Title 25, Public Lands

As used in this chapter, unless the context requires otherwise: (1) “Department” means the Department of State Lands. (2) “Director” means the Director of the Department of State Lands. (3) “Line of ordinary high water” means the line on the bank or shore to which the high water …

For purposes of this chapter, when the lines of ordinary high or low water cannot be determined by survey or inspection, then such lines shall be determined by the use of the annual mean high or mean low water for the preceding year. [1967 c.421 §99]

(1) The title to the submersible and submerged lands of all navigable streams and lakes in this state now existing or which may have been in existence in 1859 when the state was admitted to the Union, or at any time since admission, and which has not become vested in any person, …

The Willamette River at mile 176.5 has been returned to its pre-1971 channel. The Legislative Assembly finds that in the interests of the state’s ownership in the bed of the Willamette River and protecting the public rights of navigation, fisheries, recreation and wildlife habita…

(1) Except as provided in ORS 274.043, in ORS 273.117 for leases of submersible lands acquired as an investment for the Common School Fund, in ORS 274.530 (1) for leases of submersible lands of less than one year’s duration, in ORS 274.530 (3) for licenses of less than three year…

(1) A privately owned float or dock occupying an area of 200 square feet or less is exempt from the leasing requirements of ORS 274.040 if: (a) The structure belongs to the immediately adjacent riparian landowner; and (b) The float or dock is uncovered, unenclosed and open on all…

(1) Nothing in ORS 274.040 prevents the Legislative Assembly from providing for regulation of the building of wharves or other improvements in any bay, harbor or inlet of this state, subject to ORS 780.060, or grants the exclusive right to any person to use the natural oyster bed…

(1) The Portland Harbor Cleanup Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Portland Harbor Cleanup Fund must be credited to the fund. The Portland Harbor Cleanup Fund consists of all moneys credited to the fund a…

As used in ORS 274.210 to 274.290, “reclamation” includes, but is not limited to, irrigation. [1969 c.594 §36]

The Department of State Lands on behalf of the State of Oregon may enter into contracts for: (1) The drainage of submersible and submerged lands adjoining or underlying any lakes, marshes or swamps in this state, or for the drainage of that part which is in this state of submersi…

(1) Any person desiring to enter into a contract to drain submersible and submerged lands under ORS 274.210 to 274.260 and reclaim such lands shall file with the Department of State Lands an application. (2) The applicant, at the expense of the applicant and without any cost or c…

(1) Upon receipt of the application, map and plan of drainage and reclamation under ORS 274.220, the Department of State Lands may require the Water Resources Director to make an investigation and report at the expense of the applicant. If the project appears feasible and desirab…

(1) Immediately upon execution of the contract, the contractor undertaking the drainage and reclamation may enter upon the lands for the purpose of reclaiming the same. (2) The Department of State Lands shall fix the amount to which the contractor is entitled for reclaiming the l…

(1) Upon failure of any parties having contracts with the state for construction of drainage and reclamation works to begin the same within the time specified by the contract, or to complete the same within the time or in accordance with the specifications of the contract, the De…

(1) The title of owners of land riparian to lakes and ponds drained under ORS 274.210 to 274.260 extends to only so much of the submersible or submerged lands adjoining or underlying such lake or pond which may be reclaimed by such drainage as is required to fill up the fractiona…

In addition to its powers under ORS 274.210 to 274.260, the Department of State Lands may cause reclamation surveys, plans and specifications to be made for the reclaiming of any unsold swamp lands and submersible lands under the control of the department. [Amended by 1967 c.421 …

The Department of State Lands may direct the Water Resources Director to submit an estimate of the probable cost of any survey, plan or specification of any contemplated reclamation project under ORS 274.280. On consideration thereof, if the department finds it to be in the inter…

(1) As used in this section: (a) “Abandoned vessel” has the meaning given that term in ORS 830.908. (b) “Derelict vessel” has the meaning given that term in ORS 830.908. (2) The Oregon Abandoned and Derelict Vessel Program is established in the Department of State Lands to: (a) A…

(1) The Oregon Abandoned and Derelict Vessel Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Abandoned and Derelict Vessel Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to…

As used in ORS 274.376 to 274.388: (1) “Abandoned structure” means a structure that has been left without authorization on, under or over state-owned submerged or submersible lands. (2) “Derelict structure” means a structure that is on, under or over state-owned submerged or subm…

(1) The Department of State Lands 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 st…

(1) Except as may otherwise be provided by the Department of State Lands by rule, the owner of an abandoned structure or derelict structure is liable to the department for all costs arising out of removal, salvage, storage and disposal of a structure seized under ORS 274.376 to 2…

The Department of State Lands shall adopt rules to carry out the provisions of ORS 274.376 to 274.388. The rules shall, at a minimum, include procedures: (1) For providing notice and opportunity for a hearing prior to the seizure of abandoned or derelict structures under ORS 274.…

(1) The Submerged Lands Enhancement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Submerged Lands Enhancement Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of…

As used in ORS 274.400 to 274.412, “board” means the State Land Board. [1995 c.471 §2]

(1) The State Land Board has exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterways on behalf of the State of Oregon. (2) The board shall not in any manner assert title to submerged or submersible lands in any waterway in this state unless…

(1) On or before July 1, 1996, the State Land Board shall adopt by rule a procedure that is consistent with ORS 274.400 to 274.412 by which the board and the Department of State Lands shall make a final administrative determination as to whether a waterway or part of a waterway i…

(1) Upon the adoption of a report by the State Land Board under ORS 274.404 (2)(e), the board shall declare the nature and extent of the state’s claim to any interest that remains or is vested in the State of Oregon with respect to any land or waterway described in the report. (2…

Immediately following a declaration made by the State Land Board pursuant to ORS 274.406, the board shall: (1) Cause reasonable public notice of the declaration to be given to interested parties. The notice shall: (a) Describe the land or waterway affected and the nature and exte…

Any person who is aggrieved by a declaration of the State Land Board made pursuant to ORS 274.406 may seek judicial review of the declaration in the manner provided in ORS chapter 183 for judicial review of final orders in other than contested cases. For purposes of ORS 183.484 (…

As used in ORS 274.430 to 274.520, “meandered lake” means a lake wholly or partly within this state that has been meandered by the United States surveys. [1967 c.421 §131]

(1) All meandered lakes are declared to be navigable and public waters. The waters thereof are declared to be of public character. The title to the submersible and submerged lands of such meandered lakes, which are not included in the valid terms of a grant or conveyance from the…

(1) There are no vested rights in or to any future accretion or reliction to the lands of any upland or riparian owner on any meandered lake. No person shall acquire any right, title or interest in or to the submerged or submersible lands of any such lakes, or any part thereof, b…

The Department of State Lands may acquire by purchase, gift, condemnation or otherwise, any riparian rights which may, by any court of competent jurisdiction, be held to be owned by or vested in any upland or riparian owner on any meandered lakes, and may institute such suits or …

All persons qualified to become entrymen and to secure land patents under the homestead laws of the United States and who prior to January 1, 1921, in good faith settled upon lands within the meander lines of lakes returned as navigable by the United States surveys and who, on Ja…

(1) Any person who in good faith settled upon lands within the meander lines of any meandered lake and who, on January 1, 1921, actually resided thereon, who maintained residence thereon for at least five years immediately prior to such date, and who complied with the requirement…

The owners of lands riparian to Malheur and Mud Lakes, in Harney County, Oregon, shall be granted title to so much of the lands within the meander lines of such lakes as is required to fill out the least fractional subdivision or subdivisions of any section owned by such upland o…

Settlers within the meander line of any meandered lake have the first preferential right, and the Department of State Lands shall, so far as practicable, work out the various preferential rights by securing to each, all the lands which would be most advantageously used by such se…

(1) All of the lands referred to in ORS 274.470 and 274.480 granted or conveyed by the state, shall be granted and conveyed in a reasonably compact area, to be determined by the Department of State Lands. (2) All sales of such state lands shall be at prices fixed by the departmen…

(1) If the federal government claims title or interest in any lands referred to in ORS 274.470 or 274.480 the same shall not be conveyed or otherwise disposed of, or preferential right therein accrue until such claim is settled. The Department of State Lands may enter into such a…

Any person who elects to take any deed from the State of Oregon under ORS 274.430 to 274.520 to any lands within the meander lines of a lake takes the same in lieu of any claim to any other lands within the meander line of such lake in which such deeded lands lie, and shall not t…

(1) Any city of the State of Oregon bordering on a navigable stream may dredge out and use material from submersible and submerged lands of the stream, owned by the State of Oregon and in front of such city, for the purpose of filling in or reclaiming the submersible lands within…

(1) The Department of State Lands may, after notice of competitive bidding, and following such competitive bidding, lease or license submersible and submerged lands of navigable streams owned by the State of Oregon for the purpose of removing material therefrom. Competitive bid r…

(1) A person may remove material from submersible and submerged lands owned by the State of Oregon without payment of royalties to the Department of State Lands if the material is: (a) Removed for channel or harbor improvement or flood control; (b) Used for filling, diking or rec…

(1) The Department of State Lands may enter into contract of lease for purposes of ORS 274.525 to 274.590 with such stipulations protecting the interest of the state as the department may require, and may require a bond with a surety company authorized to transact a surety busine…

The Department of State Lands shall cooperate with the proper authorities of the State of Washington in contracting for, receiving and collecting royalties or other revenues for the taking of material from the submersible and submerged lands of the Columbia River and enter into s…

(1) The Department of State Lands shall not enter into contracts for governmental or private development or exploration for hard minerals on state-owned submersible and submerged lands within the territorial sea and navigable bays that are subject to the jurisdiction of the depar…

As used in ORS 274.705 to 274.860, unless the context requires otherwise: (1) “Development” includes geophysical activity, drilling, platform construction, pipeline construction, operation of onshore support facilities and any other activities undertaken following the discovery o…

(1) The Department of State Lands has exclusive jurisdiction over all ungranted tidal submerged lands owned by this state, whether within or beyond the boundaries of this state, heretofore or hereafter acquired by this state: (a) By quitclaim, cession, grant, contract or otherwis…

(1) Notwithstanding any other provision of ORS 274.705 to 274.860 or 520.240, the Department of State Lands is prohibited from leasing any of the submerged and submersible lands within the territorial sea for: (a) The exploration, development or production of oil, gas or sulfur i…