Or. Admin. Code § 603-082-0040

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

Section 603-082-0040 - Plat Application Review

Upon receipt of an application for an oyster, clam or mussel lease, an applicant shall be eligible for an authorization of a plat if the director determines that:

(1) The application is complete pursuant to OAR 603-082-0030. If an application is determined to be incomplete, the department shall notify the applicant of exactly what information is missing within 45 days of the receipt of the application and allow the applicant to submit the missing information. The application shall be deemed complete on receipt of the missing information.

(2) The subject area is suitable for cultivation or can be rendered suitable for cultivation with conditions imposed by the department in the final order and grant certificate.

(3) In the case of an application for the cultivation of clams or mussels, the proposed plat shall involve an oyster plantation claim or plat that was in effect on June 1, 1997. The proposed clam or mussel plat area may include not more than 20 percent of the lands subject to the existing oyster claim or plat and shall include not less than one acre.

(4) The proposed plat will not restrict the rights of the public to use the waters of the state in a normal and customary manner.

Or. Admin. Code § 603-082-0040

DOA 11-2003, f. & cert. ef. 2-27-03

Stat. Auth.: ORS 561.190

Stats. Implemented: ORS 622.230, ORS 622.250 & ORS 622.320