Or. Admin. R. 141-140-0115
Current through Register Vol. 63, No. 8, August 1, 2024
Section 141-140-0115 - Modification for Use or Size(1) A holder shall not change the number, location or types of structures or make any use of the authorized area that is not specifically authorized by a prior written authorization issued by the Department.(2) In order to modify an authorization, the holder shall submit to the Department a:(a) Notice of proposed modification on a form provided by the Department at least 90 calendar days (unless otherwise approved by the Director in writing) prior to the date that the modification is to occur; and(b) Non-refundable processing fee of $1,000 payable to the Department.(3) The Department shall request comment from the local, state, or federal agencies, the JART, or other affected persons.(4) The Department will evaluate the proposed modification and comments in order to determine if: (a) The proposed modification is consistent with Part Five of the Territorial Sea Plan; and(b) Is consistent with other applicable laws; and(c) Is consistent with the other provisions of these rules;(5) Upon evaluation, the Department may: (a) Approve the proposed modification;(b) Approve the proposed modification with conditions;(c) Request additional information in order to further evaluate the proposed modification;(d) Deny the proposed modification; or(e) Determine that the proposed modification is a significant variation from the authorized use, and require the holder to complete a new application pursuant to OAR 141-140-0050.(6) Compensation for the use of state-owned land may be re-calculated upon modification of the authorization in accordance with the rules in place at the time of the modification. Any additional compensation shall be due prior to the issuance of the modification.Or. Admin. R. 141-140-0115
DSL 5-2017, adopt filed 12/28/2017, effective1/1/2018Statutory/Other Authority: ORS Chapter 183, ORS 274.870-879, ORS 273 & ORS 274
Statutes/Other Implemented: ORS 274.870-879