Or. Admin. R. 141-068-0070 - Application Review Process

(1) Upon receipt of an application, the Department will determine whether it is complete. In order to be complete, an application must meet the requirements of OAR 141-068-0060 (all sections of the application must be correctly filled out), and must be signed and dated by the applicant. Applications determined to be incomplete will be returned to the applicant with a written explanation of the reason(s) for rejection.

(2) If a rejected application is resubmitted within 120 calendar days from the date the Department returned it to the applicant, no additional application fee will be assessed.

(3) The Department will prioritize the processing of complete applications based on the following factors:

(a) An impending transaction or financing of the property in question;

(b) Department resources available to process the application requests;

(c) Other factors as delineated by the Director.

(4) If determined by the Department to be complete, the application shall be circulated to affected local, state, and federal agencies; holders of valid authorizations granted by the Department in the requested area; any local port district, any local federally recognized tribes, any local watershed councils, national estuary programs and soil and water districts, and other interested persons. As a part of this review, the Department will specifically request comments concerning:

(a) The presence, type and location of state or federally listed species (including threatened, endangered, candidate and sensitive species), and archeological and historic resources within the lands;

(b) Current or historic use of the lands for fishing or recreation;

(c) Existing public access to the water from lands, road, or right of way across the lands;

(d) Importance of the lands to existing or future navigational needs.

(5) The Department may post a notice of an application and opportunity to comment at a local government building, public library, or other appropriate locations in order to ensure that minority and low-income communities are included and aware of a proposed action. The Department shall make paper copies of an application available to any person upon request.

(6) If the Department does not find evidence of significant public interests per ORS 274.940, then the Department may determine that there are "low" public interests in the lands.

(7) If the Department finds that there are recreational, navigational, or fish and wildlife interests (per ORS 274.940) in the property, the Department may determine that there are "moderate" to "high" public interests in the lands.

(8) The Department shall evaluate the value of the State's interest in the lands under review. The valuation shall be based on the Real Market Value (RMV) of the property's land, not including structures, as determined by the County Assessor. This process for valuation shall be applied to determine parcels eligible for settlement under OAR 141-068-0080(4).

(9) Land where the State's interest in the property is determined to be less than $20,000 shall be considered "low value".

(10) Land where the State's interest in the property is determined to be greater than $20,000 and less than $100,000 shall be considered "moderate value".

(11) Land where the State's interest in the property is determined to be greater than $100,000 shall be considered "high value".

(12) If the RMV is found to be artificially depressed for any extenuating circumstance, the Department may select another comparable tax lot(s) as the basis for establishing the valuation.

(13) The Department shall complete an Evaluation Form that provides:

(a) The results of the Department's due diligence;

(b) The results from the valuation of the State's interests in the lands;

(c) The applicable elements from the public review and comment period; and

(d) A determination of whether the proposal is consistent with the general provisions set forth in OAR 141-068-0020.

(14) The review requirements of this section do not apply for a person requesting a conveyance that clears title when the Department has determined that there is no State interest in the historically filled land.

Notes

Or. Admin. R. 141-068-0070

DSL 2-2016, f. 5-13-16, cert. ef. 6/1/2016; DSL 2-2017, f. & cert. ef. 1/12/2017

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented ORS 274.905-274.956