Or. Admin. Code § 141-145-0030

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

Section 141-145-0030 - Access Authorization and Easement Application Review and Approval Process

(1) Upon receipt of an application to use state-owned submerged and submersible land, the Department will review it to determine if it is complete. If the application is complete and the use is subject to these rules, the application will be deemed accepted by the Department.

(2) If an application is determined by the Department to be incomplete, the Department will notify the applicant that the application is incomplete and provide a list of additional information required. If an incomplete application is resubmitted within 120 calendar days from the date the Department determined the application incomplete, no additional application fee will be assessed.

(3) The Department may reject an application for an authorization if:

(a) The applicant's financial status or past business/management practices or experience indicates that it may not:

(A) Be able to fully meet the terms and conditions of the authorization offered by the Department; or

(B) Use the land for which authorization is sought in a way that meets the provisions of these rules.

(b) The applicant is not in compliance with the terms and conditions on any other authorization granted to them by the Department.

(4) Except as provided in OAR 141-145-0030(5), the Department will notify the appropriate city or county planning department, pertinent state and federal agencies, federally recognized tribal governments, ports and all lessees and adjacent riparian property owners (as available from the local county assessor's office records) and other interested parties of the application and request review and comment. The Department may require the applicant to respond to comments where applicable.

(5) The Department may elect not to request review and comment on an application as provided in OAR 141-145-0030(4) if the use or structure:

(a) Has already received the necessary city or county approvals;

(b) Has been subjected to public comment during a prior circulation; and,

(c) Has not changed in terms of the size of the authorized area or use of that area since the time those approvals were given.

(6) Based on its evaluation of the application and the comments received, the Department will:

(a) Approve the application and move forward with the issuance of the requested authorization.

(b) Require that the applicant modify, and as deemed necessary by the Department, resubmit the application; or

(c) Deny the application.

(7) An applicant or an affected party who submitted a timely comment on the proposed project has the right to appeal a decision under the provisions of OAR 141-145-0090.

Or. Admin. Code § 141-145-0030

DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274