Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0002 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Alteration" --
			 means "improvement" as that term is defined by statute, ORS
			 390.605(1), and
			 included in these definitions at OAR
			 736-020-0002(9).
(2) "Commission" -- means the Oregon Parks
			 and Recreation Commission.
(3)
			 "Construction Value" -- means the costs of labor, equipment, materials, and all
			 contractor fees, where those costs are incurred by the applicant or the
			 applicant's agent(s).
(4)
			 "Department" -- means the Oregon Parks and Recreation Department.
(5) "Director" -- means the Oregon Parks and
			 Recreation Director.
(6) "Emergency
			 Permit" -- means a written or oral permit for a new improvement, or the repair,
			 replacement or restoration of an existing or authorized improvement, deemed
			 necessary to protect property or property boundaries in imminent peril of being
			 destroyed or damaged by action of the Pacific Ocean or the waters of a bay or
			 river.
(7) "Fill" -- means the
			 total of deposits, by artificial means, of material at any one location within
			 the boundaries of the ocean shore.
(8) "Imminent Peril" -- means a situation in
			 which property is likely to be severely damaged or destroyed by action of the
			 Pacific Ocean or waters of a bay or river, or by landslide or other natural
			 forces, and where such damage would be likely to occur prior to the time
			 required for approval of an Ocean Shore Permit.
(9) "Improvement" -- means filling a portion
			 of the ocean shore; removal of material from the ocean shore; or a structure,
			 appurtenance or other addition, modification or alteration constructed, placed
			 or made on or to the land (ORS
			 390.605(1)).
			 For the purpose of these rules, the term "alteration" shall be used in place of
			 "improvement" except as otherwise specified in these rules.
(10) "Just Compensation" -- means payment(s)
			 of cash, or other legally acceptable valuable consideration, as compensation to
			 the State of Oregon for the right to construct or occupy the ocean shore with a
			 pipeline, cable or conduit or gather natural products from the ocean shore for
			 commercial use or private gain.
(11) "Line of Established Upland Shore
			 Vegetation" -- means that line along the Pacific Ocean shore where upland
			 vegetation cover becomes continuous; or, where minor gaps, breaks or landward
			 indentations in the line of continuous vegetation occur, the projected line
			 across the gap, break or landward indentation connecting the line of continuous
			 vegetation on either side.
(12)
			 "Material" -- means rock, gravel, sand, silt, and other inorganic substances
			 removed from the ocean shore and any materials, organic or inorganic placed
			 within the ocean shore.
(13) "Ocean
			 Shore" -- means the land lying between extreme low tide of the Pacific Ocean
			 and the statutory vegetation line as described by ORS
			 390.770 or the line of
			 established upland shore vegetation, whichever is farther inland. "Ocean shore"
			 does not include an estuary as defined in ORS
			 196.800 (ORS
			 390.605(2)).
			 For purposes of these rules, at the mouth of estuaries, the inland extent of
			 the ocean shore extends only to that point at which the statutory vegetation
			 line crosses the estuary.
(14)
			 "Ocean Shore Permit" -- means a permit for a structure, appurtenance or other
			 addition, modification or alteration, including habitat restoration,
			 constructed, placed or made on the ocean shore as required by the provisions of
			 ORS 390.640; a permit for a
			 pipeline, cable line, or conduit placed or made across or under the ocean shore
			 as required by the provisions of ORS
			 390.715; or a permit for the
			 removal of products from the ocean shore as required by the provisions of ORS
			 390.725.
(15) "Property" -- means an upland building,
			 road, street, highway, sewer or water line, or other infrastructure
			 improvement.
(16) "Public Agencies"
			 -- means federal and state agencies, local governments, and municipal and
			 quasi-municipal jurisdictions designated under Oregon law.
(17) "Removal" -- means the taking of
			 material from the ocean shore, or the movement, alteration or displacement of
			 material on the ocean shore by artificial means.
(18) "Responsible Party" -- means the
			 person(s), including the landowner, applicant or permittee and their
			 contractors or agents, or the company, organization, local, state or federal
			 agency or other entity in violation of the ocean shore statutes, rules,
			 standards, permit conditions or order of the Director, pertaining to an
			 improvement project; pipeline, cable or conduit project; or natural product
			 removal project on the ocean shore.
(19) "State Recreation Area" -- means a land
			 or water area, or combination thereof, under the jurisdiction of the State
			 Parks and Recreation Department used by the public for recreational purposes
			 (ORS 390.605(3).
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.605 - ORS
				  390.770 & ORS
				  390.990 - ORS
				  390.995