Oregon Administrative Code

141-120-0220 Jurisdictions Not Governed by this Rule 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 j…

141-120-0230 Citation of Statutory Authority 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. Statutory/Other Authority: ORS 196.692 Statutes/Other Imple…

141-121-0000 Applicability (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: …

141-121-0010 Definitions (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 un…

141-121-0020 Request for a Navigability Study (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 informa…

141-121-0030 Process for Conducting a Navigability Study 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…

141-121-0040 Adoption of Navigability Report (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 Na…

141-122-0010 Purpose and Applicability (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…

141-122-0020 Policies (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 greates…

141-122-0030 Definitions (1) “Applicant” is any person applying for an easement. (2) “Appraised Value” means an estimate of current market value of the property (not including improvements) as of a specific date, prepared by a qualified independent appraiser in accordance with th…

141-122-0040 Easement Application Requirements (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 141-122-0…

141-122-0050 Easement Application Review and Approval Process (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. Th…

141-122-0060 Compensation (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…

141-122-0070 General Easement Terms And Conditions (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…

141-122-0080 Assignment of Easements (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 la…

141-122-0090 Termination of an Easement (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-owne…

141-122-0100 Easements Issued on Common School Forest Land (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 …

141-122-0105 Easements For Structures and Facilities Necessary for the Use of Water (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 …

141-122-0110 Unauthorized Uses and Penalties (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…

141-122-0120 Reconsideration of Decision 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 f…

141-122-0130 Enforcement Actions; Civil Penalties and Other Remedies (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 …

141-123-0010 Purpose and Applicability (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 Easemen…

141-123-0020 General Provisions (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 t…

141-123-0030 Definitions (1) “Applicant” is any person applying for an easement. (2) “Appraised Value” means an estimate of current market value of the property (not including improvements) as of a specific date, prepared by a qualified independent appraiser in accordance with th…

141-123-0040 Easement Application Requirements (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 d…

141-123-0050 Easement Application Review and Approval Process (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. Th…

141-123-0060 Compensation (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 compensa…

141-123-0070 General Easement Terms and Conditions (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…

141-123-0080 Transfer of Easements (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…

141-123-0090 Termination of an Easement (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-owne…

141-123-0100 Easements for Structures and Facilities Necessary for the Use of Water (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…

141-123-0105 Unauthorized Uses and Penalties (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…

141-123-0110 Reconsideration of Decision 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 f…

141-123-0120 Enforcement Actions; Civil Penalties and Other Remedies (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 conditio…

141-125-0100 Purpose And Applicability (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 (hereafte…

141-125-0110 Policies (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 greates…

141-125-0120 Definitions (1) “Agriculture” means the cultivation of land to grow crops or the raising of livestock. (2) “Applicant” is any person applying for a special use authorization. (3) “Appraised Value” means an estimate of the current fair market value of property derived…

141-125-0130 Application Requirements for a Lease or License (1) Any person wanting to use state-owned land for any of the purposes described in OAR 141-125-0100(2) and (3) must: (a) Apply in writing to the Department for a lease or license using a form provided by the Department…

141-125-0140 Lease or License Application Review and Approval Process (1) Upon receipt of an application for a lease or license, the Department will determine: (a) If the application is complete; (b) If the subject area is available for the requested use; (c) What method will be …

141-125-0150 Competitive Bidding Process (1) Except as provided in OAR 141-125-0110(9) and 141-125-0140(10), the Department will determine on a case-by-case basis if an area requested for a lease will be offered to the public through competitive bidding. This decision will be mad…

141-125-0160 Compensation (1) To establish the amount of annual compensation or minimum bid at auction, the Department will: (a) Adhere to the policies contained in OAR 141-125-0110(1) and (2) of these rules, and (b) Whenever practicable, base the amount on comparative compensato…

141-125-0170 General Terms and Conditions (1) The term of a special use lease will not exceed 30 years unless otherwise approved by the Director. The Department will determine the length of a lease based on the nature of the use intended for the requested site. The Department may…

141-125-0180 Insurance and Bond (1) The Department, in the exercise of its reasonable discretion, may require the holder of a special use authorization to obtain insurance in a specified amount if the use, in the opinion of the Department, constitutes a risk to public safety, or …

141-125-0190 Termination of a Special Use Lease, License or Short Term Access Authorization For Default (1) If the holder of a special use authorization fails to comply with these rules or the terms and conditions of the authorization, or otherwise violates laws governing their u…

141-125-0200 Assignment of Special Use Leases and Permits; Subleasing (1) A lease in good standing is assignable. (2) Licenses and short-term access authorizations are non-assignable. (3) To assign a lease, the lessee must submit a: (a) Notice of proposed assignment on a form pro…

141-125-0205 Short Term Access Authorization Application Requirements, Review and Approval Process (1) A short-term access authorization is required for any use of state-owned land that is not specifically governed by other Department administrative rules. Examples of types of us…

141-125-0210 Enforcement Actions; Civil Penalties and Other Remedies (1) Upon the Director’s own initiative, or in response to a complaint, the Director may investigate a suspected violation of a special use authorization or the alleged unauthorized use of state land to determine…