Policies and General Provisions
(1)Pursuant to Article VIII, Section 5(2) of the Oregon Constitution, the State Land Board, through the Department, has a constitutional responsibility to manage all Trust and Non-Trust Land under its jurisdiction “with the object of obtaining the greatest benefit for the people of this state, consistent with the conservation of this resource under sound techniques of land management.”
(2)The Department will follow the guiding principles and resource-specific management prescriptions contained in the Asset Management Plan, and consider the comments received from federal, state and local governments, Indian Tribes and interested persons when determining whether to authorize or condition a lease or license for the removal or use of material.
(3)All material removed from state-owned submerged and submersible land continues to be owned by the state regardless of whether it is placed on state land or land belonging to another person until such time that:
(a)A written transfer of ownership of the material is issued by the Department as authorized by these rules;
(b)The parcel, including the material, is sold or exchanged by the Department to another person; or
(c)The material is exempt by law from the provisions of these rules.
(4)All persons wanting to remove or use material must, as required by these rules, either apply for and obtain an authorization from the Department, or notify the Department in writing prior to proceeding with the removal or use.
(5)The Department will not grant a lease or license if it determines that the proposed removal or use of the material:
(a)Is in an area that the Department has closed to this activity;
(b)Would unreasonably impact uses or developments proposed for, or already in place within the requested area. Such a determination will be made by the Department after consulting with holders of leases, licenses, permits and easements granted by the Department in the requested area, and other interested persons;
(c)Will be conducted in a manner that:
(A)Does not conserve fish and wildlife habitat;
(B)Does not protect water quality; or
(C)Contributes to soil erosion or the introduction or spread of noxious weeds or pests;
(d)Will significantly impact the rights of the public to use a waterway for fishing, recreation, navigation and commerce;
(e)Does not conform with local (including local comprehensive land use planning and zoning ordinance requirements), state and federal laws; or
(f)Will not be in the best interests of the State of Oregon.
(6)If an application to remove or use material is in an area where the amount of material that can be removed is limited by law (for example, in Essential Indigenous Anadromous Salmonid Habitat or a State Scenic Waterway), the Department will condition the amount of material that can be removed or used based on the statutes and administrative rules governing this activity in these areas.
(7)To the extent required by law, the Department shall honor the terms and conditions of any existing valid authorization for the removal or use of material including any that entitle the holder to renew the authorization.
Rule 141-014-0220 — Policies and General Provisions,