Or. Admin. Code § 141-121-0040

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

Section 141-121-0040 - Adoption Of Navigability Report

(1) The Division shall select a date and time when it will present the Final Navigability Report to the Land Board, and shall prepare a meeting notice. The notice shall:

(a) Briefly describe the findings and conclusions of the Final Navigability Report and advise people how to obtain a copy;

(b) 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

(c) 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.

(2) The Land Board shall consider the evidence in the record and the Division's findings and conclusions as contained in the Final Navigability Report, and shall make a decision concerning the nature and extent of the state's claim to the land underlying the waterway segment. Based on the information provided, the Land Board may adopt the findings and conclusions contained in the Final Navigability Report if substantial evidence in the record supports the report's findings and conclusions.

(3) If the Land Board adopts the findings and conclusions contained in the Final Navigability Report, it shall issue a written declaration which:

(a) States the nature and extent of the state's claim to the land underlying the subject waterway segment;

(b) Clearly describes the location of the land claimed by the state using common descriptions or maps designed to identify the land or waterway segment in a manner intelligible to the lay person and useful in establishing the exact location of the state claim in relation to existing legal descriptions;

(c) Advises that any person aggrieved may seek judicial review of the declaration subject to the provisions of ORS 183.310 to 183.550;

(d) Is 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 the waterway segment is located; and

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

Or. Admin. Code § 141-121-0040

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