Or. Admin. Code § 250-010-0235 - Discontinuance and Removal of Waterway Markers
(1) Any permitted waterway marker may be
discontinued and removed by the permittee. Upon completion of the removal of
the marker, the permitee shall notify the Marine Board in writing within 30
days.
(2) If the statute or rule
supporting a regulatory marker is amended, the permittee must relocate or
otherwise modify those waterway markers placed by the permittee in order to
implement the statute or rule, within 30 days of notification from the Marine
Board.
(3) If the statute or rule
supporting a regulatory marker is repealed, the permittee shall remove from the
waters of this state all regulatory markers the permittee placed that
correspond to the repealed statute or rule, within 30 days of notification from
the Marine Board of the rule or statute repeal.
(4) The Marine Board or any peace officer
charged with the enforcement of OAR Chapter 250 may remove, or cause the
removal of, any marker found in violation of OAR Chapter 250, or that does not
conform to the permit authorizing the placement of the marker, if the violation
is not corrected within 30 days following notification of the permittee of the
violation. Waterway markers that create an unreasonable hazard to navigation
may be removed immediately.
(5)
Non-conforming or non-permitted waterway markers removed from the waterway
remain the property of the owner. Reoccurring removals of non-conforming or
non-permitted markers may result in permanent seizure and will be disposed of
in accordance with ORS 98.245.
(6)
The permittee may appeal the decision to remove non-conforming or non-permitted
waterway markers to the Board. Requests for Board review must be in writing
within 30 days of the removal action. Any person aggrieved by a decision of the
Board regarding the issuance or denial of a waterway marker permit is entitled
to judicial review of the decision in accordance with the procedure for
contested cases provided by ORS Chapter 183.
Notes
Stat. Auth.: ORS 830.110
Stats. Implemented: 830.110
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.