Any person owning a wharf located on state-owned submerged and submersible
lands must certify that the structure is a wharf. The certification of the
wharf shall be on a form provided by the Department. There is no fee associated
with submission of a wharf certification.
(2) Upon receipt of a wharf certification
form, the Department shall review it for completeness. If the structure is a
wharf as defined in ORS
780.040 and in these rules, the
Department shall issue to the owner a written certification that the structure
is a wharf. There is no compensation due the Department for a wharf
In applying the
definition of a wharf as set forth in ORS
and in these rules, the
following criteria will apply, where appropriate:
(a) A "government function," as used in this
section, is an activity engaged in by federal, state or local government
agencies in order to protect the health and safety of the public they serve;
(b) A ship, boat or vessel owned
by a federal, state, or local government agency is engaged in a government
function if it is exclusively dedicated to the performance of a government
function and is either currently engaged in the performance of a government
function (such as a ship owned or under contract to a government agency such as
the United States Navy, United States Coast Guard, United States Army Corps of
Engineers, or a fire, police or sheriff's department), or if not currently
engaged in the performance of a government function, is able to be quickly
activated to perform the function for which it is dedicate (such as a United
States Maritime Administration Ready Reserve Force ship).
(c) A structure used to load and unload
passengers from a ship, boat or vessel transporting passengers (such as a
passenger ferry, cruise ship, or tour boat) is not a structure engaged in the
receipt and discharge of goods or merchandise.
(4) A wharf certification is valid for a term
of ten years from the date it is issued. Upon expiration of a wharf
certification, the owner thereof must recertify that the structure is a wharf
as set forth above.
Department does not certify the structure as a wharf, the owner thereof must
obtain the appropriate authorization from the Department in compliance with
these rules. Unauthorized structures must be removed pursuant to OAR
(6) A wharf certified in
compliance with these rules may be repaired or replaced without prior notice to
the Department. However, the owner of the wharf must notify the Department in
writing describing the repair or replacement within 90 calendar days of making
such repairs or replacement.
The Department must be notified in writing of any:
(a) Change in the location, size, or use of
the wharf at least 90 calendar days prior to such change;
(b) Change in ownership of the wharf as a
result of a sale or conveyance within 90 calendar days of the transfer of
(c) Change in ownership
of the wharf by operation of law resulting from a bankruptcy, foreclosure,
estate settlement, or the like within 30 calendar days of the final settlement
or decision. Failure of the owner to notify the Department of a change in the
location, size, use, or the ownership of the wharf within the time provided
shall result in the automatic termination of the wharf certification.
(8) The Department
shall provide a copy of the wharf certification to the appropriate county
official in the county where the wharf is located.
(9) If a structure is used in part as a wharf
and in part for a use or uses that are subject to authorization under these
rules, the owner must obtain the appropriate authorization for such use or uses
from the Department in compliance with these rules.