Or. Admin. Code § 141-110-0120

Current through Register Vol. 63, No. 10, October 1, 2024

Section 141-110-0120 - Improvements by Lessee

(1) No improvement may be constructed or placed upon leased land unless the lessee has obtained the prior written authorization of the Department.

(2) The Department will consider the following factors before deciding whether to authorize a proposed improvement on a leasehold:

(a) Need for the proposed improvement;

(b) Benefits of the proposed improvement;

(c) Impacts of the proposed improvement on the leasehold, fish and wildlife habitat, recreational resources, historical resources and cultural resources; and

(d) Whether the proposed improvement is permitted by the local jurisdiction's acknowledged comprehensive plan and land use regulations.

(3) All improvements must be maintained by the lessee in good working order as appropriate to the type of improvement.

(4) The lessee must take all reasonable and prudent efforts to ensure that an improvement does not pose a danger to public safety.

(5) All improvements to the leasehold become the property of the Department.

(6) If water permits or rights are required for the proposed improvement, such permits or rights are to be applied for and issued in the name of the Department in accordance with applicable statutes governing the appropriation and use of water.

Or. Admin. Code § 141-110-0120

LB 4-1994, f. & cert. ef. 8-2-94; LB 3-1995, f. & cert. ef. 10-13-95; DSL 1-1999, f. & cert. ef. 3-2-99; DSL 7-2009, f. & cert. ef. 10-20-09

Stat. Auth.: ORS 273.045 & 273.051

Stats. Implemented: ORS 273.805, 273.815 & 273.825