Or. Admin. R. 141-068-0120 - Reservation of New and Historically Filled Land
(1) Pursuant to ORS
274.940, the Department may
reserve new and historically filled lands from sale, transfer or lease where
upon notice and hearing the Department determines that the public interest
requires the lands to be preserved for recreation, conservation of fish and
wildlife or the development of navigation facilities. But in case of such
reservation, the adjoining or opposite upland or riparian owner shall be
allowed reasonable access across such reserved historically filled lands to
navigable water.
(2) The
Department shall use the comments received during public review and other
findings when considering whether lands shall be reserved from sale.
(3) The Department shall hold a public
hearing in the affected community prior to reserving the new or historically
filled lands from sale.
(4) The
Department will give 30 calendar days' notice of a public hearing to adjacent
land owners, lessees, interested persons, agencies and local governments by
mail or e-mail, and press release. The public hearing information will also be
posted on the Department's website.
(5) A determination that the public interest
requires new and historically filled lands to be reserved is not a final agency
order.
Notes
Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented ORS 274.905-274.956
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.