Current through Register Vol. 63, No. 9, September 1, 2024
(1) Except as provided by OAR 141-122-0010(4)
(Purpose and Applicability) and 141-122-0100 (Easements Issued on Common School
Forest Land), any person wanting to use state-owned land for any of the
purposes described in OAR 141-122-0010(2) and (3) must:
(a) Apply to the Department for the easement
using a form provided by the Department; and
(b) Submit a non-refundable application fee
as provided in OAR 141-122-0040(3) payable to the Department to cover the
administrative costs of processing the application and issuing the
authorization. When applying for an easement for a structure or facility
necessary for the use of water as described in OAR 141-122-0105, a person may
submit to the Department a copy of their application to the Department of Water
Resources for a right to use water in lieu of using the Department's easement
application form.
(2)
Unless otherwise exempt under the provisions of OAR 141-122-0010(4) (Purpose
and Applicability), each individual use of, or development placed on
state-owned land must be authorized by a separate easement specifically
authorizing only that use or development.
(a)
With regard to a conduit, regardless of the number of innerducts or fiber optic
cables contained within the conduit, each cable or innerduct is considered an
individual use subject to authorization by an easement.
(b) With regard to electric power
transmission lines, one transmission line with one or more circuits will
constitute an individual use subject to authorization by an easement.
Additional parallel transmission lines owned by the same entity with one or
more circuits may be included in the same individual use so long as such
parallel lines are located within the designated boundaries of the easement.
(3) The application fee
for all easements is as follows:
(a) Utility
Easements $750
(b) All Other Trust
Land Easements: $1,500.00
(c)
Application fee for all structures or facilities necessary for the use of water
on submerged land subject to an easement is $125.
(4) A single easement application form may be
used to request:
(a) Multiple easements
required for a single pipeline, cable, or similar use or development which
cross one or more parcels of state-owned land
(b) An easement for all state, county or
city-owned bridges within a single county, or
(c) An easement for one or more identical
uses or developments which cross the same parcel of state-owned land or
state-owned waterway, for example, two parallel pipelines.
(6) An easement application for a conduit
must include a cross-sectional drawing that shows the proposed use and the
remaining conduit space available for future use.
(7) A fully completed application must be
submitted to the Department at least 90 calendar days prior to the proposed use
or placement of a development subject to a term easement on state-owned land,
unless otherwise allowed by the Director in writing
(8) A fully completed application must be
submitted to the Department at least 120 calendar days prior to the proposed
use or placement of a development that is eligible for a permanent easement on
state-owned land, unless otherwise allowed by the Director in
writing.
(9) Any person holding a
valid easement (other than a permanent easement) granted by the Department
prior to the adoption of these rules who wants to continue holding the
authorized area following the expiration of the easement for a use subject to
easement must:
(a) Apply to the Department for
a new easement and pay the required application fee 180 calendar days prior to
the expiration of the easement as provided in OAR 141-122-0040(1), unless
otherwise allowed by the Director in writing; and
(b) Pay the compensatory payment required by
OAR 141-122-0060 at such time that the Department has reviewed and approved the
easement application request pursuant to OAR 141-122-0050(9) and
(10).
Statutory/Other Authority: ORS
273.045
Statutes/Other Implemented: ORS
273.761,
274.040,
274.720,
376.620,
530.050,
530.490 & 758.010
