Current through Register Vol. 63, No. 9, September 1, 2024
(1) The
compensation for an authorization for remediation necessitated by operations at
an orphan site as determined by and under the management of the ODEQ or EPA
shall be five hundred ($500) dollars. If at any point a party is located to
perform or pay for the remediation of what had previously been designated an
orphan site, that party must compensate the Department for the cost of that use
of state-owned land according to these rules.
(2) The minimum compensation for any
authorization issued under these rules shall be one thousand dollars ($1,000),
with the following exceptions:
(a)
Authorizations meeting the provisions of OAR 141-145-0060(1), and;
(b) Proposed uses determined by the
Department to have a "no or minimal impact" in OAR 141-145-0060(4)(a). Uses
considered to have a "no or minimal impact" in 141-145-0060(4)(a) require no
compensation.
(3)
Subject to the base minimum compensation established in OAR 141-145-0060(2),
the method for calculating compensation due for an authorization issued under
these rules shall be determined through the following formula.
COMP = AV x LA x SDI
NOTE: Formula Explanation
AV= Appraised value or assessed value (as defined in OAR
141-145-0005(3) and (4) of these rules) whichever is less except as stated in
OAR 141-145-0060(7). AV is expressed as a value per square foot.
LA= Authorized use area in square feet of state-owned submerged
and submersible land.
SDI= Defined in OAR 141-145-0005(32). SDI is expressed as a
percentage in this formula.
COMP= Compensation due to the Department for the
authorization.
(a) For access
authorizations, compensation due to the Department for the authorization will
be a one-time payment determined by the formula COMP = AV x LA x SDI.
(b) For easements, compensation
due the Department for the authorization will be a one-time payment that is the
lesser of:
(A) [(AV x LA x SDI)/30] x number
of years authorized; or
(B) Flat
rate method for a non-marine use (as described in Division 82) of $0.5301 per
square foot (which will be increased each year on July 1st by three percent) x
LA x number of years authorized.
(c) For conservation easements, compensation
due the Department for the authorization will be a one-time payment equal to AV
x LA x 50%.
(d) For lease
authorizations, annual lease payment calculation is the lesser of the:
(A) AV x LA x SDI x 5%; or
(B) Flat rate method for a non-marine use (as
described in Division 82) of $0.5301 per square foot (which will be increased
each year on July 1st by three percent) x LA
(4) The Site Diminishment Impact percentage
for an access authorization is calculated by the Department as follows:
(a) A proposed use is considered to have a
"no or minimal impact" and an SDI of 0% if the Department determines:
(A) The proposed use would not impose any
public trust use restrictions that last more than fourteen (14) consecutive
days per calendar year, and
(B)
The proposed use would not limit or constrain the Department in issuing other
waterway authorizations administered under Division 82.
(b) A proposed use is considered to have a
"moderate impact" and an SDI of 3.5% if the Department determines:
(A) The proposed use would impose one public
trust use restriction that lasts more than fourteen (14) consecutive days, or
(B) The proposed use would limit
or constrain the Department in issuing other waterway authorizations
administered under Division 82.
(c) A proposed use is considered to have a
"significant impact" and an SDI of 7% if the Department determines:
(A) The proposed use would impose more than
one public trust use restrictions that last more than fourteen (14) consecutive
days, or,
(B) The proposed use
would preclude the Department from issuing any other waterway authorizations
administered under division 82.
(5) The Site Diminishment Impact for an
easement or lease is calculated by the Department as follows:
(a) A proposed use is considered to have "no
or minimal impact" and an SDI of 1% if the Department determines that:
(A) The proposed use would not impose any
public trust use restrictions that last more than fourteen (14) consecutive
days per calendar year, and
(B)
The proposed use would not limit or constrain the Department in issuing other
waterway authorizations administered under Division 82.
(b) A proposed use is considered to have a
"moderate impact" and an SDI of 50% if the Department determines that:
(A) The proposed use would impose one public
trust use restriction that lasts more than fourteen (14) consecutive days, or
(B) The proposed use would limit
or constrain the Department in issuing other waterway authorizations
administered under division 82.
(c) An easement or lease is considered to
have a "significant impact" and an SDI of 100% if the Department determines
that:
(A) The proposed use would impose more
than one public trust use restrictions that last more than fourteen (14)
consecutive days, or,
(B) The
proposed use would preclude the Department from issuing any other waterway
authorizations administered under division 82.
(6) In calculating compensation under these
rules, applicants may substitute an appraised value of the adjacent riparian
tax lot or as determined by the Department, a comparable tax lot in place of
the assessed value. The Department reserves the right to evaluate, review, and
challenge the appraisal. The appraisal shall be conducted at the applicant's
expense. If the appraisal is used by the Department to calculate the
compensation, the Department will credit one-half of the cost of the appraisal
to the applicant's compensation. In the event of a dispute between the
Department and the applicant, the value shall be determined through the
three-appraiser method specified in ORS
274.929(3).
(7) If in the process of
calculating compensation, the AV is found to be depressed due to the presence
of hazardous substances or some other extenuating circumstance(s) as determined
by the Department, another comparable upland tax lot shall be selected by the
Department as the basis for calculating the compensation. The applicant may
suggest a comparable tax lot or may appeal the Department's selection as
allowed in OAR
141-145-0090.
Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS
274
