Or. Admin. Code § 250-010-0097 - Application for Special Use Device Permits
(1) For the purpose of this rule the term
Special Use Device includes waterski courses, ski jumps, race buoys, kayak race
gates and other floating devices used to mark water events. These rules apply
to all of the waters of this state.
(2) An individual or organization planning to
install a special use device on the waters of this state shall submit a
completed application for a special use device permit to the Marine Board at
least 30 days before an anticipated installation.
(3) Exemptions. Devices installed in
conjunction with an authorized marine event do not require a separate permit
other than the permit by ORS Chapter 830 and OAR 250-010-0095. Devices
installed for private non-commercial use are permitted for a period up to 12
hours, between sunrise and sunset, without a permit, provided the device is
removed before sunset.
(4) The
application shall be in such form as required by the Board. The applicant must
furnish information on the type of device, dates of installation and proposed
use, a description of the location including maps sufficient to locate the
planned placement of the device, information identifying adjacent property
owners by name and address, and other information deemed necessary by the
Board.
(5) The Marine Board will
circulate a notice of the proposed installation for public comment and review.
Particular notice will be provided to adjacent landowners, the county sheriff
and other interested parties. A hearing on the proposed device installation may
be held if requested.
(6) The State
Marine Director shall evaluate the application and consider public comments in
deciding whether to issue a permit. The Director shall consider the size of the
waterbody, season of use, probable impacts to adjacent properties, potential
for use conflicts and other factors related to the public health, safety and
welfare.
(7) The Director may
condition permits as to days and hours of operation, anchoring materials and
methods, special lighting requirements if any, and other requirements as
necessary
(8) The applicant or
other affected parties may appeal the decision of the Director to the Board.
Requests for Board review must be in writing within 30 days of the Directors
decision on a permit.
(9) A special
use permit does not authorize Marine Events. A separate permit is required if a
permitted special use device is to be used for a boat race, regatta, tournament
or exhibition.
(10) A Marine Board
special use permit does not relieve the applicant from other federal, state or
local permits, licenses, or approval which may be required.
(11) Permits may be valid for a period up to
three years. The permit may be revoked or cancelled for violation of permit
conditions, complaints regarding use by the public or county sheriff, or a
request by ten or more persons.
(12) The Permittee shall be responsible for
ensuring the safety of the proposed device area and keep it clear of debris,
obstructions and other elements that constitute a safety hazard. A special
device permit shall not give the permittee exclusive use of the waters of the
state in the permit area.
Notes
Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
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