Current through Register Vol. 63, No. 3, March 1, 2024
(1) All
permits issued under these division 20 rules may be conditioned to avoid,
minimize or mitigate impact to the ocean shore, assure public safety, preserve
the natural, scenic, recreational and economic values of the ocean shore and
require the applicant to comply with the rules of other federal, state, and
local agencies with jurisdiction over the permitted activity.
(2) The following conditions shall apply to
any permit for a project authorized by the Department under ORS
390.640,
390.715,
or
390.725.
(a) Permittee shall agree to save and hold
harmless the State of Oregon, the Commission, and its members, and all
officers, agents and employees of the Department, from any claim, suit or
action whatsoever for damages to property, or injury or death to any person or
persons due to negligence of permittee, its or their officers, agents or
employees, and arising out of the performance of any work or project covered by
the granting of a permit.
(b) In no
event shall the issuance of any permit hereunder be construed as a sale, lease,
granting of easement or any form of conveyance of the state recreational area,
ocean shore or submerged lands.
(c)
As a condition to the granting of a permit hereunder, the Department may, in
its discretion, require the permittee to provide a cash or performance bond in
an amount sufficient to assure full compliance with the terms of the
permit.
(d) The duration of any
permit granted hereunder shall be solely within the discretion of the
Department. The Director may revoke, suspend or not renew an ocean shore permit
only after giving notice and opportunity for a hearing as provided in ORS
183.415
to
183.430,
183.440
to
183.460,
and
183.470.
(e) The permittee shall comply with the
provisions of ORS
390.235
through
390.240,
358.905
through
358.955, and
OAR 736-051-0060 through 736-051-0090 as these statutes and other statutes and
rules affect the discovery, excavation, salvage, removal and disposition of
archaeological resources and the permitting requirements for these activities
as they affect archaeological sites on public and private land.
(f) If, during the period covered by any
permit, the permittee shall fail to comply with the conditions provided herein
and otherwise imposed by the Department, the Department shall exercise its
authority under ORS
390.663,
and the provisions of OAR 736-020-0100 to cease any further activity by the
permittee on the ocean shore except as directed by the Department. In such
circumstances, the Department may assess a civil penalty according to the
provisions of OAR 736-080-0005 through 736-080-0070.
(3) In addition to the permit conditions
listed in sections (1) and (2) of this rule, for any permit issued under ORS
390.640,
the permittee shall file with the county clerk in the county where the permit
applies, a Memorandum of Permit Issued, to be attached to the deed for the
property where the permit applies. The permittee shall pay any and all filing
and recording costs and shall supply to the Director a copy of the recorded
instrument as proof of compliance with this permit condition.
(4) In addition to the permit conditions
listed in sections (1) and (2) of this rule, the following conditions shall
also apply to permits for projects authorized by the Department under ORS
390.715.
(a) If at any time subsequent to the
installation of a pipeline, cable or conduit, the physical characteristics of
the state recreation area, ocean shore or submerged lands shall change, whether
due to natural or other causes, and by reason thereof the location of such
pipeline, cable or conduit shall constitute a hazard to the public or is
thereby detrimental to the preservation of the economic, scenic, and
recreational value of the ocean shore, the permittee shall, at the request of
the Department, make such changes in the location and installation thereof as
will eliminate such hazard or detrimental condition. In any event, no permit
shall be granted for the construction and installation of any pipeline, cable
line, or other conduit, less than 2-1/2 feet below the lowest known surface
elevation of the ocean shore, state recreational areas, or submerged
lands.
(b) The Department may,
where it deems necessary, require the permittee to agree to protect the state
from any damages which might result from leaks, breaks or other malfunctions of
the subject pipeline, cable or conduit.
(c) The permittee shall submit "as built"
drawings following the completion of any pipeline, cable line, or conduit
constructed on the ocean shore.
(d)
The permittee shall notify the Department in writing at such time as any
pipeline, cable line, conduit, or any portion of any pipeline, cable line or
conduit authorized by an ocean shore permit and belonging to the permittee
shall be sold or otherwise transferred to another party.
Statutory/Other Authority: ORS
183.545, 184,
390.605 et seq. &
390.124
Statutes/Other Implemented: ORS 390.605 - 390.770 &
390.990 - 390.995
