Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA › Section 141-140-0030 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to
			 Article VIII, Section 5(2) of the Oregon Constitution, the State Land Board,
			 through the Department, manages all land (Trust and Non-Trust) under its
			 jurisdiction "with the object of obtaining the greatest benefit for the people
			 of this state, consistent with the conservation of this resource under sound
			 techniques of land management."
(2)
			 Pursuant to Oregon law as defined in ORS 274, all tidally influenced and title
			 navigable waterways (referred to as state-owned submerged and submersible land)
			 have been placed by the Oregon State Legislature under the jurisdiction of the
			 State Land Board and the Department, as the administrative arm of the State
			 Land Board.
(3) State-owned
			 submerged and submersible lands are managed to ensure the collective rights of
			 the public, including riparian owners, to fully use and enjoy this resource for
			 commerce, navigation, fishing, recreation and other public trust values. These
			 rights are collectively referred to as "public trust rights."
(4) The Department will follow the guiding
			 principles and resource-specific management prescriptions contained in its Real
			 Estate Asset Management Plan, and consider the comments received from various
			 local, state and federal agencies, other interested persons including, but not
			 limited to tribal governments, port districts, business and community
			 organizations, and fisher, recreationist and conservation groups, and the
			 holders of Department-issued authorizations within or immediately adjacent to
			 the requested area when determining whether to authorize or condition a
			 temporary use authorization or ocean renewable energy facility lease.
(5) Pursuant to Part Five of the Territorial
			 Sea Plan, "Oregon prefers to develop renewable energy through a precautionary
			 approach that supports the use of pilot projects and phased development in the
			 initial stages of commercial development."
(6) Pursuant to ORS
			 274.873:
(a) A person may not construct or operate an
			 ocean renewable energy facility within Oregon's territorial sea without a
			 proprietary authorization issued by the Department of State Lands and as
			 provided by the Department by rule, or in a manner contrary to the conditions
			 set out in the authorization;
(b)
			 An application for a proprietary authorization under this section must include
			 all of the information required by that part of the Territorial Sea Plan that
			 addresses the development of ocean renewable energy facilities in the
			 territorial sea;
(c) The Department
			 may not issue a proprietary authorization for an ocean renewable energy
			 facility that does not comply with the criteria described in that part of the
			 Territorial Sea Plan that addresses the development of ocean renewable energy
			 facilities in the territorial sea; and
(d) The department shall incorporate the
			 terms and conditions of the removal or fill permit required for the ocean
			 renewable energy facility into the proprietary authorization.