(1)Any person owning a wharf located on state-owned submerged and submersible lands must certify that the structure is a wharf. The certification of the wharf shall be on a form provided by the Department. There is no fee associated with submission of a wharf certification.
(2)Upon receipt of a wharf certification form, the Department shall review it for completeness. If the structure is a wharf as defined in ORS 780.040 (When landowner may construct wharf) and in these rules, the Department shall issue to the owner a written certification that the structure is a wharf. There is no compensation due the Department for a wharf certification.
(3)In applying the definition of a wharf as set forth in ORS 780.040 (When landowner may construct wharf) and in these rules, the following criteria will apply, where appropriate:
(a)A “government function,” as used in this section, is an activity engaged in by federal, state or local government agencies in order to protect the health and safety of the public they serve;
(b)A ship, boat or vessel owned by a federal, state, or local government agency is engaged in a government function if it is exclusively dedicated to the performance of a government function and is either currently engaged in the performance of a government function (such as a ship owned or under contract to a government agency such as the United States Navy, United States Coast Guard, United States Army Corps of Engineers, or a fire, police or sheriff’s department), or if not currently engaged in the performance of a government function, is able to be quickly activated to perform the function for which it is dedicate (such as a United States Maritime Administration Ready Reserve Force ship).
(c)A structure used to load and unload passengers from a ship, boat or vessel transporting passengers (such as a passenger ferry, cruise ship, or tour boat) is not a structure engaged in the receipt and discharge of goods or merchandise.
(4)A wharf certification is valid for a term of ten years from the date it is issued. Upon expiration of a wharf certification, the owner thereof must recertify that the structure is a wharf as set forth above.
(5)If the Department does not certify the structure as a wharf, the owner thereof must obtain the appropriate authorization from the Department in compliance with these rules. Unauthorized structures must be removed pursuant to OAR 141-082-0310 (Removal of Unauthorized Structures).
(6)A wharf certified in compliance with these rules may be repaired or replaced without prior notice to the Department. However, the owner of the wharf must notify the Department in writing describing the repair or replacement within 90 calendar days of making such repairs or replacement.
(7)The Department must be notified in writing of any:
(a)Change in the location, size, or use of the wharf at least 90 calendar days prior to such change;
(b)Change in ownership of the wharf as a result of a sale or conveyance within 90 calendar days of the transfer of ownership.
(c)Change in ownership of the wharf by operation of law resulting from a bankruptcy, foreclosure, estate settlement, or the like within 30 calendar days of the final settlement or decision. Failure of the owner to notify the Department of a change in the location, size, use, or the ownership of the wharf within the time provided shall result in the automatic termination of the wharf certification.
(8)The Department shall provide a copy of the wharf certification to the appropriate county official in the county where the wharf is located.
(9)If a structure is used in part as a wharf and in part for a use or uses that are subject to authorization under these rules, the owner must obtain the appropriate authorization for such use or uses from the Department in compliance with these rules.
Rule 141-082-0270 — Wharf Certification,