(1) Pursuant to ORS
274.920, no one other than the
United States, while engaged in the promotion of navigation, shall artificially
create new lands by fill or deposit upon submersible or submerged lands without
the approval of the owner of such lands and the owner of the adjoining or
opposite upland on the same side of the body of water.
(2) Any person requesting to create new lands
from state-owned submerged and submersible lands shall meet with Department
staff to discuss the proposed project and use before submitting an application
to the Department. This meeting may be in person or through other means
acceptable to the Department. The Department may invite other government
entities to take part in a pre-application meeting.
(3) Any person requesting to create new lands
from state-owned submerged and submersible lands shall apply for permission to
create the new lands.
application fee for requesting to create new lands is $1,000 per application. A
single application may include multiple contiguous land parcels.
An application to create new lands 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 program and soil and water districts, and other interested
persons. As a part of this review, the Department will specifically request
(a) The presence, type
and location of state or federally listed threatened and endangered 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;
Existing public access to the water from lands, road, or right of way across
(d) Importance of the
lands to existing or future navigational needs.
The Department may waive the circulation
requirement described in OAR 141-068-0100
(5) if the action or development has
been previously reviewed by the listed agencies and other interested persons,
and the results are documented by the Department.
(7) 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
(8) A request to
create new lands may be taken to the State Land Board for review and approval.
If a request for approval is submitted to the State Land Board, then the
Department shall provide findings and a recommendation for the Board's