Or. Admin. Code § 736-080-0010

Current through Register Vol. 63, No. 11, November 1, 2024

Section 736-080-0010 - Definitions

(1) "Alteration" -- means "improvement" as that term is defined by statute, ORS 390.605(1), and included in these definitions at OAR 736-080-0010(8).

(2) "After the Fact Application" -- means an application for an alteration permit under ORS 390.640, a permit for a pipeline, cable or conduit crossing of the ocean shore under 390.715, or an ocean shore product removal permit under 390.725, that is made after the alteration or activity for which the permit is issued has already begun or has been completed.

(3) "Civil Penalty" -- means a monetary penalty imposed by the Director for violation of ocean shore statutes, rules, standards, permit conditions or an order of the Director;

(4) "Commission" -- means the Oregon Parks and Recreation Commission;

(5) "Continuing Notice"-- means that a notice of violation, once issued to a responsible party, continues in effect for a designated period and need not be reissued for the same or similar violation before a notice of civil penalty can be issued.

(6) "Department" -- means the Oregon Parks and Recreation Department;

(7) "Director" -- means the Oregon Parks and Recreation Director;

(8) "Improvement" -- means filling a portion of the ocean shore, removal of material from the ocean shore or a structure, appurtenance or other addition, modification or alteration constructed, placed or made on or to the land (ORS 390.605(1)). For the purpose of these rules, the term "alteration" shall be used in place of "improvement" except as otherwise specified in these rules;

(9) "Ocean Shore" -- means the land lying between extreme low tide of the Pacific Ocean and the statutory vegetation line as described by ORS 390.770 or the line of established upland shore vegetation, whichever is farther inland. "Ocean shore" does not include an estuary as defined in 196.800.

(10) "Property" -- means an upland building, road, street, highway, sewer or water line, or other infrastructure development.

(11) "Responsible Party" -- means the person(s), including the applicant or permittee and their contractors or agents, or the company, organization, local, state or federal agency, or other entity, that is in violation of the ocean shore statutes, rules, standards, permit conditions or order of the Director, pertaining to an alteration on the ocean shore.

Or. Admin. Code § 736-080-0010

PRD 7-2000, f. & cert. ef. 5-10-00

Stat. Auth.: ORS 390.124

Stats. Implemented: ORS 390.605 - ORS 390.770 & ORS 390.990 - ORS 390.995