Oregon Administrative Rules
Chapter 736 - PARKS AND RECREATION DEPARTMENT
Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS
Section 736-020-0040 - Pipelines or Conduits Under Ocean Shore: Policy, Compensation
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Pursuant to ORS 390.610(4), it is the policy of the Department to prohibit the use of the ocean shore as a north-south utility, communication, transshipment or conveyance corridor. This prohibition applies to pipelines, conduits, cables, wires, towers, transmission, relay or booster stations and other continuous or intermittent facilities for moving material or services, or transmitting data, information, energy, or other commodity whether for private or public use or benefit. The Department, in its discretion, may make exceptions to this policy in cases of emergency or when need is demonstrated for the project to occur on and alter the ocean shore. Need is demonstrated when practicable alternatives are not available. Benefit to the citizens of Oregon, as a whole, shall be a primary consideration in any decision by the Department to grant an exception to this policy. Cost shall not be the sole reason that an alternative is determined to be not available. For purposes of this section:
(2) Nothing in section (1) of this rule shall prevent the maintenance, repair or replacement of pipelines, cable lines, conduits or other utility corridor facility legally permitted on the ocean shore as of the effective date of this rule.
(3) For the purpose of this rule, streets, roads and highways are not considered utility corridors.
(4) Any applicant seeking an exception to the policy in section (1) of this rule shall be governed by the provisions of OAR 736-020-0001 through 736-020-0032 and OAR 736-020-0040 through 736-020-0120.
(5) Prior to the issuance of any permit under these rules and regulations, the Department shall receive from the prospective permittee, payment of just compensation for the use of the ocean shore. The amount of just compensation shall be at the discretion of the Department. Factors the Department may consider in setting the amount of just compensation may include:
(6) In no case shall just compensation be less than the Department's administrative costs as calculated under the fee provisions in OAR 736-020-0004.
(7) Just compensation payments made under section (2) of this rule are subject to ORS 273.105(2). In accordance with this statute, just compensation payments in excess of the Department's administrative costs of reviewing and processing the application, issuing and administering the permit, and monitoring the project, shall be deposited into the Common School Fund as provided by ORS 273.105(2).
Stat. Auth.: ORS 183.545, ORS 189, ORS 390.605 et seq. & ORS 390.124
Stats. Implemented: ORS 390.605 - ORS 390.770 & ORS 390.990 - ORS 390.995