Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 123 - RULES FOR GRANTING EASEMENTS ON NON-TRUST LANDS › Section 141-123-0020 - General Provisions

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, has a constitutional responsibility to
			 manage 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) The Department shall follow
			 the guiding principles and resource-specific management prescriptions contained
			 in the Real Estate Asset Management Plan, and consider the comments received
			 from federal, state, and local governments and interested persons when
			 determining whether to authorize or condition an easement on state-owned
			 land.
(3) 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.
(4)
			 All references in these rules to "state-owned submerged and submersible land"
			 include state-owned submerged lands or submersible lands or both.
(5) State-owned submerged and submersible
			 land is managed to ensure the collective rights of the public 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".
(6) All uses of
			 state-owned land must conform to applicable local (including local
			 comprehensive land use planning and zoning ordinance requirements), state and
			 federal laws.
(7) No applicant or
			 grantee is allowed to request from any government agency a change in the zoning
			 for, or approved uses of, state-owned land without first applying to and
			 receiving written approval from the Department.
(8) The Department shall not grant an
			 easement if:
(a) As a result of its
			 circulation for public comment of the application for easement as described in
			 OAR 141-123-0050(4)  it determines that the proposed use or development would
			 unreasonably impact use or developments proposed or already in place within the
			 requested area; or
(b) If the
			 proposed use or development is inconsistent with local, state, or federal laws;
			 or
(c) If the proposed use or
			 development is inconsistent with these rules; or
(d) If the proposed use or development has
			 unacceptable impacts on public health, safety or welfare, or would result in
			 the loss of, or damage to natural, historical, cultural or archaeological
			 resources, as determined by the Department; or
(e) If the proposed use or development is
			 prohibited by a State Land Board or Department-adopted area closure, use
			 restriction, or area management plan (such as the Lower Willamette River
			 Management Plan; or a Total Maximum Daily Load Implementation Plan);
			 or
(f) If the proposed use or
			 development is inconsistent with any endangered species management plan adopted
			 by the Department under the Oregon Endangered Species Act (ORS
			 496.171 to
			 496.192).