Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0255 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Abandoned Structure" means a structure that has been left without authorization on, under or over state-owned submerged or submersible lands.
(2) "Abandoned Vessel" means a vessel that has been left without authorization on public or private land, the waters of this state, or any other water.
(3) "Actual Annual Gross Income" means the gross revenue received by a lessee during the prior lease year from the authorized use(s) of state-owned submerged and submersible land, including but not limited to the rental of boat slips, boat rental, launch fees or from associated incidental services within the authorized area.
(4) "Adjacent Riparian Owner" or "Riparian Owner" means a person holding recorded title to property that fronts or abuts state-owned submerged and submersible land.
(5) "Adjacent Riparian Property" or "Adjacent Riparian Tax Lot" means the non-state-owned portion of a tax lot that fronts or abuts state-owned submerged and submersible land.
(6) "Annual Lease Compensation" means the amount of compensation a lessee pays to the Department for the use of an authorized area.
(7) "Applicant" is any person applying for a waterway use authorization.
(8) "Appraised Value" means an estimate of current fair market value of a parcel (expressed in dollars per square foot) derived by a state certified appraiser or a salaried public employee of the federal government, the State of Oregon, or a political subdivision of the federal government or the State of Oregon while engaged in the performance of the duties of the employee as defined in ORS 674.100(2)(h).
(9) "Aquaculture" means the culture, farming, or harvesting of food fish, shellfish, and other plants (exclusive of kelp which is governed by Division 125 of the Department's administrative rules) and animals in fresh or salt-water areas. Aquaculture practices include, but are not limited to, the hatching, seeding or planting, cultivating, feeding, raising, and harvesting of planted or natural species so as to maintain an optimum yield, and the processing of plants or animals.
(10) "Assessed Value" means the current value in dollars per square foot assigned to the land within the adjacent riparian tax lot or comparable tax lot by the county tax assessor.
(11) "Assignment" or "Assign" means a transfer by the lessee with the Department's approval of the rights of use and occupancy of the leasehold to another person.
(12) "Authorization" or "Waterway Use Authorization" means a lease, registration or public facility license granted by the Department to an applicant conveying a right to limited use of a specific area of state-owned submerged and submersible land for a specific purpose for a fixed period of time.
(13) "Authorized Area" is the area of state-owned submerged and submersible land defined in the waterway use authorization for which a use is authorized.
(14) "Boat House" means a covered or enclosed structure used to store, shelter, or protect a boat or boats and boating equipment. A structure containing a dwelling does not qualify as a boat house. A boathouse may include an unenclosed recreation area, or a roof that is:
(a) Used as a viewing platform, for sunbathing, or for other related short-term recreational uses;
(b) Surrounded by a railing or other safety device;
(c) Accessible from the lower deck by a permanent or temporary stairway; or
(d) Used to gain access to a waterslide.