reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0170 - Uses Allowed in Development Category Wetlands

Current through Register Vol. 63, No. 7, July 1, 2024
A local government may allow the following uses after reviewing
				the proposed use against criteria and standards set out in the WCP implementing
				ordinances, that ensure that the uses meet the management directives in OAR
				141-120-0150  and are intended to achieve WCP Goals:
(1) All uses allowed in the WCP and
			 implementing zoning ordinances;
(2)
			 Construction of committed infrastructure; and
(3) Biofiltration or other wetland water
			 treatment systems provided the proposed project meets all applicable water
			 quality standards.
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.678 - ORS
				  196.692, ORS 215 & ORS
				  227.350
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0180 - Planned Infrastructure

Current through Register Vol. 63, No. 7, July 1, 2024
Planned infrastructure may be authorized in a wetland
				designated in the Conservation Category in the following manner:
(1) The party sponsoring the planned
			 infrastructure may receive authorization directly from the Division under ORS
			 196.682; or
(2) The Director may find that the project
			 avoids wetlands in the WCP area to the degree practicable. If so, the
			 Director's order approving the WCP may identify the approximate location of the
			 planned infrastructure if the local government:
(a) Determines that the need for the planned
			 infrastructure exists by showing that:
(A)
			 Existing development is dependent on the planned infrastructure; or
(B) The planned infrastructure is required to
			 allow access to buildable uplands;
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0190 - Implementing Ordinances

Current through Register Vol. 63, No. 7, July 1, 2024
To meet the requirements of this rule, the local government's
				implementing ordinances shall include standards and criteria that
				regulate:
(1) Alteration or removal of
			 vegetation including trees;
(2)
			 Uses allowed in wetlands placed into the Protection and Conservation Categories
			 after review by the local government; and
(3) How protection in perpetuity for wetlands
			 designated protection is provided.
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.678 - ORS
				  196.692, ORS 215 & ORS
				  227.350
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0200 - Information Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Local
			 governments shall provide:
(a) The
			 implementing ordinances that set out the standards and criteria necessary to
			 ensure that allowed uses comply with the management directives for protection,
			 conservation and development and an explanation of how the ordinance ensures
			 compliance with the management directives;
(b) All determinations, showings and findings
			 with supporting documents and maps developed or used to fulfill requirements of
			 OAR 141-120-0000  to 141-120-0230;
(c) Maps of the land use designations used in
			 the local comprehensive plan;
(d)
			 Maps if available, and explanatory narrative of the local buildable lands
			 inventory;
(e) Where applicable,
			 consideration of plans and projects of adjacent jurisdictions;
(f) The list of sites placed into each
			 Wetland Resource Designation and supporting information; and
(g) Information required by OAR 141-120-0180  to determine the method to be used for planned infrastructure in the Director's
			 order.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0210 - Director's Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
When reviewing the local govern-ment's wetland resource
				designations and analysis of alternatives, the Director shall:
(1) Consult with the local government and, as
			 necessary, the Department of Land Conservation and Development on the
			 information provided under OAR 141-120-0200.
(2) Determine whether the local government
			 has:
(a) Applied the wetland resource
			 designation criteria as intended;
(b) Developed standards and criteria for
			 reviewing allowed uses that ensure the uses meet the management directives for
			 the appropriate wetland resource designation;
(c) Avoided adverse impacts to wetland
			 systems to the extent practicable;
(d) Minimized the impacts of fill or removal
			 to the wetland system in the WCP area; and
(e) Demonstrated that the WCP provides
			 protection in perpetuity for areas placed into the Protection
			 Category.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0220 - Jurisdictions Not Governed by this Rule

Current through Register Vol. 63, No. 7, July 1, 2024
A jurisdiction that submits a WCP to the Division within six
				months from the date this rule is adopted may be exempt from the requirements
				of OAR 141-120-0000  to 141-120-0230  if, within 90 days from adoption of this
				rule, the jurisdiction demonstrates to the Director's satisfaction that the
				jurisdiction has made substantial progress toward designating wetland resources
				for protection, conservation or development and analysing alternatives to
				adversely impacting wetlands by other means.
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.678 - ORS
				  196.692, ORS 215 & ORS
				  227.350
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 120 - WETLAND CONSERVATION PLAN WETLAND RESOURCE DESIGNATIONS AND ANALYSIS OF ALTERNATIVES › Section 141-120-0230 - Citation of Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 196.692 authorizes the Division
				of State Lands to adopt rules to carry out the provisions of ORS
				196.668 through
				196.692, Wetland Inventory and
				Wetland Conservation Plans.
Stat. Auth.: ORS
				  196.692
Stats. Implemented: ORS
				  196.678 - ORS
				  196.692, ORS 215 & ORS
				  227.350
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 121 - NAVIGABILITY DETERMINATION › Section 141-121-0000 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules,
			 authorized by ORS 274 .400 through 274. 412, prescribe the procedure which the
			 Land Board and the Division will follow to assert title to land underlying
			 Oregon's waterways from the date of rule adoption.
(2) These rules do not apply to:
(a) Those parts of waterways which have had
			 their ownership determined through adjudication by a court having jurisdiction
			 to determine title to real property in Oregon; and
(b) All tidally influenced waters.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 121 - NAVIGABILITY DETERMINATION › Section 141-121-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Affected
			 Property Owners" refers to those people listed in the records of the county
			 assessor as owners of property fronting, abutting or underlying, or having a
			 recorded easement allowing access to a waterway segment at the time that the
			 Division undertakes a navigability study of the subject waterway.
(2) "Broad And Substantial Public Interest"
			 exists when the Land Board, after considering the public's right to the use of
			 a waterway segment and the authority of the state and local governments,
			 determines that an administrative determination of navigability is required to:
(a) Help resolve conflicts between property
			 owners, between users (including recreational users), or between users and
			 affected property owners of a waterway segment;
(b) Facilitate management or protection of a
			 waterway segment (for example, its environmental components or scenic, historic
			 and cultural values); and/or
(c)
			 Facilitate and promote commerce.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 121 - NAVIGABILITY DETERMINATION › Section 141-121-0020 - Request For A Navigability Study

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Only the Land Board can direct the
			 Division to undertake a navigability study.
(2) All requests to undertake a navigability
			 study shall be submitted to the Division in writing and shall, at a minimum,
			 include the following information:
(a) The
			 name and specific segment (identified through the use of river miles or other
			 clearly locatable geographic place names or features) of the waterway segment
			 for which a navigability study is requested;
(b) Discussion and evaluation of the
			 substantial economic justification for, and/or broad and substantial public
			 interest in support of a navigability study;
(c) Description of any use conflicts, contact
			 with local, state and federal authorities, and efforts to resolve problems;
			 and
(d) Available evidence that the
			 subject waterway segment is or is not likely to be navigable.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 121 - NAVIGABILITY DETERMINATION › Section 141-121-0030 - Process For Conducting A Navigability Study

Current through Register Vol. 63, No. 7, July 1, 2024
A navigability study shall consist of the following actions in
				the order presented:
(1) If the Land
			 Board directs the Division to conduct a study, the Division shall give public
			 notice that it will undertake the study. This notice shall be called a "Notice
			 Of Initiation Of Navigability Study" and shall:
(a) Describe the purpose of the study and the
			 location of the waterway segment under consideration;
(b) Request that any persons having
			 information relevant to the study contact the Division;
(c) Be published not less than once each week
			 for three (3) successive weeks in a statewide newspaper, and also a newspaper
			 of general circulation in the area in which the waterway segment is located;
			 and
(d) Be sent to affected
			 property owners, persons who request such notices, and other interested persons
			 (for example, local government, watershed councils, etc.).
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 121 - NAVIGABILITY DETERMINATION › Section 141-121-0040 - Adoption Of Navigability Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Division shall select a date and time
			 when it will present the Final Navigability Report to the Land Board, and shall
			 prepare a meeting notice. The notice shall:
(a) Briefly describe the findings and
			 conclusions of the Final Navigability Report and advise people how to obtain a
			 copy;
(b) Be published not less
			 than once each week for three (3) successive weeks in a statewide newspaper,
			 and also a newspaper of general circulation in the area in which the waterway
			 segment is located; and
(c) Be sent
			 to affected property owners, persons who request such notices, and other
			 interested persons (for example, local government, watershed councils, etc.).
			 The Division shall also send a copy of the Draft Navigability Study to county
			 public libraries in the area of the subject waterway segment.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS › Section 141-122-0010 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules:
(a) Govern the granting of
			 easements on state-owned Trust land as specified herein.
(b) Do not apply to the:
(A) Granting of easements for State owned
			 submerged and submersible lands administered under OAR 141-123 (Rules for
			 Granting Easements on Non-Trust Land)
(B) Granting of easements for fiber optic and
			 other cables on state-owned submerged and submersible land within the
			 Territorial Sea, an activity governed by OAR 141-083 (Rules For Granting
			 Easements For Fiber Optic And Other Cables On State-Owned Submerged and
			 Submersible Land Within The Territorial Sea);
(C) Granting of authorizations for
			 hydroelectric projects on state-owned Trust Land, an activity governed by OAR
			 141-087 (Hydroelectric Projects);
(D) Dedication of roads or rights of way
			 required of the Department or its agents by local government resulting from a
			 local land use approval involving state-owned land; or
(E) Existing valid easements or right of ways
			 granted, by the Department or State Land Board, prior to the adoption of these
			 rules.
(c) Require prior
			 authorization for all uses described under OAR 141-122-0010(2) and (3)  unless
			 otherwise exempt from easement under the provisions of OAR 141-122-0010(4)  of
			 these rules.
(d) Contain specific
			 provisions relating to the granting of easements by:
(A) The Department and the Oregon State
			 Forester on Common School Forest Land; and
(B) The Department to persons who have or
			 will place a structure or facility on state-owned Trust Land necessary to take
			 water for which they have a right to use the water.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS › Section 141-122-0020 - 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, 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) In addition to the constitutional mandate
			 described in OAR 141-122-0020(1), the Department is required to manage its
			 Trust Land to maximize revenue to the Common School Fund over the long
			 term.
(3) 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.
(4) 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.
(5) 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.
(6) 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 141-122-0050(4)  it determines that the proposed
			 use or development would unreasonably impact uses 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; 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).
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS › Section 141-122-0040 - Easement Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided by OAR 141-122-0010(4)
 
			 (Purpose and Applicability) and 141-122-0100  (Easements Issued on Common School
			 Forest Land), any person wanting to use state-owned land for any of the
			 purposes described in OAR 141-122-0010(2) and (3)  must:
(a) Apply to the Department for the easement
			 using a form provided by the Department; and
(b) Submit a non-refundable application fee
			 as provided in OAR 141-122-0040(3)  payable to the Department to cover the
			 administrative costs of processing the application and issuing the
			 authorization. When applying for an easement for a structure or facility
			 necessary for the use of water as described in OAR 141-122-0105, a person may
			 submit to the Department a copy of their application to the Department of Water
			 Resources for a right to use water in lieu of using the Department's easement
			 application form.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS › Section 141-122-0050 - Easement Application Review and Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department staff may require a meeting to
			 discuss a proposed project and use before performing an application completion
			 review. This meeting may be in person or through other means acceptable to the
			 Department. The Department may invite other government entities and affected
			 stakeholders to take part in an application meeting.
(2) Upon receipt of an application, and the
			 completion of an application meeting if necessary, the Department will
			 determine whether it is complete. Applications determined to be incomplete will
			 be returned to the applicant with a written explanation of the reason(s) for
			 rejection.
(3) If a rejected
			 application is resubmitted within 120 calendar days from the date the
			 Department returned it to the applicant, no additional application fee will be
			 assessed.
(4) If determined by the
			 Department to be complete, the application will be circulated to affected
			 local, state, and federal agencies; Holders of valid authorizations granted by
			 the Department in the requested area; and other interested parties including
			 federally recognized tribal governments and ports for review and comment. As a
			 part of this review, the Department will specifically request comments
			 concerning:
(a) The presence, type and
			 location of state or federal listed threatened and endangered species
			 (including candidate species), and archeological and historic resources within
			 the requested area which may be disturbed by the proposed use;
(b) Whether the proposed easement use:
(A) Conforms with other local, state, and
			 federal law and rules;
(B) Conforms
			 with the local comprehensive land use plan and zoning ordinances;
(C) Conforms with the general provisions
			 described in OAR 141-122-0020  of these rules; and
(D) Would unreasonably impact uses or
			 developments proposed or already in place within the requested area.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS › Section 141-122-0060 - Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in OAR 141-122-0060(3), the Department will, prior to granting an
			 easement, require an applicant to submit to the Department a compensatory
			 payment for each individual crossing or use of state-owned land in the greatest
			 of:
(a) 100 percent of the market value of
			 the area requested for the easement if it is on, over or above state-owned
			 upland for uses as defined in OAR 141-122-0010(2) and (3). Market value is
			 either:
(A) Real market value as determined
			 by the county tax assessor for DSL parcel impacted and the benefitting tax
			 lot(s); or
(B) An appraised value
			 that is acceptable to the Department and that has been prepared by a qualified
			 state-certified appraiser.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS › Section 141-122-0070 - General Easement Terms And Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Easements shall be offered by the
			 Department for the minimum area and term determined by the Department to be
			 required for the requested use or development. Unless otherwise authorized by
			 the Director, the minimum width of an easement shall be no less than 15
			 feet.
(2) The applicant shall have
			 ninety (90) calendar days from the date of offer to execute an easement with
			 the Department. The Department may revoke the offer after ninety calendar days,
			 at which time the applicant may re-apply for an easement in accordance with OAR
			 141-122-0040.
(3) The Department
			 may grant additional easements which, as determined by the Department, do not
			 substantially interfere with other authorized easements within a given
			 area.
(4) Easements shall be
			 offered for a term no longer than thirty (30) years unless otherwise authorized
			 by the Director.
(5) The Department
			 may, upon request of the applicant, grant permanent easements only for
			 structures or facilities necessary for the use of water as provided in OAR
			 141-122-0105.
(6) Requests for
			 permanent easements shall be taken to the State Land Board for review and
			 approval.
(7) An easement granted
			 by the Department will generally be to a specific person for a specific use,
			 location, and term. The Holder of an easement must apply to and obtain prior
			 written approval from the Department as provided in OAR 141-122-0040  prior to:
(a) Changing the authorized use;
(b) Transfer of ownership;
(c) Expanding the number of authorized
			 developments or uses;
(d) Changing
			 the authorized area; or
(e)
			 Permitting other persons to utilize the authorized area for uses and
			 developments requiring separate authorization by the Department (for example,
			 attachment of cables, conduits, or pipes under a bridge already authorized by
			 an easement).
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS › Section 141-122-0080 - Assignment of Easements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 easement in good standing is transferable. Prior written consent of the
			 Department is required prior to any transfer of the easement. No transfer may
			 increase the burden on the estate or detract from the value of the underlying
			 state land.
(2) The Holder of an
			 easement wanting to transfer their easement must submit to the Department:
(a) Notice of proposed transfer on a form
			 provided by the Department at least 60 calendar days prior to the date that the
			 transfer is to occur; and
(b)
			 Non-refundable transfer processing fee of $1,000.00 payable to the
			 Department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS › Section 141-122-0090 - Termination of an Easement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may terminate any easement:
(a) If
			 there is no use of, or development placed on the easement area for five
			 consecutive years;
(b) If the
			 easement is for a structure or facility necessary for the use of water on
			 state-owned land and the associated right to use water is cancelled by the
			 Oregon Water Resources Department or abandoned by the easement Holder. Upon
			 such termination, the Department will notify the easement Holder in writing
			 using the last known address reported by the easement Holder to the Department.
			 This notification will state that the easement has terminated, and that the
			 easement Holder will have 30 calendar days from the date of the notice to
			 respond in writing to the Director why the easement should be reinstated. The
			 Director will notify the easement Holder in writing of his/her decision within
			 60 calendar days of receipt of the request for reinstatement of the easement;
			 or
(c) If the Holder of the
			 easement fails to comply with these rules or the terms and conditions of the
			 easement, or violates other laws covering the use of their authorized area, the
			 Department will notify the Holder of the easement in writing of the default and
			 demand correction within a specified time frame. If the Holder of an easement
			 fails to correct the default within the time frame specified, the Department
			 may:
(A) Modify or terminate the easement;
			 or
(B) Invoke other remedies as
			 provided in OAR 141-122-0130.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS › Section 141-122-0100 - Easements Issued on Common School Forest Land

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Oregon State Forester may issue an
			 easement not to exceed a term of ten years [temporary easements] on certified
			 Common School Forest Land in accordance with applicable statutes and
			 administrative rules.
(2) Such
			 easements may be issued by the Oregon State Forester for uses such as, but not
			 limited to:
(a) Use of roads for forest
			 management purposes;
(b)
			 Constructing, improving and/or maintaining temporary roads, including spur
			 roads;
(c) Constructing landing
			 sites to deck timber;
(d) Use of
			 stumps and/or trees for guide lines and tail holds;
(e) Extracting sand, gravel, or quarry rock
			 for the improvement, construction or maintenance of state-owned roads;
			 and
(f) Use of existing roads for
			 forest management purposes.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS › Section 141-122-0105 - Easements For Structures and Facilities Necessary for the Use of Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An easement is
			 required for all structures and facilities placed on Trust Land managed by the
			 Department that are necessary for the use of water.
(2) An application received by the Department
			 for an easement for a structure or facility necessary for the use of water will
			 be processed pursuant to the provisions of OAR 141-122-0050  and 141-122-0060  (as applicable) of these rules.
(3)
			 The Department will allow a person to include up to three water pipelines and
			 associated fixtures per lot of record on their application for an
			 easement.
(4) An easement issued by
			 the Department under this section will have the same term as that of the
			 associated right to use the water as determined by the Oregon Water Resources
			 Department. Land Board approval will not be required for an easement granted
			 under this section.
(5) The
			 Department may enter into an agreement with the Oregon Water Resources
			 Department to consolidate the processing of easements for structures or
			 facilities necessary for the use of water with the processing of a right to use
			 water.
Statutory/Other Authority: ORS
				  273.045
Statutes/Other Implemented: ORS
				  273.761,
				  274.040,
				  274.720,
				  376.620,
				  530.050,
				  530.490  & 758.010
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS › Section 141-122-0110 - Unauthorized Uses and Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Uses and developments not authorized by an easement issued by the Department,
			 or by another agency as a valid existing right of record on land acquired by
			 the Department, constitute a trespass and must be removed as directed unless
			 otherwise authorized in writing by the Department.
(2) In addition to any other penalties
			 provided or permitted by law, the use or placement of any development on
			 state-owned land without the required Department authorization as described in
			 these rules, or which is otherwise not in compliance with these rules, will
			 constitute a trespass and be prosecuted pursuant to governing law.
Statutory/Other Authority: ORS
				  273.045
Statutes/Other Implemented: ORS
				  273.761,
				  274.040,
				  274.720,
				  376.620,
				  530.050,
				  530.490  & 758.010
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS › Section 141-122-0120 - Reconsideration of Decision

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant or any person adversely affected by the issuance
				or denial of an easement by the Department may request the Director or the
				State Land Board, depending on which entity made the decision, to reconsider
				the decision. A request for reconsideration must be filed in compliance with
				ORS
				183.482 or
				183.484.
Statutory/Other Authority: ORS
				  273.045
Statutes/Other Implemented: ORS
				  273.761,
				  274.040,
				  274.720,
				  376.620,
				  530.050,
				  530.490  & 758.010
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 122 - RULES FOR GRANTING EASEMENTS ON TRUST LANDS › Section 141-122-0130 - Enforcement Actions; Civil Penalties and Other Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may:
(a) Conduct field inspections to determine if
			 uses of, and developments on, Trust Lands are authorized by, or conform with
			 the terms and conditions of an easement and, if not,
(b) Pursue whatever remedies are available
			 under law to ensure that any use that is in violation of the terms or
			 conditions of an easement is either brought into compliance with the
			 requirements of these rules or other applicable law, or removed.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 123 - RULES FOR GRANTING EASEMENTS ON NON-TRUST LANDS › Section 141-123-0010 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules:
(a) Govern the granting and renewal of
			 easements on state-owned Non-Trust land as specified herein.
(b) Do not apply to the:
(A) Granting of easements for State-Owned
			 Trust lands under OAR 141-122 (Rules for Granting Easements on Trust
			 Land)
(B) Granting of easements for
			 fiber optic and other cables on state-owned submerged and submersible land
			 within the Territorial Sea, an activity governed by OAR 141-083 (Rules for
			 Granting Easements for Fiber Optic and Other Cables on State-Owned Submerged
			 and Submersible Land Within the Territorial Sea);
(C) Granting of authorizations for
			 hydroelectric projects on state-owned Non-Trust Land, an activity governed by
			 OAR 141-087 (Hydroelectric Projects);
(D) Granting of authorizations for
			 remediation and habitat restoration activities governed by OAR 141-145 (Rules
			 Governing the Management of State-Owned Submerged and Submersible Land Subject
			 to Remediation and Habitat Restoration Activities);
(E) Granting of authorizations for leases,
			 licenses and registrations for structures on and uses of state-owned submerged
			 and/or submersible lands governed by OAR 141-082 (Rules Governing the
			 Management Of, And Issuing of Leases, Licenses and Registrations for Structures
			 On, And Uses of State-Owned Submerged and Submersible Land).
(F) Dedication of roads or rights-of-way
			 required of the Department or its agents by local government resulting from a
			 local land use approval involving state-owned land; or
(G) Existing valid easements or right of ways
			 granted, by the Department of State Lands (Department) or State Land Board,
			 prior to the adoption of these rules.
(c) Require prior authorization for all uses
			 described under OAR 141-123-0010(2) and (3)  unless otherwise exempt from
			 easement under the provisions of OAR 141-123-0010(4)  of these rules.
(d) Contain specific provisions relating to
			 the granting of easements by the Department to persons who have or will place a
			 structure or facility on state-owned Non-Trust Land necessary to take water for
			 which they have a right to use.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 123 - RULES FOR GRANTING EASEMENTS ON NON-TRUST LANDS › Section 141-123-0040 - Easement Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided by OAR 141-123-0010(4)
 
			 (Purpose and Applicability) and 141-123-0100
(Easements for Structures
			 and Facilities Necessary for the Use of Water)
, any person wanting to
			 use state-owned land for any of the purposes described in OAR 141-123-0010(2)
			 and (3)  must:
(a) Apply to the Department for
			 the easement using a form provided by the Department; and
(b) Submit a non-refundable application fee
			 as provided in OAR 141-123-0040(3)  payable to the Department to cover the
			 administrative costs of processing the application and issuing the
			 authorization. When applying for an easement for a structure or facility
			 necessary for the use of water as described in OAR 141-123-0100, a person may
			 submit to the Department a copy of their application to the Department of Water
			 Resources for a right to use water in lieu of using the Department's easement
			 application form.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 123 - RULES FOR GRANTING EASEMENTS ON NON-TRUST LANDS › Section 141-123-0050 - Easement Application Review and Approval Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department staff may require a meeting to
			 discuss a proposed project and use before performing an application completion
			 review. This meeting may be in person or through other means acceptable to the
			 Department. The Department may invite other government entities and affected
			 stakeholders to take part in an application meeting.
(2) Upon receipt of an application, and the
			 completion of an application meeting if necessary, the Department will
			 determine whether it is complete. Applications determined to be incomplete will
			 be returned to the applicant with a written explanation of the reason(s) for
			 rejection.
(3) If a rejected
			 application is resubmitted within 120 calendar days from the date the
			 Department returned it to the applicant, no additional application fee will be
			 assessed.
(4) If determined by the
			 Department to be complete, the application will be circulated to affected
			 local, state, and federal agencies; Holders of valid authorizations granted by
			 the Department in the requested area; and other interested persons including
			 federally recognized tribal governments and ports for review and comment. As a
			 part of this review, the Department will specifically request comments
			 concerning:
(a) The presence, type and
			 location of state or federal listed threatened and endangered species
			 (including candidate species), and archeological and historic resources within
			 the requested area which may be disturbed by the proposed use;
(b) Whether the proposed easement use:
(A) Conforms with other local, state, and
			 federal law and rules;
(B) Conforms
			 with the local comprehensive land use plan and zoning ordinances;
(C) Conforms with the general provisions
			 described in OAR 141-123-0020  of these rules; and
(D) Would unreasonably impact uses or
			 developments proposed or already in place within the requested area.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 123 - RULES FOR GRANTING EASEMENTS ON NON-TRUST LANDS › Section 141-123-0060 - Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in OAR 141-123-0060(11) and (12), the Department will, prior to
			 granting an easement, require an applicant not otherwise exempt under OAR
			 141-123-0060(6)  or as provided in OAR 141-123-0060(10)  to submit to the
			 Department a compensatory payment for each individual crossing or use of
			 state-owned land in an amount equal to the greatest of:
(a) For submerged and submersible lands,
			 compensation is based on 33 1/3 percent of the market value of the adjacent
			 riparian tax lots for uses described in OAR 141-123-0010(2) and (3). Market
			 value is either:
(A) An appraised value that
			 is acceptable to the Department; or
(B) The Real Market value of the adjacent
			 riparian tax lots.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 123 - RULES FOR GRANTING EASEMENTS ON NON-TRUST LANDS › Section 141-123-0070 - General Easement Terms and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Easements shall be offered by the
			 Department for the minimum area and term determined by the Department to be
			 required for the requested use or development. Unless otherwise authorized by
			 the Director, the minimum width of an easement shall be no less than 15
			 feet.
(2) The applicant shall have
			 ninety (90) calendar days from the date of offer to execute an easement with
			 the Department. The Department may revoke the offer after ninety calendar days,
			 at which time the applicant may re-apply for an easement in accordance with OAR
			 141-123-0040.
(3) The Department
			 may grant additional easements which, as determined by the Department, do not
			 substantially interfere with other authorized easements within a given
			 area.
(4) Easements shall be
			 offered for a term no longer than thirty (30) years, unless otherwise
			 authorized by the Director.
(5) The
			 Department may, upon request of the applicant, grant permanent easements only
			 for the following uses of state-owned land:
(a) State, county and city-owned bridges if
			 the application contains a full surveyed legal description for each bridge and
			 the appropriate compensation required by these rules; and
(b) Structures or facilities necessary for
			 the use of water as provided in OAR 141-123-0100.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 123 - RULES FOR GRANTING EASEMENTS ON NON-TRUST LANDS › Section 141-123-0080 - Transfer of Easements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 easement in good standing is transferable. Prior written consent of the
			 Department is required prior to any transfer of the easement. No transfer may
			 increase the burden on the estate or detract from the value of the underlying
			 state land.
(2) The Holder of an
			 easement wanting to transfer their easement must submit to the Department:
(a) Notice of proposed transfer on a form
			 provided by the Department at least 60 calendar days prior to the date that the
			 transfer is to occur; and
(b)
			 Non-refundable transfer processing fee of $750 payable to the
			 Department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 123 - RULES FOR GRANTING EASEMENTS ON NON-TRUST LANDS › Section 141-123-0090 - Termination of an Easement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may terminate any easement:
(a) If
			 there is no use of, or development placed on the easement area for five
			 consecutive years;
(b) If the
			 easement is for a structure or facility necessary for the use of water on
			 state-owned submerged and submersible land and the associated right to use
			 water is cancelled by the Oregon Water Resources Department or abandoned by the
			 easement Holder. Upon such termination, the Department will notify the easement
			 Holder in writing using the last known address reported by the easement Holder
			 to the Department. This notification will state that the easement has
			 terminated, and that the easement Holder will have 30 calendar days from the
			 date of the notice to respond in writing to the Director why the easement
			 should be reinstated. The Director will notify the easement Holder in writing
			 of his/her decision within 60 calendar days of receipt of the request for
			 reinstatement of the easement; or
(c) If the Holder of the easement fails to
			 comply with these rules or the terms and conditions of the easement, or
			 violates other laws covering the use of their authorized area, the Department
			 will notify the Holder of the easement in writing of the default and demand
			 correction within a specified time frame. If the Holder of an easement fails to
			 correct the default within the time frame specified, the Department may:
(A) Modify or terminate the
			 easement;
(B) Invoke other remedies
			 as provided in OAR 141-123-0120.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 123 - RULES FOR GRANTING EASEMENTS ON NON-TRUST LANDS › Section 141-123-0100 - Easements for Structures and Facilities Necessary for the Use of Water

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 otherwise provided in OAR 141-123-0100(2), an easement is required for all
			 structures and facilities placed on Non-Trust Land managed by the Department
			 that are necessary for the use of water.
(2) An easement is not required for those
			 parts of structures and facilities necessary for the use of water placed on
			 state-owned submerged and submersible land managed by the Department if the:
(a) Owner of the structures and facilities
			 holds a valid right to use the water, and
(b) Water is used exclusively for domestic
			 and/or irrigation purposes.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 123 - RULES FOR GRANTING EASEMENTS ON NON-TRUST LANDS › Section 141-123-0105 - Unauthorized Uses and Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Uses and developments not authorized by an easement issued by the Department,
			 or by another agency as a valid existing right of record on land acquired by
			 the Department, constitute a trespass and must be removed as directed unless
			 otherwise authorized in writing by the Department.
(2) In addition to any other penalties
			 provided or permitted by law, the use or placement of any development on
			 state-owned land without the required Department authorization as described in
			 these rules, or which is otherwise not in compliance with these rules, will
			 constitute a trespass and be prosecuted pursuant to governing law.
Statutory/Other Authority: ORS
				  273.045
Statutes/Other Implemented: ORS
				  273.761,
				  274.040,
				  274.720,
				  376.620,
				  530.050,
				  530.490  & 758.010
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 123 - RULES FOR GRANTING EASEMENTS ON NON-TRUST LANDS › Section 141-123-0110 - Reconsideration of Decision

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant or any person adversely affected by the issuance
				or denial of an easement by the Department may request the Director or the
				State Land Board, depending on which entity made the decision, to reconsider
				the decision. A request for reconsideration must be filed in compliance with
				ORS
				183.482 or
				183.484.
Statutory/Other Authority: ORS
				  273.045
Statutes/Other Implemented: ORS
				  273.761,
				  274.040,
				  274.720,
				  376.620,
				  530.050,
				  530.490  & 758.010
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 123 - RULES FOR GRANTING EASEMENTS ON NON-TRUST LANDS › Section 141-123-0120 - Enforcement Actions; Civil Penalties and Other Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may:
(a) Conduct field inspections to determine if
			 uses of, and developments on, in or over state-owned submerged and submersible
			 land are authorized by, or conform with the terms and conditions of an easement
			 and, if not,
(b) Pursue whatever
			 remedies are available under law to ensure that any use that is in violation of
			 the terms or conditions of an easement is either brought into compliance with
			 the requirements of these rules or other applicable law, or removed.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 125 - ADMINISTRATIVE RULES FOR AUTHORIZING SPECIAL USES ON STATE-OWNED LAND › Section 141-125-0100 - Purpose And Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules:
(a) Apply to the management of
			 state-owned Trust and Non-Trust Land for special uses.
(b) Establish a process for authorizing such
			 uses through the granting of leases, licenses and, short-term access
			 authorizations (hereafter collectively referred to as a special use
			 authorization).
(c) Do not apply
			 to the granting of proprietary authorizations for uses specifically governed by
			 other Department administrative rules