Statutes, codes, and regulations
Oregon Administrative Code
Chapter 141 - DEPARTMENT OF STATE LANDS
Division 140 - RULES GOVERNING THE PLACEMENT OF OCEAN ENERGY CONVERSION DEVICES ON, IN OR OVER STATE-OWNED LAND WITHIN THE TERRITORIAL SEA
Section 141-140-0040 - Pre-Application Requirements

Or. Admin. Code § 141-140-0040

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Current through Register Vol. 63, No. 12, December 1, 2024
Section 141-140-0040 - Pre-Application Requirements
(1) Prospective applicants shall meet with Department staff to discuss the proposed project and use before submitting a preliminary application to the Department. This meeting may be in person or through other means acceptable to the Department. The Department may invite other government entities and affected stakeholders to take part in this meeting. Common invitees include city and county representation, the Oregon Department of Fish and Wildlife, the Department of Land Conservation and Development and the Oregon Parks and Recreation Department.
(2) A person wanting to attain a temporary use authorization or ocean renewable energy facility lease must submit a preliminary application on a form provided by the Department.
(3) A preliminary application shall be accompanied by a non-refundable fee payable to the Department in the amount of $1,000.
(4) A person applying to attain a temporary use authorization to test at the NNMREC is exempt from the provisions of OAR 141-140-0040(2) through (3), and may submit an application for a temporary use authorization upon completion of OAR 141-140-0040(1).
(5) Upon receipt of a preliminary application for a temporary use authorization or ocean renewable energy facility lease, the Department will determine if it is complete. Applications determined by the Department to be incomplete shall be returned to the applicant with an explanation of the reason(s) for rejection.
(6) If a rejected application is resubmitted within 60 calendar days from the date that the Department returned it to the applicant (as indicated by the date of the postmark) with all deficiencies noted by the Department corrected, no additional preliminary application fee will be assessed.
(7) If more than one application for a proposed area is received by the Department for the same or conflicting uses, the Department reserves the right to determine which proposed use(s) best fulfills the policies specified in OAR 141-140-0030, and accept and proceed with that application and deny the other(s).
(8) Upon acceptance by the Department of a preliminary application as complete, the Department will convene the JART as described in Part Five of the Territorial Sea Plan.
(9) The JART will review the preliminary application, and comment on the adequacy of the preliminary application, areas of concern, and areas where more information is needed.
(10) The Department and the JART will meet with the applicant to discuss the preliminary application:
(a) The Department and the JART will provide input to the applicant on how to complete the Resource and Use Inventory and Effects Evaluation and the Special Resource and Use Review Standards as described in Part Five of the Territorial Sea Plan.
(b) The Department and the JART will provide input to the applicant on the development of the Operation Plan, if required, as described in Part Five of the Territorial Sea Plan.
(11) The Department, with review of the JART, may waive inventory content when items are deemed non-applicable.

Or. Admin. Code § 141-140-0040

DSL 5-2007, f. 10-12-07, cert. ef. 12-1-07; DSL 5-2017, amend filed 12/28/2017, effective1/1/2018

Statutory/Other Authority: ORS 273, ORS 274, ORS 183 & ORS 274.870-879

Statutes/Other Implemented: ORS 274.870-879