Or. Admin. Code § 141-121-0030

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-121-0030 - Process For Conducting A Navigability Study

A navigability study shall consist of the following actions in the order presented:

(1) If the Land Board directs the Division to conduct a study, the Division shall give public notice that it will undertake the study. This notice shall be called a "Notice Of Initiation Of Navigability Study" and shall:

(a) Describe the purpose of the study and the location of the waterway segment under consideration;

(b) Request that any persons having information relevant to the study contact the Division;

(c) Be published not less than once each week for three (3) successive weeks in a statewide newspaper, and also a newspaper of general circulation in the area in which the waterway segment is located; and

(d) Be sent to affected property owners, persons who request such notices, and other interested persons (for example, local government, watershed councils, etc.).

(2) If the Land Board decides to reject a request to undertake a study, the Division shall provide written notice of the Land Board's decision to the requester.

(3) A draft navigability study of the waterway segment shall be prepared by the Division for public review and comment. This report shall contain the Division's proposed draft findings and conclusions as to whether or not the waterway segment is navigable.

(4) The Division shall give public notice of the completion of the Draft Navigability Report. This notice shall be called "Notice Of Availability Of Draft Navigability Study Report" and shall:

(a) Present the Division's proposed draft findings and conclusions as to whether the subject waterway is navigable;

(b) Describe how the public may obtain a copy of the Draft Navigability Report, comment on, and/or present additional evidence concerning the study;

(c) Give the date(s), time(s), and location(s) of public hearings concerningthe study, and the public comment period;

(d) Give the date and time of the Land Board meeting at which additional public testimony will be heard;

(e) Be published not less than once each week for three (3) successive weeks in a statewide newspaper, and also a newspaper of general circulation in the area in which the land underlying the subject waterway segment is located; and

(f) Be sent to affected property owners, persons who request such notices, and other interested persons (for example, local government, watershed councils, etc.). The Division shall also send a copy of the Draft Navigability Study to county public libraries in the area of the subject waterway segment.

(5) The Division shall hold at least one hearing in the area of the waterway segment to obtain public input.

(6) After the public hearings have been held, the Division shall analyze the input received and shall submit the following information to the Land Board:

(a) The Draft Navigability Report;

(b) A summary of all input received by the Division in response to the Draft Navigability Report; and

(c) The Division's draft findings and conclusions as to whether the subject waterway segment is navigable, citing information in the hearing record to support and/or refute the conclusion(s) made. This information shall be presented to the Land Board at a scheduled meeting. The Division's recommendations shall be made available to the public at least seven (7) calendar days prior to the Land Board meeting. The public shall be given an opportunity at this meeting to submit additional testimony to the Land Board. The comment period shall close seven (7) calendar days after this Land Board meeting, unless extended by an action of the Land Board.

(7) The Division shall consider and summarize all the input and testimony received and shall prepare a Final Navigability Report.

Or. Admin. Code § 141-121-0030

LB 4-1996, f. & cert. ef. 6-14-96

Stat. Auth.: ORS 273 .041 - ORS 273 .185 & ORS 274 .400 - ORS 274 .412

Stats. Implemented: ORS 274 .400 - ORS 274 .412