Or. Admin. Code § 141-126-0160

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

Section 141-126-0160 - General Terms and Conditions

(1) The initial term of a lease may be up to, but not exceed 10 years, unless otherwise approved by the director. The department will determine the length of a lease and any renewal provisions based on the nature of the use for the requested area. The initial lease term and renewal term(s) combined will not exceed 30 years from the effective date of the lease.

(2) Leases will be offered by the department for the minimum area determined by the department to be required for the requested use.

(3) A communication site facility lease issued by the department will be on a form supplied by the department that has been reviewed by the Oregon Department of Justice.

(4) The department may choose at its discretion to close one or more leased premises or an entire communication site to public entry or restrict recreational use by the public to protect persons, property, or developments from harm.

(5) The department or its authorized representative(s) will have the right to enter into and upon the leased premises at any time.

(6) Unless otherwise agreed to in writing as a provision of the lease, a lessee may not interfere with lawful public use of a leased premises, state-owned land adjacent to a leased premises, or obstruct free transit across state-owned land. At no time may the lessee or their representatives intimidate or otherwise threaten or harm public users of state land.

(7) A lessee must dispose of all waste in a proper manner and must not permit debris, garbage, or other refuse to either accumulate within the leased premises or to be discharged onto state-owned land or waterways adjacent to the leased premises.

(8) A lessee must cooperate and comply with:

(a) Appropriate county agencies and the Oregon Department of Agriculture in the detection, prevention, and control of noxious plants. The department will rely on the Oregon Department of Agriculture for information concerning which noxious plants present on a leased premises require corrective action by the lessee or the Oregon Department of Agriculture or its agents;

(b) The Oregon Department of Agriculture and the department in the management of plant pests and diseases; and

(c) The department and other agencies in the detection, prevention, and control of wildfires on state-owned land containing a communication site.

(9) A lessee must conduct all operations within the leased premises in a manner that conserves fish and wildlife habitat, protects water quality, and does not contribute to insect or animal infestation, soil erosion, or the growth of noxious plants.

(10) Unless otherwise agreed to in writing, the lessee must remove all developments as directed by the department within 180 calendar days of the date of the expiration or termination of the communication site facility lease. If the lessee refuses to remove the subject developments, the department may remove them and charge the lessee for doing so.

(11) The lessee will not allow any other use to be made of or occur on the leased premises that is not specifically authorized:

(a) By that communication site facility lease; or

(b) By the department in writing prior to the use, including allowing co-location of all or a portion of the leased premises or structures therein.

(12) A lessee must be the person which owns the equipment and structures installed on the leased premises.

(13) A lessee employing contractors or facility managers for the purposes of site management as the lessee's representative is required to provide:

(a) Written verification providing permission and designating a facility manager, site manager, contractor, or sub-contractor employed by the lessee to communicate with the department regarding management of the communication site facility lease; and

(b) A single point of contact for all communication between the department and the lessee's facility manager concerning the lease administration.

(14) The lessee must maintain all buildings, equipment and similar structures or improvements located within the leased premises in a good state of repair as determined by the department.

(15) The lessee must label all buildings, structures, towers, and equipment (such as generators) within the leased premises. The label must include, at a minimum, the lessee's lease number.

(16) The lessee must notify the department of any equipment modifications resulting in a change of frequency. The department will notify other lessees of the communication site of the equipment modifications for review to identify any potential frequency conflicts. If a frequency conflict is identified, the lessee proposing the frequency change will work to resolve the frequency issue so as not to interfere with other authorized users. A lessee proposing a frequency change may be required to provide documentation from the Federal Communications Commission that the proposed frequency change has been approved by the FCC. The Federal Communications Act comprehensively regulates frequency interference.

(17) If requested by the department, a lessee must present evidence to the department prior to the use that it has obtained:

(a) All permits or approvals required by local, state and federal governing bodies to undertake the proposed use;

(b) Any permit or approval that may be required to obtain access or to cross land belonging to a person other than the department to undertake the use; and

(c) A surety bond, certificate of deposit, or other financial instrument and insurance as required by the department pursuant to OAR 141-126-0200.

(18) The communication site facility lease allows the lessee to access their communication site facility through state-owned lands adjacent to the leased premises.

(19) A lessee will indemnify the State of Oregon and the Department of State Lands in a manner that the department has determined will adequately protect the state from harm caused by the lessee's occupation or use of the leased premises.

Or. Admin. Code § 141-126-0160

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