Or. Admin. Code § 250-010-0235
Current through Register Vol. 63, No. 11, November 1, 2024
Section 250-010-0235 - Discontinuance and Removal of Waterway Markers(1) Any permitted waterway marker may be discontinued and removed by the permittee. Upon completion of the removal of the marker, the permitee shall notify the Marine Board in writing within 30 days. (2) If the statute or rule supporting a regulatory marker is amended, the permittee must relocate or otherwise modify those waterway markers placed by the permittee in order to implement the statute or rule, within 30 days of notification from the Marine Board. (3) If the statute or rule supporting a regulatory marker is repealed, the permittee shall remove from the waters of this state all regulatory markers the permittee placed that correspond to the repealed statute or rule, within 30 days of notification from the Marine Board of the rule or statute repeal. (4) The Marine Board or any peace officer charged with the enforcement of OAR Chapter 250 may remove, or cause the removal of, any marker found in violation of OAR Chapter 250, or that does not conform to the permit authorizing the placement of the marker, if the violation is not corrected within 30 days following notification of the permittee of the violation. Waterway markers that create an unreasonable hazard to navigation may be removed immediately. (5) Non-conforming or non-permitted waterway markers removed from the waterway remain the property of the owner. Reoccurring removals of non-conforming or non-permitted markers may result in permanent seizure and will be disposed of in accordance with ORS 98.245. (6) The permittee may appeal the decision to remove non-conforming or non-permitted waterway markers to the Board. Requests for Board review must be in writing within 30 days of the removal action. Any person aggrieved by a decision of the Board regarding the issuance or denial of a waterway marker permit is entitled to judicial review of the decision in accordance with the procedure for contested cases provided by ORS Chapter 183.Or. Admin. Code § 250-010-0235
OSMB 3-2015, f. 4-30-15, cert. ef. 5/1/2015Stat. Auth.: ORS 830.110
Stats. Implemented: 830.110