Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 145 - RULES GOVERNING THE MANAGEMENT OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND SUBJECT TO REMEDIATION AND HABITAT RESTORATION ACTIVITIES › Section 141-145-0040 - General Terms and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The following terms and conditions apply for authorizations administered under
			 these rules.
(a) Authorizations issued by the
			 Department will be for the minimum area determined to be required for the
			 requested use.
(b) The Department
			 may grant additional authorizations which, as determined by the Department, do
			 not substantially interfere with an authorized use administered under these
			 rules.
(c) The Department will
			 offer access authorizations for a term up to three (3) years.
(d) Unless otherwise approved by the
			 Director, the Department will offer leases for a term up to fifteen (15) years.
(e) Unless otherwise approved by
			 the Director, the Department will offer easements for a term up to thirty (30)
			 years.
(f) The Department will,
			 upon request of the applicant, grant permanent easements only for conservation
			 purposes or as required by a regulatory order. Requests for permanent easements
			 will be taken to the State Land Board for review and approval.
(g) An authorization granted by the
			 Department under these rules will generally be to a specific person for a
			 specific use, location, and term. The holder must apply to and obtain prior
			 written approval from the Department as provided in OAR
			 141-145-0025  prior to:
(A) Changing the authorized use;
(B) Expanding the number of
			 authorized developments or uses;
(C) Changing the authorized area; or
(D) Permitting other persons to
			 utilize the authorized area for uses and developments requiring separate
			 authorization by the Department.
(h) The Department or authorized
			 representative(s) of the Department have the right to enter into and upon the
			 authorized area at any time for the purposes of inspection or management.
(i) Except as provided in OAR
			 141-145-0050  or as otherwise provided in the authorization, the holder of an authorization
			 must terminate all use, and at the Department's discretion, remove any or all
			 structures or uses placed within the authorized use area upon expiration or
			 cancellation of the authorization. If the holder refuses to terminate its use
			 or remove its structures, the Department may remove them and charge the holder
			 for doing so.
(j) The holder must
			 defend, indemnify and hold the State of Oregon, its boards, commissions,
			 agencies, officers, employees, contractors and agents harmless from and against
			 any and all claims, demands, actions, judgment, losses, damages, penalties,
			 fines, costs and expenses (including expert witness fees and costs and
			 attorney's fees in any administrative proceeding, mediation, trial, or appeal)
			 arising from or attributable, in whole or in part, to the use that is the
			 subject to the authorization, including without limitation, any such claims or
			 costs arising from a release of a hazardous substance as a result of the
			 authorized activity, exacerbation of existing contamination or holder's failure
			 to comply fully with the authorization or any order or agreement under which
			 holder is conducting its use. This requirement will survive termination or
			 expiration of any authorization issued under these rules.