(a) Owning or placing structures on, or using
state-owned submerged and submersible land in a way that is subject to
registration under these rules must register the structure or use with the
(b) Changing the
location of a registered structure or use must notify the Department in writing
90 calendar days prior to such placement, or change in location.
(c) Making any modifications, including a
change in size of the registered structure or a change in the registered use
must notify the Department 90 calendar days prior to making such a
Except as provided in OAR 141-082-0325
(3), an applicant for a registration must
use a form provided by the Department and submit a registration form for all
registrable structures or uses.
A single registration form may be used to
apply for a registration for all dikes, rip-rap, tide gates, erosion control
barriers and other structures that occupy state-owned submerged and submersible
land if they are located within:
jurisdiction of, and actively maintained by a diking or drainage district, or
(b) Contiguous parcels owned by
the same person and maintained by that person.
Except as provided in OAR
(2), each registration must be accompanied by a fee payment in the
amount indicated in OAR
of these rules.
The Department shall not issue
a registration where the Department determines that the use or structure:
(a) Will unreasonably interfere with the
public's right to use the waterway and state-owned submerged and submersible
land for fishing, navigation, commerce, and recreation;
(b) Will not comply with all applicable
local, state, and federal laws including the local comprehensive plan and
Prior to issuance of a registration to
use or occupy state-owned submerged and submersible land for the uses described
(e), (f), (g) and (h) of these rules, the applicant, as a condition of their
authorization and as required by ORS
must indemnify and hold harmless the State of Oregon from all liability and
claims arising from or attributable to the use or occupation. The applicant's
obligation to indemnify and hold harmless the State of Oregon from all
liability and claims arising from or attributable to the use or occupation must
be in writing on a form provided by the Department.
Or. Admin. R. 141-082-0325
DSL 5-2012, f. 10-16-12,
cert. ef. 1-1-13;
5-2016, f. 11-3-16, cert. ef.
Stat. Auth.: ORS 183, 273, 274
Stats. Implemented: ORS