Oregon Administrative Code

141-142-0040 Redfish Rocks Marine Protected Area (1) All state-owned submerged and submersible land bounded by the following points is within the Redfish Rocks Marine Protected Area: (a) Beginning from a point at Latitude 42° 41.16' (42° 41' 9.6" N), Longitude -124° 28.86' (124° …

141-142-0045 Cape Perpetua Marine Reserve I (1) All state-owned submerged and submersible land bounded by the following points is within the Cape Perpetua Marine Reserve I: (a) Beginning from a point at Latitude 44° 17.00' (44° 17' 0" N), Longitude -124° 6.73' (124° 6' 42" W) (Po…

141-142-0050 Cape Perpetua North Marine Protected Area (1) All state-owned submerged and submersible land bounded by the following points is within the Cape Perpetua North Marine Protected Area: (a) Beginning from a point at Latitude 44° 17.00' (44° 17' 0" N), Longitude -124° 6.7…

141-142-0055 Cape Perpetua South-East Marine Protected Area (1) All state-owned submerged and submersible land bounded by the following points is within the Cape Perpetua South-East Marine Protected Area: (a) Beginning from a point at Latitude 44° 13.50' (44° 13' 30" N), Longitud…

141-142-0060 Cape Perpetua Seabird Protection Area (1) All state-owned submerged and submersible land bounded by the following points is within the Cape Perpetua Seabird Protection Area: (a) Beginning from a point at Latitude 44° 13.50' (44° 13' 30" N), Longitude -124° 11.00' (12…

141-142-0065 Cascade Head Marine Reserve (1) All state-owned submerged and submersible land bounded by the following points is within the Cascade Head Marine Reserve: (a) Beginning from a point at Latitude 45° 2.00' (45° 2' 0" N), Longitude -124° 0.52' (124° 0' 31.2" W) (Point A)…

141-142-0070 Cascade Head North Marine Protected Area (1) All state-owned submerged and submersible land bounded by the following points is within the Cascade Head North Marine Protected Area: (a) Beginning from a point at Latitude 45° 2.00' (45° 2' 0" N), Longitude -124° 5.00' (…

141-142-0075 Cascade Head South Marine Protected Area (1) All state-owned submerged and submersible land bounded by the following points is within the Cascade Head South Marine Protected Area: (a) Beginning from a point at Latitude 44° 56.50' (45° 56' 30" N), Longitude -124° 1.47…

141-142-0080 Cascade Head West Marine Protected Area (1) All state-owned submerged and submersible land bounded by the following points is within the Cascade Head West Marine Protected Area: (a) Beginning from a point at Latitude 45° 2.00' (45° 2' 0" N), Longitude -124° 5.00' (12…

141-142-0085 Cape Falcon Marine Reserve (1) All state-owned submerged and submersible land bounded by the following points is within the Cape Falcon Marine Reserve: (a) Beginning from a point at Latitude 45° 48.00' (45° 48' 0" N), Longitude -123° 58.10' (123° 58' 6" W) (Point A);…

141-142-0090 Cape Falcon West Marine Protected Area (1) All state-owned submerged and submersible land bounded by the following points is within the Cape Falcon West Marine Protected Area: (a) Beginning from a point at Latitude 45° 48.00' (45° 48' 0" N), Longitude -124° 1.50' (12…

141-142-0095 Cape Falcon Shoreside Marine Protected Area (1) All state-owned submerged and submersible land bounded by the following points is within the Cape Falcon Shoreside Marine Protected Area: (a) Beginning from a point at Latitude 45° 48.00' (45° 48' 0" N), Longitude -123°…

141-142-0100 Blacklock Point Marine Conservation Area All state-owned submerged and submersible land in the coastal area of Floras Lake State Natural Area between Langlois and Port Orford is within the Blacklock Point Marine Conservation Area. Statutory/Other Authority: ORS 196.5…

141-142-0105 Boiler Bay Marine Research Area All state-owned submerged and submersible land in the intertidal area between the mouth of Fogarty Creek and the westernmost tip of Government Point at Boiler Bay State Wayside is within the Boiler Bay Marine Research Area. Statutory/O…

141-142-0110 Brookings Marine Research Area I All state-owned submerged and submersible land in the intertidal area between a point 1/2 mile north of Harris Beach State Park and the mouth of the Chetco River, except the area within the Harris Beach Marine Garden, is within the Br…

141-142-0115 Cape Arago Marine Research Area A All state-owned submerged and submersible land between a line projected due west from Cape Arago lighthouse and the southern tip of Norton Gulch is within the Cape Arago Marine Research Area A. Statutory/Other Authority: ORS 196.555 …

141-142-0120 Cape Arago Marine Research Area B All state-owned submerged and submersible land between the southern tip of Norton Gulch and Simpson Reef Overlook is within the Cape Arago Marine Research Area B. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Other Im…

141-142-0125 Cape Arago Marine Research Area C All state-owned submerged and submersible land between Simpson Reef Overlook and a point ¾ of a mile south of Cape Arago State Park is within the Cape Arago Marine Research Area C. Statutory/Other Authority: ORS 196.555 & ORS 273.045…

141-142-0130 Cape Blanco Marine Research Area All state-owned submerged and submersible land in the intertidal area along the north and south sides of Cape Blanco extending seaward to encompass all rock along the headland up to the sand beaches of the north and south sides of the…

141-142-0135 Cape Foulweather Complex Marine Conservation Area All state-owned submerged and submersible land starting 12 miles north of Newport and extending to 1.5 miles south of Depoe Bay, encompassing 1.9 miles of shoreline, is within the Cape Foulweather Complex Marine Conse…

141-142-0140 Cape Kiwanda Marine Garden All state-owned submerged and submersible land in the intertidal area between the north and south sides of Cape Kiwanda, including the rocky areas abutting the sand beaches on the north and south sides of the headland, is within the Cape Ki…

141-142-0145 Cape Lookout Marine Conservation Area All state-owned submerged and submersible land beginning from the west-facing sand beach 880 yards north of Rover Creek and extending west along the Cape's south flank, around the tip, then east along the north flank for 1,425 ya…

141-142-0150 Chapman Point Marine Garden All state-owned submerged and submersible land encompassing the shoreline around Chapman Pt, extending 194 yards north and 211 yards south of the tip of Chapman Pt (perpendicular to West 7th St. beach access), and extending out seaward to …

141-142-0155 Coquille Point Marine Garden All state-owned submerged and submersible land in the intertidal area between a line perpendicular to the shore from the 8th St. beach access point and a line perpendicular to shore from the Coquille Point beach access staircase is within…

141-142-0160 Ecola Point Marine Conservation Area All state-owned submerged and submersible land encompassing the shoreline and ocean along the headland from 194 yards northeast of the tip of Bald Point to 176 yards north of Waterfall Creek to the south, including all beaches and…

141-142-0165 Fogarty Creek Marine Conservation Area (1) All state-owned submerged and submersible land further described below is within the Fogarty Creek Marine Conservation Area: (a) The intertidal and subtidal zones between the southern flank of Fishing Rock and the southern f…

141-142-0170 Gregory Point Marine Research Area (1) All state-owned submerged and submersible land bounded by the following points is within the Gregory Point Marine Research Area: (a) Beginning from a point at Latitude 43° 20.312’ (43° 20’ 19” N), Longitude -124° 22.838’ (124° 2…

141-142-0175 Harris Beach Marine Garden All state-owned submerged and submersible land between a line perpendicular to shore from the Harris Beach State Park beach access parking area and a line perpendicular to shore from the road entrance to Harris Beach State Park off Highway …

141-142-0180 Haystack Rock Marine Garden All state-owned submerged and submersible land within a 300-yard radius around the base of Haystack Rock (Cannon Beach), including all tidepools and beaches between extreme high and low tides, is within the Haystack Rock Marine Garden. Sta…

141-142-0185 Neptune State Park Marine Research Area All state-owned submerged and submersible land in the intertidal area between the northerly and southerly boundaries of Neptune State Park is within the Neptune State Park Marine Research Area. Statutory/Other Authority: ORS 19…

141-142-0190 Pirate Cove Marine Research Area (1) All state-owned submerged and submersible land East of a line drawn across the mouth of Pirate Cove, and defined by the following points is within the Pirate Cove Marine Research Area: (a) Beginning from a point at Latitude 44° 49…

141-142-0195 Whale Cove Marine Conservation Area (1) All state-owned submerged and submersible land East of a line drawn across the mouth of Whale Cove, and defined by the following points, is within the Whale Cove Marine Conservation Area: (a) Beginning from a point at Latitude …

141-142-0200 Yachats Marine Garden All state-owned submerged and submersible land in the intertidal area between the north and south boundaries of Yachats State Park is within the Yachats Marine Garden. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Other Implement…

141-142-0205 Yaquina Head Marine Garden All state-owned submerged and submersible land in the intertidal area along the north and south sides of Yaquina Head, including rocky areas abutting the sandy beaches along the headland, is within the Yaquina Head Marine Garden. Statutory/…

141-142-0210 Otter Rock Marine Garden All state-owned submerged and submersible land in the intertidal area between the highest point at Cape Foulweather and Devils Punchbowl is within the Otter Rock Marine Garden. Statutory/Other Authority: ORS 196.555 & ORS 273.045 Statutes/Oth…

141-142-0215 Cape Perpetua Marine Garden All state-owned submerged and submersible land in the intertidal area between the north side of Devils Churn and the north boundary of Neptune State Park is within the Cape Perpetua Marine Garden. Statutory/Other Authority: ORS 196.555 & O…

141-145-0000 Purpose and Applicability (1) These rules: (a) Govern the granting and renewal of access authorizations, leases, and easements issued to facilitate remediation conducted pursuant to an order issued by the Oregon Department of Environmental Quality (ODEQ) or the Unite…

141-145-0005 Definitions As used in these rules: (1) “Access Authorization” is a written authorization issued by the Department for a specific length of time determined by the Director that allows access to state land for remediation or habitat restoration activities. (2) “Applic…

141-145-0010 General Provisions (1) All tidally influenced and title navigable waterways (referred to as state-owned submerged and submersible land) have been placed by the Oregon State Legislature under the jurisdiction of the State Land Board and the Department, as the administ…

141-145-0015 Types of Authorizations (1) Access Authorization: Uses of state-owned submerged and submersible land for a term less than three (3) years, for purposes of, including but not limited to: (a) Site monitoring; (b) Habitat restoration; (c) Environmental dredging; (d) Mon…

141-145-0020 Pre-Application Requirements Prospective applicants for an easement, conservation easement, or lease shall meet with Department staff to discuss the proposed project and use before submitting an application to the Department. This meeting may be in person or through …

141-145-0025 Application Requirements for an Access Authorization, Lease or Easement (1) Any person wanting to use state-owned submerged and submersible land for a use that is subject to an access authorization, lease or easement must, using a form provided by the Department, app…

141-145-0030 Access Authorization and Easement Application Review and Approval Process (1) Upon receipt of an application to use state-owned submerged and submersible land, the Department will review it to determine if it is complete. If the application is complete and the use is…

141-145-0035 Lease Application Review and Approval Process (1) An application for a lease shall meet the provisions of OAR 141-145-0030. (2) Pursuant to ORS 274.040, a preference right to lease state-owned submerged and submersible lands must be offered to the adjacent riparian p…

141-145-0040 General Terms and Conditions (1) The following terms and conditions apply for authorizations administered under these rules. (a) Authorizations issued by the Department will be for the minimum area determined to be required for the requested use. (b) The Department m…

141-145-0045 Insurance and Bond (1) The Department may require the holder to obtain insurance in specified types and amounts if the Department determines that the proposed use presents a potential risk to other uses, to public trust uses, to public health, welfare, safety, the en…

141-145-0050 Special Conditions for a Soil or Sediment Cap (1) The holder of an authorization for a soil or sediment cap must maintain cost estimates of the amount of financial assurance that is necessary for the purposes below, and demonstrate to the Department’s satisfaction th…

141-145-0055 Renewal of Authorizations (1) Access authorizations and leases are eligible for renewal. (2) The holder of an access authorization may renew for one (1) additional term. (3) The holder of a lease may renew for additional terms. (4) The holder of an easement may apply…

141-145-0060 Compensation (1) The compensation for an authorization for remediation necessitated by operations at an orphan site as determined by and under the management of the ODEQ or EPA shall be five hundred ($500) dollars. If at any point a party is located to perform or pay…

141-145-0065 Assignment of Authorizations (1) An access authorization is not assignable. (2) The holder of an easement or lease in good standing can assign its easement or lease with prior written consent of the Department. (3) To assign an easement or lease, the holder must subm…