Or. Admin. Code § 141-126-0180

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

Section 141-126-0180 - Lease Modifications

(1) Any current existing lessee in good standing must apply for a lease modification for the purposes of:

(a) Equipment upgrade or replacement that results in a change of frequency; or

(b) Any proposed ground disturbing activity; or

(c) Any change to existing communication site facilities structures, including but not limited to replacing an existing structure such as a building or tower, which results in an increase in the height of a tower, or any change in the footprint of a leased premises.

(2) A lessee must apply to the department in writing on a form provided by the department at least 90 calendar days prior to the proposed work being started. The application processing fee for a modification is:

(a) Non-commercial use: $250.

(b) Commercial use: $500.

(c) Cellular communications macro cellular facility:

(A) Equipment upgrade or replacement that results in a change of frequency: $500.

(B) Modifications per OAR 141-126-0180(1)(b) and (c): $750.

(d) Cellular communications small wireless facility:

(A) Equipment upgrade or replacement that results in a change of frequency: $250.

(B) Modifications per OAR 141-126-0180(1)(b) and (c): $500.

(3) Lease modification applications are subject to a review process including, at a minimum, other authorized lessees located at the same communications site. Lease modification applications including changes identified in OAR 141-126-0180(1)(b) and (c) will require concurrence with comprehensive land use planning and zoning from the local planning jurisdiction.

(4) If the department approves a lease modification, in order for such modification to be effective, it must be documented through a written amendment to the lease signed by the department and the lessee.

Or. Admin. Code § 141-126-0180

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