Or. Admin. Code § 736-020-0004

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

Section 736-020-0004 - Fees

(1) Fees -- each application filed under ORS 390.640, for an alteration on the ocean shore shall be accompanied by a processing fee for the purpose of partial recovery to the department of its administrative costs. The fee shall be determined according to the construction value of the project. The application processing fee shall be:

(a) $400 for projects with a construction value less than $2,500; and

(b) $400 plus three percent of the construction value over $2,500 for projects with a construction value equal to or greater than $2,500.

(2) In determining the construction value of a proposed project, the Department:

(a) May consider the entire project, not just that portion on the ocean shore. Examples of, but not the only, projects where the entire alteration may be considered in establishing construction value include, ocean shore protective structures such as riprap revetments, concrete seawalls, and other hard structures of wood, metal, rock or concrete; dynamic revetments, log, cobble and sand berms and other non-structural forms of ocean shore protection;

(b) May, in its discretion, consider only that portion of a project on the ocean shore. Examples of, but not the only, projects where only that portion of the alteration on the ocean shore may be considered in establishing construction value include, stairways, ramps and other access and viewing facilities, sand removal, beach nourishment, dune grading and vegetation management;

(c) May assess only the base fee to public agencies proposing projects whose primary purpose is to improve public access to the ocean shore, or maintain, repair or replace existing public infrastructure on the ocean shore regardless of construction value;

(d) May waive the application fee for public agency applications proposing projects that would have the primary purpose of enhancing the natural, resource, scenic, recreational and economic values of the ocean shore, or restoring native beach or dune habitat, contributing to the recovery of sensitive species, including state and federally listed threatened and endangered species or otherwise benefitting the native biological values of the ocean shore.

(3) Evidence the Department may consider in establishing the construction value of a project shall include:

(a) Itemized estimates from licensed, bonded, contractors;

(b) Construction values accepted by the county or city for purposes of issuing local permits;

(c) Itemized costs of equipment rental and other such charges if the project is completed by the property owner;

(d) Estimates that reflect unit costs typically associated with the type, quality and standards of construction proposed in the application; and

(e) Other evidence of costs acceptable to the Department if (a), (b), (c), or (d) of this section are not available.

(4) The Department may require an applicant to provide additional information, supporting evidence or seek additional independent bids for a project if the Department believes the project costs represented by the applicant are not reflective of costs typically associated with the type, quality and standards of construction proposed in the application.

(5) Refunds -- if a written request is received to withdraw an application, application fees may be refunded according to the following schedule:

(a) If the application is withdrawn within the first three working days following the date of submittal, the entire application fee shall be refunded;

(b) If the application is withdrawn prior to the close of the 30-day notice posting period described in ORS 390.650(3), one-half of the amount in excess of the $400 basic application fee shall be refunded;

(c) No refund shall be made for an application withdrawn more than 30 days after the date of submittal.

(6) No fee reductions shall be allowed for modifications to an application, made after an application is submitted to the Department, that result in a reduced construction value.

(7) The Department may assess such additional fees as it determines necessary to cover increased construction value resulting from modifications to a proposed project made after the application is submitted to the Department. In assessing such additional fees, the Department shall be governed by the provisions of sections (1) through (4) of this rule.

Or. Admin. Code § 736-020-0004

PRD 7-2000, f. & cert. ef. 5-10-00

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.605 - ORS 390.770 & ORS 390.990 - ORS 390.995