Or. Admin. Code § 141-082-0285

Current through Register Vol. 63, No. 11, November 1, 2024

Section 141-082-0285 - General Lease and Public Facility License Conditions and Form

(1) The Department shall only offer a standard form of lease or public facility license that has been approved by the Department of Justice.

(2) Subject to the terms of an existing lease or public facility license or as otherwise agreed by the Department, the applicant shall have ninety (90) calendar days from the date of offer to execute a lease or public facility license with the Department. The Department may revoke the offer after ninety days, at which time the applicant may re-apply for the proposed use in accordance with OAR 141-082-0275(3). Unless otherwise approved by the Director, the initial term for a lease or public facility license for state-owned submerged and submersible land shall not exceed 15 years. The length of the initial term for a lease or public facility license shall be determined by the Department and shall be based on:

(a) Whether the proposed use is reasonably expected to exist for the time period requested by the applicant;

(b) Requirements imposed by financial institutions as a condition of project financing; and

(c) The general provisions contained in these rules.

(4) The Department may include in a lease or public facility license, the right of the holder of a lease or public facility license to renew the authorization for an additional term not to exceed 15 years, subject to the requirements of OAR 141-082-0290.

(5) The Department may require an applicant or holder of a lease to obtain a surety bond or other form of financial assurance acceptable to the Department to ensure that the lessee will perform in accordance with all terms and conditions of the lease. The surety bond amount shall be determined by the Department and shall be reasonable and within generally accepted business practices. A certificate of deposit in an amount equal to the amount required for a surety bond and that names the State of Oregon as co-owner may be substituted in lieu of a bond.

(6) State-owned submerged and submersible land shall remain open to Public Trust Uses.

(a) Notwithstanding the provisions of OAR 141-088, a holder may close all or a portion of the authorized area to Public Trust Uses, or restrict Public Trust Uses within all or a portion of the authorized area, provided the closure or restriction is:

(A) Reasonably necessary to protect persons and property from harm arising from holder's authorized use of the submerged and submersible land;

(B) Limited in duration; and

(C) Limited in scope.

(b) If the proposed closure or restriction is wholly or partially within the navigation channel of the waterway as established by the United States Coast Guard, or is located in such a way as to increase traffic in or otherwise impact use of the navigation channel, holder shall consult with the United States Coast Guard and the Oregon Marine Board prior to implementing the closure or restriction. Holder shall comply with all requirements imposed by the United States Coast Guard and the Oregon Marine Board.

(c) The holder must provide written notice to the Department no less than fourteen (14) days prior to the implementation of any closure or restriction. The written notice must identify the need for, the scope of, and the duration of the closure or restriction, and must certify that holder has consulted with the United States Coast Guard and the Oregon Marine Board regarding the closure or restriction, if required under OAR 141-082-0285(6)(b).

(d) The Department, in its sole discretion, may at any time require holder to terminate or modify the closure or restriction. The Department, in its sole discretion, may at any time require the closure or restriction to be established pursuant to OAR 141-088.

(7) The holder may restrict public use of holder-owned property or structures authorized under a lease or public facility license.

(8) The Department or its authorized representative(s) shall have the right to enter into and upon the authorized area at any time for the purposes of inspection or management.

(9) The holder shall not encumber the rights held under a Waterway Use Authorization, nor mortgage or grant a security interest in the holder's interest in the Waterway Use Authorization without prior written consent of the Department. Written consent shall be applied for on a form provided by the Department.

(10) The holder shall pay a non-refundable fee of $375 for each request for DSL's approval of a consent agreement.

Or. Admin. Code § 141-082-0285

DSL 5-2012, f. 10-16-12, cert. ef. 1-1-13; DSL 5-2016, f. 11-3-16, cert. ef. 1/1/2017

Stat. Auth.: ORS 183, 273, 274

Stats. Implemented: ORS 274