Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 83 - RULES FOR GRANTING EASEMENTS FOR FIBER OPTIC AND OTHER CABLES ON STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND WITHIN THE TERRITORIAL SEA › Section 141-083-0840 - Pre-Application and Application Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to submitting an application to the
			 Division, the person wanting to place a cable on state-owned submerged and
			 submersible land within the Territorial Sea shall meet with Division staff to
			 discuss the proposed project, alternative routes, factors affecting cable
			 installation, and desired schedule. The person is also encouraged to meet with
			 affected ocean users and industries prior to meeting with the Division to
			 discuss possible use conflicts and other issues attendant with the proposed
			 cable route(s).
(2) Upon receipt of
			 an application, the Division will determine if it is complete. Applications
			 which are determined by the Division to be incomplete shall be returned to the
			 applicant with an explanation of the reason(s) for rejection.
(3) If a rejected application is resubmitted
			 within one hundred and twenty (120) calendar days from the date the Division
			 returned it to the applicant, no additional application fee will be
			 assessed.
(4) Applications
			 determined by the Division to be complete will be circulated to various local,
			 state, and federal agencies and other interested persons for review and
			 comment. The Division will circulate the application according to the
			 requirements of its State Agency Coordination Program.
(5) To obtain public comment and identify
			 possible issues concerning the proposed cable, the Division may hold public
			 information meetings in the vicinity of each cable landing prior to, or after
			 receipt of an application. The person proposing the cable or easement applicant
			 shall attend any public meetings scheduled by the Division and be prepared to
			 discuss the project.
(6) An
			 easement applicant may amend their application at any time in order to address
			 issues, concerns, or information shortfalls identified by the Division or other
			 commentors.
(7) After receipt of
			 agency and public comment concerning the proposed project resulting from the
			 State Agency Coordination application circulation, the Division shall determine
			 whether additional information is needed and/or modifications required to the
			 proposed project. The easement applicant shall then be notified in writing of
			 the Division's requirements.
(8) An
			 easement applicant shall be given the opportunity to revise their proposed
			 project or demonstrate why suggested changes are not feasible prior to the
			 Division's development of its recommendation to the State Land Board regarding
			 the subject easement and related requirements for the location, construction,
			 operation and maintenance of the cable.
(9) The Land Board may approve or deny the
			 easement based on the recommendation of the Division and the findings required
			 by OAR 141-083-0810(8).
Stat. Auth.: ORS
				  196.800 - ORS
				  196.990 & ORS
				  390.805 - ORS
				  390.925
Stats. Implemented: ORS
				  196.800 - ORS
				  196.990 & ORS
				  390.805 - ORS
				  390.925