reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0290 - Lease and Public Facility License Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding any provisions in the
			 lease or public facility license to the contrary, the holder of a lease or
			 public facility license containing a right to renew, shall exercise the right
			 to renew as set forth below.
(2)
			 The holder of a lease or public facility license shall exercise the right to
			 renew not less than 90 calendar days prior to the expiration of the then
			 current term of the lease or public facility license. If the holder of a lease
			 or public facility license fails to renew within the time required, the lease
			 or public facility license shall terminate at the expiration of the current
			 term.
(3) To exercise the right to
			 renew, the holder of a lease or public facility license must submit to the
			 Department:
(a) A written statement, on a
			 form provided by the Department:
(A)
			 Notifying the Department of the holder's intent to renew;
(B) Certifying that the uses or structures
			 that are the subject of the lease or public facility license are consistent
			 with local, state, or federal law; and
(C) Certifying that the existing uses and
			 structures are consistent with those authorized under the lease or public
			 facility license.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0295 - Lease and Public Facility License Modifications for Size and Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Change in Use:
			 The holder of a lease or public facility license may not change the authorized
			 use without prior written authorization from the Department. The holder shall
			 submit an application to the Department that includes certification indicating
			 that the proposed change is consistent with local, state, or federal law. The
			 holder shall submit an application to the Department on a form provided by the
			 Department together with an application fee of $750.
(2) Reconfiguration of existing Uses and
			 Structures: The holder of a lease or public facility license may change the
			 internal arrangement of the uses or structures within an authorized area
			 without prior written authorization from the Department. However, the holder
			 must provide the Department written notice of the change no less than 90 days
			 after the change. The written notice to the Department must include a drawing
			 with dimensions and photographs documenting the change.
(3) Increase in area: The holder of a lease
			 or public facility license may not increase the authorized area without prior
			 written authorization from the Department. The holder shall submit an
			 application to the Department that includes certification indicating that the
			 proposed expansion is consistent with local, state, or federal law. The holder
			 shall submit an application to the Department on a form provided by the
			 Department together with an application fee of $750.
(4) Decrease in area: The holder of a lease
			 or public facility license may reduce the size of the authorized area without
			 prior written authorization from the Department. However, the holder must
			 provide the Department written notice of the reduction in the size of the
			 authorized area, and an administrative fee of $375, no less than 90 days after
			 the change. The written notice to the Department must include a drawing with
			 dimensions and photographs documenting the change.
(5) The Department will process and review
			 all applications for changes of the authorized use or for an increase in the
			 authorized area under a lease or public facility license in the same manner as
			 a new lease or public facility license application as specified in these rules.
Stat. Auth.: ORS 183, 273, 274
Stats. Implemented: ORS
				  274
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0300 - Subleasing and Assignment of Leases and Public Facility Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subleasing
(a) The holder of a lease may not sublease
			 any portion of the authorized area without the prior written consent of the
			 Department, unless subleasing is specifically permitted under the lease or by
			 these rules. The Department may terminate a lease where any portion of the
			 authorized area has been sublet without the Department's written consent.
(b) Notwithstanding any provisions
			 in the lease to the contrary, the holder of a lease shall comply with the
			 process set forth below in subleasing any portion of an authorized area where
			 Department's consent is required by the lease or by these rules. In order to
			 sublease any portion of an authorized area where the Department's consent is
			 required, the holder must submit an application to the Department, on a form
			 provided by the Department, together with a copy of the proposed sublease for
			 review and approval and a non-refundable application fee of $750 payable to the
			 Department. The application, proposed sublease, and application fee must be
			 submitted to the Department no less than 60 calendar days prior to the date of
			 the proposed subletting.
(c) The
			 holder of a lease may grant a sublease to another person without prior consent
			 of the Department when:
(A) The lease
			 specifically authorizes subleasing without the Department's prior written
			 consent, or
(B) The sublease
			 authorizes use of less than the entire authorized area and the use allowed
			 under the sublease is included in the authorized use of the lease (for example,
			 the rental of boat slips).
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0305 - Lease Compensation Formulas, Methods and Annual Lease

Current through Register Vol. 63, No. 7, July 1, 2024
Compensation Adjustments
(1) The Department has established three
			 methods to determine the compensation owed for the use of state-owned submerged
			 and submersible land. For some uses, more than one method is
			 available.
(2) The three methods
			 are termed the:
(a) "Flat Rate Method" (which
			 is determined by multiplying the number of square feet of an area requested, or
			 that has been authorized, by a specific rate unique to the use).
(b) "Riparian Land Value Rate Method" (which
			 is based on a percent of the assessed value of the upland adjacent to the area
			 which has been requested, or that has been authorized).
(c) "Percent of Gross Method" (which is based
			 on the percent of the actual annual gross income received by the lessee from
			 using the area that has been requested, or that has been authorized).
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0310 - Removal of Unauthorized Structures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department is authorized to seize a
			 structure on, under or over state-owned submerged or submersible lands, if;
(a) The Department determines, after
			 providing notice and opportunity for a hearing, that the structure is an
			 abandoned structure or a derelict structure; and
(b) The owner of the structure has failed to
			 correct the problems identified in the notice within 20 days or a longer
			 reasonable time as specified in the notice or within any additional time that
			 may be granted by the department.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0311 - Submerged Lands Enhancement Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Submerged Lands Enhancement Fund
			 (fund) is a fund established in the State Treasury separate from the General
			 Fund. Interest earned by the Submerged
Lands Enhancement Fund shall be credited to the fund. Moneys
				out of the fund are intended to be used to enhance, improve or protect
				state-owned submerged and submersible lands.
(2) The fund shall consist of:
(a) Moneys recovered by the Department for
			 payments made from the fund from the owner of an abandoned or derelict
			 structure.
(b) Up to 20 percent of
			 the revenue collected by the Department per biennium pursuant to the
			 Department's granting of leases, easements, registrations, and other
			 permissions to use or occupy state-owned submerged or submersible lands.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0312 - Grant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
Eligibility Requirements: The Department may use moneys in the
				fund to provide funding to the following entities to assist the Department in
				completing any of the management or enhancement activities on state owned
				submerged or submersible land provided for in subsection (3) above;
(1) State agency,
(2) County,
(3) City,
(4) Water improvement district,
(5) Watershed council,
(6) Park and recreation district,
(7) Port district,
(8) Federal recognized Indian tribe, or
(9) Non-profit organization.
Stat. Auth.: ORS 183, 273, 274
Stats. Implemented: ORS
				  274
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0313 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
Application Requirements:
(1) Depending on availability of funds, the
			 Department shall periodically solicit applications for requesting moneys from
			 the Submerged Lands Enhancement fund for eligible activities.
(2) Entities are limited to those identified
			 in OAR
			 141-082-0312.
			 Applications must be submitted to the Department consistent with these rules
			 and by the deadline established by the Department.
(3) Applications for funding shall be
			 submitted using forms provided by the Department and provide the following
			 information;
(a) Applicant name and contact
			 information.
(b) Participating
			 partners, if any.
(c) Project
			 name.
(d) Detailed description of
			 purpose and need for project.
(e)
			 Relevancy to protect Public Trust Values (recreation, commerce, fisheries and
			 navigation).
(f) Project location.
(g) Local jurisdiction approval.
(h) Project schedule including
			 times of project beginning and completion.
(i) Amount of funding requested.
(j) Itemized budget.
(k) Confirmation of contributing
			 match.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0314 - Application Review and Project Evaluation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall use an application
			 review team to assist in the review and evaluation of eligible projects,
			 prioritize funding requests and recommend funding allocation. Members of the
			 review team may include, but are not limited to:
(a) Oregon Department of Fish and Wildlife,
(b) Oregon Department of
			 Environmental Quality
(c) Oregon
			 Marine Board
(d) Non-Profit
			 Organization
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0315 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 unauthorized use of state-owned land managed by the Department constitutes a
			 trespass.
(2) In addition to any
			 other penalty or sanction provided by law, the Director may assess a civil
			 penalty of not less than $50 per day, and not more than $1,000 per day of
			 violation of any provision of these rules or ORS 274 that occurs on state-owned
			 submerged and submersible lands pursuant to ORS
			 274.992.
(3) The Director shall give written notice of
			 a civil penalty incurred under OAR 141-082-0315(2)  by registered or certified
			 mail to the person incurring the penalty. The notice shall include, but not be
			 limited to the following:
(a) The particular
			 section of the statute, rule, or written authorization involved;
(b) A short and clear statement of the matter
			 asserted or charged;
(c) A
			 statement of the party's right to request a hearing within 20 calendar days of
			 the date of service of the notice;
(d) The time allowed to correct a violation;
			 and
(e) A statement of the amount
			 of civil penalty which may be assessed and terms and conditions of payment if
			 the violation is not corrected within the time period stated.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0320 - Registration of Structures and Uses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Structures and uses subject to
			 registration under this section are set forth in OAR
			 141-082-0265(3).
(2) The Director may determine that other
			 structures and uses similar to those specified in OAR
			 141-082-0265(3)
 
			 are also subject to registration and the rules governing registrable structures
			 and uses. If the Director determines that a structure or use is registrable,
			 s/he shall assign an appropriate fee.
(3) A person who fails to apply for and
			 obtain a registration, or who fails to renew an expired registration, for a
			 structure or use subject to a registration under these rules is in trespass and
			 subject to the civil penalties provided in OAR
			 141-082-0315.
Stat. Auth.: ORS 183, 273, 274
Stats. Implemented: ORS
				  274
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0325 - Registration Requirements and Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All persons:
(a) Owning or placing structures on, or using
			 state-owned submerged and submersible land in a way that is subject to
			 registration under these rules must register the structure or use with the
			 Department.
(b) Changing the
			 location of a registered structure or use must notify the Department in writing
			 90 calendar days prior to such placement, or change in location.
(c) Making any modifications, including a
			 change in size of the registered structure or a change in the registered use
			 must notify the Department 90 calendar days prior to making such a
			 modification.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0330 - Registration Terms and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A registration issued by the Department
			 shall be for a term of five years for all structures and uses.
(2) Unless otherwise prohibited by law, any
			 registered structure or use in compliance with these rules may be repaired or
			 replaced in a manner consistent with the requirements of OAR
			 141-082-0325,
			 and remain authorized under the original registration issued by the Department.
			 However, any person making such repairs to a structure that changes its use or
			 the area it occupies, or who replaces a structure entirely, must notify the
			 Department in writing within 90 calendar days of making such repairs or
			 replacement as a condition of the registration.
(3) The Department must be notified in
			 writing of any:
(a) Change in the location or
			 size of a registered structure or use 90 calendar days prior to such change;
(b) Change in ownership of a
			 registered structure or use as a result of a sale or conveyance within 90
			 calendar days of the transfer of ownership.
(c) Change in ownership by operation of law
			 resulting from a bankruptcy, foreclosure, estate settlement, or the like within
			 30 calendar days of the final settlement or decision. Failure to notify the
			 Department of a change in the location, size, or the ownership of, a registered
			 structure or use within the time provided shall result in the automatic
			 termination of the registration.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0335 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in OAR
			 141-082-0335(2),
			 the fee for a registration is as follows:
(a)
			 $250 on and after January 1, 2017 for a dock/float or boat house 1,000 square
			 feet or less in size (measurement excludes calculation of associated gangways,
			 dolphins, pilings and protective booms); and any boat ramp not associated with
			 another authorized waterway structure.
(b) $500 on and after January 1, 2017 for a
			 dock/float or boat house from 1,001 square feet to 2,000 square feet in size
			 (measurement excludes calculation of associated gangways, dolphins, pilings and
			 protective booms).
(c) $600 on and
			 after January 1, 2017 for a dock/float or boat house from 2,001 square feet to
			 2,500 square feet in size. Measurement excludes calculation of associated
			 gangways, dolphins, pilings and protective booms.
(d) $700 on and after January 1, 2017 for a
			 floating recreational cabin. Measurement excludes calculation of pilings,
			 dolphins, mooring buoys, and protective booms.
(e) $250 on and after January 1, 2017 for a
			 water sport structure, pilings, or a boat ramp not associated with another
			 authorized waterway structure.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 82 - RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND › Section 141-082-0340 - Appeals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An applicant
			 for an authorization, or any other person adversely affected by a decision by
			 the Department concerning an authorization, closure of, or restriction to the
			 use of state-owned submerged and submersible land may appeal the decision to
			 the Director.
(a) Such an appeal must be
			 received by the Director no later than 30 calendar days after the delivery of
			 the decision.
(b) The Director
			 shall decide the appeal within 60 calendar days after the date of delivery of
			 the appeal.
(c) The Director may
			 affirm the decision, issue a new or modified decision, or request the appellant
			 to submit additional information to support the appeal.
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 141-083-0800 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
These rules:
(1)
			 Govern the granting and renewal of easements for fiber optic and other cables
			 on state-owned submerged and submersible land within the Territorial
			 Sea.
(2) Establish a process for
			 authorizing easements for such cables.
(3) Supersede any provisions contained in OAR
			 141-083-0010 through 141-083-0700 relating to fiber optic and other cables
			 within the Territorial Sea.
(4) Do
			 not apply to landing structures or other equipment related or connected to the
			 cable placed on state-owned upland. Such uses are governed by, and require
			 forms of authorization stipulated in other agency rules.
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
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 141-083-0810 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The placement
			 of fiber optic and other cables on state-owned land within the Territorial Sea
			 is recognized by the Division as a conditionally allowable use of that land,
			 subject to and consistent with the requirements and provisions of applicable
			 international treaties (for example, the Convention for the Protection of
			 Submarine Cables of 1884; the Convention of the High Seas of April 1958; the
			 Convention on the Continental Shelf of April 1958; and the Submarine Cable Act)
			 and other applicable federal, state, and local laws.
(2) The State Land Board, through the
			 Division, has a constitutional responsibility to manage "the lands 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" pursuant to Article VIII, Section 5(2) of the
			 Oregon Constitution.
(3) The
			 Division shall manage state-owned submerged and submersible land, including
			 that within the Territorial Sea, to ensure the collective rights of the public
			 to fully use and enjoy this resource for commerce, navigation, fishing,
			 recreation, and other related public purposes consistent with applicable
			 federal and state laws.
(4)
			 Easements for cables shall be located so as to:
(a) Protect the public trust values of
			 commerce (including fiber optic and other cable transmissions), navigation,
			 fishing, and recreation;
(b)
			 Conserve living marine and other seabed resources; and
(c) Avoid or reduce conflicts with other
			 ocean users and industries.
(d)
			 Comply with all applicable local, state, and federal laws including Statewide
			 Planning Goal 19.
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 141-083-0820 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Cable" means a
			 conductor of electricity or light with insulation or a combination of
			 conductors insulated from one another.
(2) "Cable Easement" is an authorization
			 issued by the Division designating the route where a cable is to be laid on
			 state-owned submerged and submersible land within the Territorial Sea. A cable
			 easement does not grant any other proprietary or other rights of use to the
			 holder.
(3) "Director" means the
			 Director of the Division of State Lands.
(4) "Division" means the Division of State
			 Lands.
(5) "Fiber Optic Cable"
			 means an insulated and often armored cable used to transmit telecommunications
			 through glass fibers using pulses of light.
(6) "Goal 19" is the Statewide Planning Goal
			 to conserve the long-term values, benefits, and natural resources of the
			 nearshore ocean and the Continental Shelf.
(7) "Landing" means the site on shore where a
			 fiber optic or other cable is attached to land-based cable(s). A landing may
			 consist of a beach manhole, receiving building, and associated equipment. If
			 the landing is located on state-owned upland, additional authorization(s) shall
			 be obtained from the Division or other land-owning agency (for example, Oregon
			 State Parks) as well as other required approvals from state and local
			 government agencies.
(8) "Ocean
			 Policy Advisory Council" or "OPAC" has the same meaning as provided in ORS
			 196.438.
(9) "Ocean Users" include, but are not
			 limited to persons using the Territorial Sea for commerce, navigation, fishing
			 and recreation.
(10) "Person" is
			 an individual at least eighteen (18) years old, a political subdivision or
			 public agency, or any corporation, association, firm, partnership, joint stock
			 company, or quasi-public corporation registered to do business in the State of
			 Oregon.
(11) "Territorial Sea" has
			 the same meaning as provided in ORS
			 196.405(6). It
			 includes the waters and seabed extending three geographical miles seaward from
			 the line of mean low water seaward to the extent of state
			 jurisdiction.
(12) "Territorial Sea
			 Management Plan" has the same meaning as provided in ORS
			 196.405(7). It
			 is the plan for managing Oregon's Territorial Sea and ocean shore as required
			 under ORS 196.405 through
			 196.580.
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
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 141-083-0830 - Cable Easement Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person wanting to place a cable in
			 the Territorial Sea shall obtain an easement from the Division, and approval by
			 the Land Board.
(2) Unless
			 otherwise allowed by the Director, a fully completed application for an
			 easement shall be submitted to the Division at least one-hundred and eighty
			 (180) days prior to placement of any part of the cable or construction of any
			 associated landing-related facility or equipment on state-owned submerged and
			 submersible land within the Territorial Sea. Each application for a cable
			 easement shall be accompanied by a non-refundable application processing fee
			 payable to the Division in the amount indicated in OAR 141-083-0830(3)  of these
			 rules.
(3) Each application for a
			 cable easement crossing the Territorial Sea shall be accompanied by a
			 non-refundable deposit payable to the Division in the amount of five thousand
			 dollars ($5,000).
(4) Should the
			 Division, in consultation with the applicant and other interested parties,
			 determine that it is necessary to conduct environmental or other studies
			 necessary to assist in evaluating the project's compliance with the
			 requirements of Statewide Planning Goal 19 and the Territorial Sea Management
			 Plan, the applicant shall be directly responsible for retaining and paying for
			 the requisite studies.
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
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 141-083-0850 - Cable Easement Terms and Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All cable easements issued under these
			 rules shall require approval by the State Land Board.
(2) Easement applicants may be required to
			 obtain a surety bond to ensure that they will perform in accordance with all
			 terms and conditions of the easement. The surety bond amount shall be
			 determined by the Division. A cash deposit or certificate of deposit in an
			 amount equal to the amount required for a surety bond and which names the State
			 of Oregon as co-owner may be substituted in lieu of a bond.
(3) A cable easement issued by the Division
			 shall be valid for an initial term of twenty (20) years, and may be renewed at
			 the holder's option for an additional twenty (20) year term upon application to
			 the Division.
(4) All cables are to
			 be buried using the best available proven technology whenever Territorial Sea
			 bottom conditions permit to a sufficient depth to minimize conflicts with other
			 ocean users and industries and recognizing the potential need to retrieve the
			 cable for repair or removal.
(5)
			 The Division shall be notified in writing by the easement holder at least
			 ninety (90) days:
(a) Prior to any
			 pre-planned change in the location of the cable.
(b) Prior to any change in ownership of the
			 cable.
(c) After the discovery of
			 any change in the location of the cable resulting from accidental contact or
			 geologic or other natural causes.
(d) Prior to any abandonment or termination
			 of use of the cable.
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 141-083-0860 - Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to any other penalties provided or permitted by
				law, the placement of any cable or related structure on state-owned land
				without an easement or otherwise not in compliance with these rules shall
				constitute a trespass, and be prosecuted pursuant to governing
				law.
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
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 141-083-0870 - Reconsideration of Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 easement applicant or any other person adversely affected by the issuance or
			 denial of a fiber optic cable or other cable easement on state-owned submerged
			 and submersible land within the Territorial Sea may request that the Land Board
			 reconsider the decision.
(a) Such a request
			 shall be received by the Director no later than thirty (30) calendar days after
			 the delivery of the decision.
(b)
			 The Director shall review the request within sixty (60) calendar days after the
			 date of delivery of the request.
(c) The Director may recommend to the Land
			 Board either that the easement issuance or denial be modified based on the
			 merits of the request, or that the Land Board authorize initiation of a
			 contested case proceeding.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0500 - General

Current through Register Vol. 63, No. 7, July 1, 2024
Where headings, special fonts or double-spacing are used, they
				are for the convenience of the user only and have no substantive
				effect.
Stat. Auth.: ORS
				  196.825 &
				  196.600 -
				  196.692
Stats. Implemented: ORS
				  196.600 -
				  196.692 &
				  196.800 -
				  196.990
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0506 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) General Policy
			 on Removal-Fill. No authorization to place fill or remove material from the
			 waters of this state may:
(a) Interfere with
			 the paramount policy of this state to preserve the use of its waters for
			 navigation, fishing and public recreation uses; or
(b) Be inconsistent with the protection,
			 preservation and best use of the water resources of this state.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0510 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions are used in addition to those in ORS
				196.600 to
				196.990.
(1) "
Applicant
" means a
			 landowner, a person authorized by a landowner to conduct a removal or fill
			 activity, or a person that proposes a removal or fill activity for construction
			 or maintenance of a linear facility.
(2) "
Aquatic Life and Habitats
"
			 means the aquatic environment including all fish, wildlife, amphibians, plants
			 and other biota dependent upon environments created and supported by the waters
			 of this state. Aquatic life includes communities and species populations that
			 are adapted to aquatic habitats for at least a portion of their life.
(3) "
Aquatic Resources of Special
			 Concern
" means waters of this state that provide functions, values and
			 habitats that are limited in quantity because they are naturally rare or have
			 been disproportionately lost due to prior impacts. These include alkali
			 wetlands and lakes, bogs, cold water habitat, fens, hot springs, interdunal
			 wetlands, kelp beds, mature forested wetlands, native eelgrass beds,
			 off-channel habitats (alcoves and side channels), ultramafic soil wetlands,
			 vernal pools, wet prairies, wooded tidal wetlands, and others as determined by
			 the Department.
(4)
			 "
Artificial Means
" means the purposeful movement or placement of
			 material by humans and/or their machines.
(5) "
Authorization
" means an
			 individual permit, general authorization, general permit or emergency
			 authorization.
(6) "
Bankfull
			 Stage
" means the two-year recurrence interval flood elevation.
(7) "
Baseline Conditions
" means
			 the ecological conditions, wetland functions and values and the soils and
			 hydrological characteristics present at a site before any change by the
			 applicant is made.
(8)
			 "
Basin
" means one of the eighteen (18) Oregon drainage basins
			 identified by the Oregon Water Resources Department as shown on maps published
			 by that agency.
(9)
			 "
Beds
" means:
(a) For the purpose
			 of OAR 141-089, the land within the wet perimeter and any adjacent
			 non-vegetated dry gravel bar; and
(b) For all other purposes, "beds" means that
			 portion of a waterway that carries water when water is present.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0520 - Removal-Fill Jurisdiction by Volume of Material

Current through Register Vol. 63, No. 7, July 1, 2024
The following criteria are used to determine jurisdictional
				volume thresholds that trigger the requirement for an authorization.
(1)
Oregon State Scenic Waterways
			 (SSWs).
The threshold volume is any amount greater than zero.
(2)
Essential Indigenous Anadromous
			 Salmonid Habitat (ESH
). The threshold volume is any amount greater than
			 zero.
(3)
Compensatory
			 Mitigation Sites
. The threshold volume is any amount greater than zero
			 for compensatory mitigation sites referenced in an authorization.
(4)
Ocean Renewable Energy
			 Facilities.
The threshold volume for removal-fill in Oregon's
			 territorial sea that is related to an ocean renewable energy facility is any
			 amount greater than zero.
(5)
All Other Waters of This State
.
(a) For fill activities, any combination of
			 either organic or inorganic material deposited by artificial means at any one
			 location in waters of this state equal to or exceeding 50 cubic yards or the
			 equivalent weight in tons; and
(b)
			 For removal activities, the taking or movement by artificial means of more than
			 50 cubic yards of inorganic material or large woody debris, or the equivalent
			 weight in tons in any calendar year.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0525 - Measuring and Calculating Volume of Removal and Fill

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Calculating Removal Volume. Removal
			 volume for all waters includes the full extent of the excavation or movement
			 within the jurisdictional areas.
(2) Calculating Fill Volume. For waters other
			 than wetlands, fill volume is measured to the ordinary high water line (OHWL)
			 or the highest measured tide (HMT). For wetlands, fill volume is measured to
			 the height of the fill, excluding buildings.
(3) Calculating Volume for Channel
			 Relocation. When calculating the volume for channel relocation, the threshold
			 is met considering either:
(a) The volume of
			 material removed to construct the new channel up to OHWL; or
(b) The volume that would be required to
			 completely fill the old channel to the OHWL or HMT.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0530 - Exemptions for Certain Activities and Structures

Current through Register Vol. 63, No. 7, July 1, 2024
These exemptions apply in all waters of this state except State
				Scenic Waterways.
(1) State Forest
			 Management Practices. Non-federal forest management practices subject to
			 Oregon's Forest Practices Act conducted in any non-navigable water of this
			 state are exempt. When these forestlands are being converted to other uses the
			 exemption does not apply to the activities associated with the new use. Forest
			 management practices must be directly connected with a forest management
			 practice conducted in accordance with ORS
			 527.610 through
			 527.770,
			 527.990 and
			 527.992, such as:
(a) Reforestation;
(b) Road construction and
			 maintenance;
(c) Harvesting of
			 forest tree species; and
(d)
			 Disposal of slash.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0534 - Exemptions for Certain Voluntary Habitat Restoration Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Definitions.
			 For the purposes of this rule:
(a) "Habitat
			 Restoration" means the return of an ecosystem from a disturbed or altered
			 condition to a close approximation of its ecological condition prior to
			 disturbance.
(b) "Voluntary" means
			 activities undertaken by a person of their own free will, and not as a result
			 of any legal requirement of the Removal-fill Law (ORS
			 196.600-196.990).
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0535 - Exemptions Specific to Agricultural Activities

Current through Register Vol. 63, No. 7, July 1, 2024
These exemptions apply in all waters of this state except State
				Scenic Waterways.
(1) Exemptions Do
			 Not Apply to Nonfarm Uses. The exemptions under OAR 141-085-0535(2) and (3)  do
			 not apply to any fill or removal that involves changing an area of wetlands to
			 a nonfarm use.
(2) Normal Farming
			 and Ranching Activities on Converted Wetlands. "Converted Wetlands" are defined
			 under OAR 141-085-0510. Exempt activities on converted wetlands include:
(a) Plowing;
(b) Grazing;
(c) Seeding;
(d) Planting;
(e) Cultivating;
(f) Conventional crop rotation; and
(g) Harvesting.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0540 - Types of Authorizations

Current through Register Vol. 63, No. 7, July 1, 2024
One of the following types of authorizations is required for
				regulated activities in waters of this state.
(1) Individual Permits. IPs are issued for
			 projects that do not qualify for other types of authorizations.
(2) General Authorizations. GAs are adopted
			 by rule for a category of activities that have minimal impacts to waters of
			 this state (OAR 141-089).
(3)
			 General Permits.
(a) GPs are issued by rule on
			 a statewide or geographic basis; or
(b) By order for an applicant or group of
			 applicants to cover activities that are substantially similar in nature, are
			 recurring or ongoing, and have predictable effects and outcomes.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0545 - Fees; Amounts and Disposition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Disposition of Fees. All applications
			 that require a fee, except for an emergency authorization, must include the fee
			 at the time of application.
(2)
			 Project Applications that Require a Fee. Except as provided in Section (3) of
			 this rule, the following types of projects require a fee for a complete
			 application:
(a) Individual Permit and General
			 Permit applications that require a fee, must be accompanied by the applicable
			 base fee and volume fee in accordance with the current fee schedule;
(b) General Authorization notifications which
			 require a fee under OAR 141-089-0635, must be accompanied by the flat fee when
			 the proposed removal-fill activity is 50 cubic yards or more; and
(c) Emergency Authorization holders, except
			 for erosion or flood repair, must submit the required fee to the Department
			 within 45 calendar days of receiving the authorization.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0555 - Individual Removal-Fill Permit Application Review Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Completeness Review. Within 30 calendar
			 days of the receipt of an application, the Department will review the
			 application to determine if it is complete and adequately addresses the
			 application requirements.
(2)
			 Notification of Completeness Determination. Following the completeness review,
			 the Department will inform the applicant of one of the following findings:
(a) The application is complete and will
			 proceed to the public review process;
(b) The application is incomplete because of
			 certain deficiencies; or
(c) The
			 project does not require an authorization from the Department (no state permit
			 required).
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0560 - Public Review Process for Individual Removal - Fill Permit Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Circulation of the Application for Public Review
. Once the
			 application has been deemed complete and sufficient, the Department will
			 provide notification of the availability of the application for review either
			 by U.S. mail or electronically (e.g., facsimile, e-mail, posting on the
			 Internet) to adjacent property owners, watershed councils, public interest
			 groups, affected local government land use planning departments, state
			 agencies, federal agencies and tribal governments in the geographic area
			 affected by the permit. For construction and maintenance of linear facilities,
			 landowners identified in the application will be notified by U.S. mail or
			 electronically that the application is available for review. Upon request the
			 Department may make a copy of the application available at the public library
			 closest to the proposed project.
(2)
Copies of the Application by
			 Request
. The Department will furnish to any member of the public, upon
			 written request and at the expense of the member of the public, a printed copy
			 of any application.
(3)
Submitting Public Comments
. To be considered by the Department and
			 to become part of the permit record, all comments must be sent to the
			 destination specified in the notification or submitted through the Web site.
			 All recommendations and comments regarding the application must be submitted in
			 writing to the Department within the period established by the Department, but
			 not more than 30 calendar days from the date of the notice, except as noted
			 under Subsection (a), below:
(a) The
			 Department will grant an extension of up to 75 calendar days to the Department
			 of Environmental Quality if the application requires Section 401 certification
			 under the Federal Water Pollution Control Act (
			 P.L.
			 92-500) as amended.
(b) If a commenter fails to comment on the
			 application within the comment period, the Department will assume the commenter
			 has no objection to the project.
Oregon Administrative Rules › Chapter 141 - DEPARTMENT OF STATE LANDS › Division 85 - ADMINISTRATIVE RULES GOVERNING THE ISSUANCE AND ENFORCEMENT OF REMOVAL-FILL AUTHORIZATIONS WITHIN WATERS OF OREGON INCLUDING WETLANDS › Section 141-085-0565 - Department Determinations and Considerations in Evaluating Individual Permit Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Departmental Final Review
. The Department will evaluate the
			 information provided in the application, conduct its own investigation, and
			 consider the comments submitted during the public review process to determine
			 whether or not to issue an individual removal-fill permit.
(2)
Effective Date of Review
			 Standards
. The Department may consider only standards and criteria in
			 effect on the date the Department receives the complete application or renewal
			 request.
(3)
Department
			 Determinations
. The Department will issue a permit if it determines the
			 project described in the application:
(a) Has
			 independent utility;
(b) Is
			 consistent with the protection, conservation and best use of the water
			 resources of this state as specified in ORS
			 196.600 to
			 196.990; and
(c) Would not unreasonably interfere with the
			 paramount policy of this state to preserve the use of its waters for
			 navigation, fishing and public recreation, when the project is on state-owned
			 lands.