Compensation Exempt Activities
(1)Numerous exemptions to the payment of compensation to the Department are provided in ORS 274.550 (Removal of material without payment of royalties).
(2)Compensation is not owed to the Department if:
(a)The material is removed or used for a public purpose, and
(b)The Department is notified in writing of the proposed removal, use or disposal for a public purpose at least 30 days prior to when the removal, use or disposal will begin.
(3)The exemption provided in OAR 141-014-0320 (Compensation Exempt Activities)(2) exists regardless of when the material is removed or used for a public purpose (even if it is taken from the place first deposited) as long as the notification requirements are met.
(4)A public purpose occurs when the material is:
(a)Removed for channel or harbor improvement or flood control;
(b)Used to fill, dike or reclaim land owned by the state or a political subdivision if that land is located not more than two miles from the bank of the waterway from which the material was removed;
(c)Used to create, maintain or enhance fish or wildlife habitat;
(d)Used to maintain public beaches;
(e)Removed because it is determined to be contaminated with a hazardous material (as defined in ORS 466.605 (Definitions for ORS 466.605 to 466.680));
(f)Used by a state agency or political subdivision to fill any portion of a waterway up to an elevation of one foot above the line of ordinary high water of that waterway;
(g)Used solely for a public purpose by a political subdivision; or
(h)Otherwise exempt from payment of compensation by state law.
(5)In addition, any person may remove up to 50 cubic yards of material (or the equivalent weight in short tons) per calendar year for that person’s own exclusive non-commercial use without payment of compensation to the Department. However, no such removal is authorized unless the person:
(a)Gives written notification to the Department at least 30 calendar days prior to removing the material; and
(b)Obtains any other authorizations required by the Department (such as a Removal-Fill Permit) and other applicable local, state, and federal governing bodies to undertake the removal.
(6)Except in the case of material determined to be contaminated, these exemptions no longer apply and compensation is owed and must be paid to the Department if the material is:
(a)Removed from the place first deposited after removal from state-owned submerged and submersible land and not used for a public purpose;
(b)Sold or used as an article of commerce; or
(c)Removed without notifying or applying, or both notifying and applying to the Department in writing within the required time periods stipulated in OAR 141-014-0320 (Compensation Exempt Activities)(2)(b) and (5)(a).
(7)Although material may be exempt from payment of compensation to the Department, any person wanting to remove or use material must apply for and receive an authorization from the Department pursuant to these rules prior to such removal or use.
Rule 141-014-0320 — Compensation Exempt Activities,