Or. Admin. Code § 141-140-0010 - Applicability and Purpose

(1) These rules apply to the construction and operation of ocean renewable energy facilities placed on, in or over state-owned submerged and submersible land in the territorial sea. This includes infrastructure physically connected to an ocean renewable energy facility that crosses state-owned submerged and submersible lands adjacent to the territorial sea.

(2) These rules do not apply to:

(a) Docks, infrastructure, facilities or structures on, in or over state-owned submerged and submersible land in the territorial sea that are not part of an ocean renewable energy facility. Proprietary authorizations for such docks, infrastructure, facilities or structures which are not defined as related or supporting structures are governed by the provisions of OAR 141-082;

(b) Scientific experiments and scientific equipment that are not part of an ocean renewable energy facility placed on, in or over state-owned submerged and submersible land in the territorial sea. Proprietary authorizations for such uses are governed by the provisions of OAR 141-125;

(c) The granting and renewal of easements for electricity transmission, telecommunication and other cables in the territorial sea that are not related to an ocean renewable energy facility authorized under these rules. These cables are governed by the provisions of OAR 141-083.

(3) The issuance of a temporary use authorization or an ocean renewable energy facility lease provides the holder with the State of Oregon's proprietary authorization for the ocean renewable energy facility to occupy the authorized area specified in the authorization. Other federal, state or local authorizations may also be required.

(4) Construction and operation shall not commence until the holder has received a Removal-Fill Authorization under ORS 196.800 to 196.990, and other required authorizations from local, state (such as an Ocean Shores Permit from the Oregon Department of Parks and Recreation), and federal entities (such as a preliminary permit or similar authorization from the Federal Energy Regulatory Commission).

Notes

Or. Admin. Code § 141-140-0010

DSL 5-2007, f. 10-12-07, cert. ef. 12-1-07; DSL 5-2017, amend filed 12/28/2017, effective 1/1/2018

Statutory/Other Authority: ORS 273, ORS 274, ORS 183 & ORS 274.870-879

Statutes/Other Implemented: ORS 274.870-879