Waterway Marker Permits Required and Exemptions
(1)No person or political subdivision shall place or cause to be placed any waterway marker in, on, or over the waters of this state without a permit from the Marine Board after July 1, 2015.
(2)Regulatory markers established before July 1, 2015, including markers deployed year-round and markers deployed seasonally, when supported by statute or rule, are exempt from the permit requirements of OAR 250-010-0215 (Application for Waterway Marker Permit) to 250-010-0235 (Discontinuance and Removal of Waterway Markers) until the equipment is replaced. Existing regulatory markers that are not supported by statute or rule or that are an unreasonable hazard to navigation are subject to the removal provisions of 250-010-0235 (Discontinuance and Removal of Waterway Markers)(4).
(3)A Marine Board waterway marker permit does not relieve the applicant from obtaining other federal, state or local permits, licenses, or approval which may be required.
(4)The permit requirements of OAR 250-010-0206 (Waterway Marker Permits Required and Exemptions) to 250-010-0235 (Discontinuance and Removal of Waterway Markers) shall not apply to:
(a)The US Government or its agencies, nor to any aid to navigation, waterway marker, mooring buoy, or other similar device placed by the US Government or its agencies on federally navigable waterways;
(b)Contracted law enforcement agencies placing markers purchased and owned by the Marine Board;
(c)Persons or political subdivisions placing a special use device if the owner of the special use device applied for and received a special used device permit as specified in OAR 250-010-0097 (Application for Special Use Device Permits).
(d)Persons or political subdivisions placing waterway markers used only during a marine event approved under OAR 250-010-0095 (Application for Marine Events).
Rule 250-010-0206 — Waterway Marker Permits Required and Exemptions,