OAR 141-123-0070
General Easement Terms and Conditions
(1)
Easements shall be offered by the Department for the minimum area and term determined by the Department to be required for the requested use or development. Unless otherwise authorized by the Director, the minimum width of an easement shall be no less than 15 feet.(2) The applicant shall have ninety (90) calendar days from the date of offer to execute an easement with the Department. The Department may revoke the offer after ninety calendar days, at which time the applicant may re-apply for an easement in accordance with OAR 141-123-0040 (Easement Application Requirements).
(3) The Department may grant additional easements which, as determined by the Department, do not substantially interfere with other authorized easements within a given area.
(4) Easements shall be offered for a term no longer than thirty (30) years, unless otherwise authorized by the Director.
(5) The Department may, upon request of the applicant, grant permanent easements only for the following uses of state-owned land:
(a) State, county and city-owned bridges if the application contains a full surveyed legal description for each bridge and the appropriate compensation required by these rules; and
(b) Structures or facilities necessary for the use of water as provided in OAR 141-123-0100 (Easements for Structures and Facilities Necessary for the Use of Water).
(6) Requests for permanent easements shall be taken to the State Land Board for review and approval.
(7) An easement granted by the Department will generally be to a specific person for a specific use, location, and term. The Holder of an easement must apply to and obtain prior written approval from the Department as provided in OAR 141-123-0040 (Easement Application Requirements) prior to:
(a) Changing the authorized use;
(b) Transfer of ownership;
(c) Expanding the number of authorized developments or uses;
(d) Changing the authorized area; or
(e) Permitting other persons to utilize the authorized area for uses and developments requiring separate authorization by the Department (for example, attachment of cables, conduits, or pipes under a bridge already authorized by an easement).
(8) State-owned submerged and submersible land must remain open to Public Trust Uses unless a restriction is approved by the Department or other agencies with jurisdiction over navigation or public safety.
(a) Notwithstanding the provisions of Division 88, a Holder may close all or a portion of the authorized area to Public Trust Uses, or restrict Public Trust Uses within all or a portion of the authorized area, provided the closure or restriction is:
(A) Reasonably necessary to protect persons and property from harm arising from Holder’s authorized use of the submerged and submersible land;
(B) Limited in duration; and
(C) Limited in scope.
(b) If the proposed closure or restriction is wholly or partially within the navigation channel of the waterway as established by the United States Coast Guard, or is located in such a way as to increase traffic in or otherwise impact use of the navigation channel, Holder shall consult with the United States Coast Guard, the Oregon Marine Board and any applicable port prior to implementing the closure or restriction. Holder must comply with all requirements imposed by the United States Coast Guard and the Oregon Marine Board.
(c) The Holder must provide written notice to the Department no less than fourteen (14) days prior to the implementation of any closure or restriction. The written notice must identify the need for and the scope, and duration of the closure or restriction, and must certify that Holder has consulted and received approval from the United States Coast Guard and the Oregon Marine Board regarding the closure or restriction.
(d)The Department, in its sole discretion, may at any time require Holder to terminate or modify the closure or restriction. The Department, in its sole discretion, may at any time require the closure or restriction to be established pursuant to OAR 141-088.
(9) The Department or its authorized representative(s) shall have the right to enter into and upon the authorized easement area at any time for the purposes of inspection or management.
(10) Routine right-of-way maintenance including, but not limited to vegetation trimming and the application of state-approved herbicides will be allowed as specified by the easement conditions. However, except as expressly authorized in writing by the Department, an easement Holder will not otherwise remove any sand, gravel, or other mineral or natural resources within the authorized area for commercial use or sale.
(11) The Holder of an easement must conduct all operations within the authorized area in a manner that conserves fish and wildlife habitat; protects water quality; and does not contribute to soil erosion, or the introduction or spread of noxious weeds or pests. Upon completion of construction, disturbed lands shall be reclaimed as specified by the Department.
(12) The Holder of an easement must maintain all buildings, pipelines, cables, and other developments or items placed in or on state-owned land in a good state of repair.
(13) Applicants for an easement may be required to obtain:
(a) Insurance, bond or other guarantees of performance required by the Department in the exercise of its reasonable discretion if, in the opinion of the Department, the use constitutes a risk to other users of the area, to public safety, or to the State of Oregon, or if required by Oregon state law. The Department may:
(A) Request that the applicant for, or the Holder of an easement provide information concerning the use or development to the Risk Management Division of the Oregon Department of Administrative Services, which may assist the Department in determining the appropriate amount of insurance coverage based on the nature of the use, and
(B) Require that the State of Oregon be named as an additional insured party in any such policy.
(b) A surety bond in an amount to be determined by the Department to ensure that the easement Holder will perform in accordance with all terms and conditions of the authorization; or a cash deposit in an amount equal to the amount required for a surety bond.
(14) Easement Holders must inspect the condition of the easement area and the developments placed on it on a frequency to be determined by the Department in consultation with the easement Holder and other interested parties.
(15) Unless otherwise agreed to in writing in the easement, the Holder of an easement which does not have a permanent term must terminate all use and remove any or all developments or uses placed within the easement area upon expiration or cancellation of the easement. If the Holder of the easement refuses to terminate their use or remove their developments, the Department may remove them and charge the Holder for doing so.
(16) The Holder of an easement must indemnify the State of Oregon and the Department against any claim or costs arising from or related to a release of a hazardous substance on or from the authorized area resulting from the actions or negligence of the easement Holder.
(17) A term easement that is exempt from fees may be subject to the future imposition by the Department of a consideration payment, and/or usage fee to be established by the State Land Board as authorized by law.
Source:
Rule 141-123-0070 — General Easement Terms and Conditions, https://secure.sos.state.or.us/oard/view.action?ruleNumber=141-123-0070.