Current through Register Vol. 63, No. 3, March 1, 2024
(1) Fees -- each
application filed under ORS
390.640, for an alteration on
the ocean shore shall be accompanied by a processing fee for the purpose of
partial recovery to the department of its administrative costs. The fee shall
be determined according to the construction value of the project. The
application processing fee shall be:
(a) $400
for projects with a construction value less than $2,500; and
(b) $400 plus three percent of the
construction value over $2,500 for projects with a construction value equal to
or greater than $2,500.
(2) In determining the construction value of
a proposed project, the Department:
(a) May
consider the entire project, not just that portion on the ocean shore. Examples
of, but not the only, projects where the entire alteration may be considered in
establishing construction value include, ocean shore protective structures such
as riprap revetments, concrete seawalls, and other hard structures of wood,
metal, rock or concrete; dynamic revetments, log, cobble and sand berms and
other non-structural forms of ocean shore protection;
(b) May, in its discretion, consider only
that portion of a project on the ocean shore. Examples of, but not the only,
projects where only that portion of the alteration on the ocean shore may be
considered in establishing construction value include, stairways, ramps and
other access and viewing facilities, sand removal, beach nourishment, dune
grading and vegetation management;
(c) May assess only the base fee to public
agencies proposing projects whose primary purpose is to improve public access
to the ocean shore, or maintain, repair or replace existing public
infrastructure on the ocean shore regardless of construction value;
(d) May waive the application fee for public
agency applications proposing projects that would have the primary purpose of
enhancing the natural, resource, scenic, recreational and economic values of
the ocean shore, or restoring native beach or dune habitat, contributing to the
recovery of sensitive species, including state and federally listed threatened
and endangered species or otherwise benefitting the native biological values of
the ocean shore.
(3)
Evidence the Department may consider in establishing the construction value of
a project shall include:
(a) Itemized
estimates from licensed, bonded, contractors;
(b) Construction values accepted by the
county or city for purposes of issuing local permits;
(c) Itemized costs of equipment rental and
other such charges if the project is completed by the property owner;
(d) Estimates that reflect unit costs
typically associated with the type, quality and standards of construction
proposed in the application; and
(e) Other evidence of costs acceptable to the
Department if (a), (b), (c), or (d) of this section are not
available.
(4) The
Department may require an applicant to provide additional information,
supporting evidence or seek additional independent bids for a project if the
Department believes the project costs represented by the applicant are not
reflective of costs typically associated with the type, quality and standards
of construction proposed in the application.
(5) Refunds -- if a written request is
received to withdraw an application, application fees may be refunded according
to the following schedule:
(a) If the
application is withdrawn within the first three working days following the date
of submittal, the entire application fee shall be refunded;
(b) If the application is withdrawn prior to
the close of the 30-day notice posting period described in ORS
390.650(3),
one-half of the amount in excess of the $400 basic application fee shall be
refunded;
(c) No refund shall be
made for an application withdrawn more than 30 days after the date of
submittal.
(6) No fee
reductions shall be allowed for modifications to an application, made after an
application is submitted to the Department, that result in a reduced
construction value.
(7) The
Department may assess such additional fees as it determines necessary to cover
increased construction value resulting from modifications to a proposed project
made after the application is submitted to the Department. In assessing such
additional fees, the Department shall be governed by the provisions of sections
(1) through (4) of this rule.
Stat. Auth.: ORS
390.124
Stats. Implemented: ORS
390.605 - ORS
390.770 & ORS
390.990 - ORS
390.995
