Or. Admin. Code § 141-145-0040

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

Section 141-145-0040 - General Terms and Conditions

(1) The following terms and conditions apply for authorizations administered under these rules.

(a) Authorizations issued by the Department will be for the minimum area determined to be required for the requested use.

(b) The Department may grant additional authorizations which, as determined by the Department, do not substantially interfere with an authorized use administered under these rules.

(c) The Department will offer access authorizations for a term up to three (3) years.

(d) Unless otherwise approved by the Director, the Department will offer leases for a term up to fifteen (15) years.

(e) Unless otherwise approved by the Director, the Department will offer easements for a term up to thirty (30) years.

(f) The Department will, upon request of the applicant, grant permanent easements only for conservation purposes or as required by a regulatory order. Requests for permanent easements will be taken to the State Land Board for review and approval.

(g) An authorization granted by the Department under these rules will generally be to a specific person for a specific use, location, and term. The holder must apply to and obtain prior written approval from the Department as provided in OAR 141-145-0025 prior to:

(A) Changing the authorized use;

(B) Expanding the number of authorized developments or uses;

(C) Changing the authorized area; or

(D) Permitting other persons to utilize the authorized area for uses and developments requiring separate authorization by the Department.

(h) The Department or authorized representative(s) of the Department have the right to enter into and upon the authorized area at any time for the purposes of inspection or management.

(i) Except as provided in OAR 141-145-0050 or as otherwise provided in the authorization, the holder of an authorization must terminate all use, and at the Department's discretion, remove any or all structures or uses placed within the authorized use area upon expiration or cancellation of the authorization. If the holder refuses to terminate its use or remove its structures, the Department may remove them and charge the holder for doing so.

(j) The holder must defend, indemnify and hold the State of Oregon, its boards, commissions, agencies, officers, employees, contractors and agents harmless from and against any and all claims, demands, actions, judgment, losses, damages, penalties, fines, costs and expenses (including expert witness fees and costs and attorney's fees in any administrative proceeding, mediation, trial, or appeal) arising from or attributable, in whole or in part, to the use that is the subject to the authorization, including without limitation, any such claims or costs arising from a release of a hazardous substance as a result of the authorized activity, exacerbation of existing contamination or holder's failure to comply fully with the authorization or any order or agreement under which holder is conducting its use. This requirement will survive termination or expiration of any authorization issued under these rules.

Or. Admin. Code § 141-145-0040

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

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 274