Or. Admin. Code § 141-126-0150

Current through Register Vol. 64, No. 1, January 1, 2025

Section 141-126-0150 - Compensation

(1) A lessee must remit to the department on a basis provided in the lease annual base rent as determined by the department for the type of use described in OAR 141-126-0150(2) and (3).

(2) Minimum annual base rent for communication site facility leases will be:

(a) Non-commercial uses:

(A) Personal or research and scientific: $750 per year or a one-time, lump sum amount as agreed upon by the department for the term of the lease.

(B) Local or county government and emergency services: $3,000 per year.

(C) State, Tribal, or federal government and emergency services: $4,500 per year.

(D) Non-profit/Non-commercial: $3,000 per year.

(b) Commercial uses:

(A) Small commercial: $4,000 per year.

(B) Medium commercial: $6,000 per year.

(C) Large commercial: $8,000 per year.

(c) Cellular Communications:

(A) Macro cellular facility: $10,000 per year.

(B) Small wireless facility: $270 per facility per year.

(3) Notwithstanding anything in OAR 141-126-0150(2), in the following circumstances, the department reserves the right to establish the annual base rent in amounts that may be greater than the minimum annual base rent;

(a) The minimum bid when the lease is awarded through public auction.

(b) At the department's discretion, an appraisal may be required to determine the market value for the area to be occupied by the communication site facility.

(c) This section does not apply to small wireless facilities.

(4) The amount of annual base rent paid to the department will increase annually by three percent for every year after the date these Division 126 rules are effective.

(5) Upon renewal of a lease, the base rent for first year of the renewal lease will equal the amount of the base rent for the final year of the previous lease plus three percent, unless the department has completed a market value study or an appraisal.

(6) To the extent allowed by ORS 758.010, communication site facilities may be exempt from the mandatory compensation payments specified in OAR 141-126-0150. However, the owners of such facilities must apply for and obtain an authorization from the department.

Or. Admin. Code § 141-126-0150

DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024

Statutory/Other Authority: ORS 273.045, ORS 273.051(2)(b) & ORS 273.245

Statutes/Other Implemented: OR Const. Art. VIII, Sec. 2 & 5