Or. Admin. Code § 141-145-0015 - Types of Authorizations

(1) Access Authorization: Uses of state-owned submerged and submersible land for a term less than three (3) years, for purposes of, including but not limited to:

(a) Site monitoring;

(b) Habitat restoration;

(c) Environmental dredging;

(d) Monitored natural recovery; or

(e) Enhanced monitored natural recovery.

(2) Easement: Uses of state-owned submerged and submersible land for more than three (3) years including but not limited to:

(a) Construction and maintenance of permanent structures associated with removal or remedial activities. For the purposes of these rules, soil and sediment caps are considered a permanent structure.

(b) Site monitoring;

(c) Environmental dredging;

(d) Monitored natural recovery; or

(e) Enhanced monitored natural recovery

(3) Lease: Uses of state-owned submerged and submersible land including but not limited to construction and maintenance of a non-permanent structure or structures.

(4) Conservation Easement: Use of state-owned submerged and submersible land for which the applicant is seeking long-term use restrictions to protect its conservation value. Conservation easements may be issued in perpetuity or for a term of years.

(5) The Department may, at its discretion, authorize multiple uses by a holder under one authorization. The Department will evaluate the proposed project as a whole, and offer the authorization that accommodates the longer term use. For example, the Department may evaluate a project that includes environmental dredging for one year and monitored natural recovery for twenty years. In this example the Department would offer one easement, or lease, that would authorize both uses of state-owned submerged and submersible lands.

Notes

Or. Admin. Code § 141-145-0015

DSL 2-2014, f. 1-13-14, cert. ef. 2-1-14

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274