Or. Admin. Code § 141-145-0010

Current through Register Vol. 63, No. 10, October 1, 2024

Section 141-145-0010 - General Provisions

(1) All tidally influenced and title navigable waterways (referred to as state-owned submerged and submersible land) have been placed by the Oregon State Legislature under the jurisdiction of the State Land Board and the Department, as the administrative arm of the State Land Board.

(2) The State Land Board, through the Department, has a constitutional responsibility to manage "the lands under its jurisdiction with the object of obtaining the greatest benefit for the people of this state, consistent with the conservation of this resource under sound techniques of land management" pursuant to Article 8, Section 5(2) of the Oregon Constitution. This responsibility requires that the Department receives fair compensation for the use or disposal of state-owned land managed by the Department.

(3) State-owned submerged and submersible land is managed to ensure the collective rights of the public, including riparian owners, to fully use and enjoy this resource for commerce, navigation, fishing, recreation and other public trust values. These rights are collectively referred to as "public trust rights."

(4) No person is allowed to place a structure on, or make use of state-owned submerged and submersible land, regardless of the length of time the structure may have existed on, or the use may have occurred on the land, without the required authorization described in these rules, unless the structure or use is exempt from such authorization. Ownership of state-owned submerged and submersible land cannot be obtained by adverse possession regardless of the length of time the structure or use has been in existence.

(5) All uses of state-owned submerged and submersible land must conform to applicable local (including local comprehensive land use planning and zoning ordinance requirements), state and federal laws.

(6) No applicant or holder is allowed to request from any government agency a change in the zoning for, or approved uses of state-owned submerged and submersible land without first applying to, and receiving written approval from the Department.

(7) All references in these rules to "state-owned submerged and submersible land" include state-owned submerged lands or submersible lands or both.

Or. Admin. Code § 141-145-0010

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

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274