Or. Admin. Code § 736-020-0070 - Terms and Conditions of Permit
(1) Under an emergency permit authorization,
material placed on the ocean shore, other than beach sand moved for watercourse
alterations, shall be considered temporary and shall be removed within a time
specified by the Department, except as specified in section (3) of this rule.
At the time of removal, the permittee shall be responsible for restoring to as
natural a condition as possible, as determined by the Department, the natural
resource, scenic and recreational values of the ocean shore.
(2) The Department may impose conditions on
the project size, design, and materials used in order to meet the objectives of
the Permit Standards of ORS
390.655 and Beach
Construction/Alternation Standards of OAR
736-020-0005 through OAR
736-020-0030.
(3) The permittee shall apply for an ocean
shore permit, as specified in ORS
390.650, in order to seek
approval to convert the temporary project approved under an emergency permit
into a permanent ocean shore alteration. If a permanent permit is not applied
for and approved by the Department, then all material placed on the ocean shore
shall be removed and the condition of the ocean shore restored, in compliance
with the conditions of the emergency permit.
(4) At the Department's discretion, the
Department may require a cash bond, or other security acceptable to the
Department, to ensure that the permittee complies with the terms of the permit,
including removal of material. Failure of the permittee to comply with the
terms and conditions of the permit shall authorize the Department, without
further notice, to conduct the work necessary to complete the required terms
and conditions and deduct any and all costs and expenses for the
work.
(5) The Department shall
deduct from the cash bond or other security, all legal costs associated with
the emergency permit, including, but not limited to, enforcement of permit
conditions, and acquisition of funds from the cash bond or other security. The
Department shall pursue all available legal or judicial alternatives to recover
costs incurred by the public resulting from non-compliance with the terms and
conditions of any emergency permit.
Notes
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.124
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