OAR 736-020-0070
Terms and Conditions of Permit
(1)
Under an emergency permit authorization, material placed on the ocean shore, other than beach sand moved for watercourse alterations, shall be considered temporary and shall be removed within a time specified by the Department, except as specified in section (3) of this rule. At the time of removal, the permittee shall be responsible for restoring to as natural a condition as possible, as determined by the Department, the natural resource, scenic and recreational values of the ocean shore.(2)
The Department may impose conditions on the project size, design, and materials used in order to meet the objectives of the Permit Standards of ORS 390.655 (Standards for improvement permits) and Beach Construction/Alternation Standards of OAR 736-020-0005 (Factors Evaluated) through 736-020-0030 (Natural and Cultural Resource Standards).(3)
The permittee shall apply for an ocean shore permit, as specified in ORS 390.650 (Improvement permit procedure), in order to seek approval to convert the temporary project approved under an emergency permit into a permanent ocean shore alteration. If a permanent permit is not applied for and approved by the Department, then all material placed on the ocean shore shall be removed and the condition of the ocean shore restored, in compliance with the conditions of the emergency permit.(4)
At the Department’s discretion, the Department may require a cash bond, or other security acceptable to the Department, to ensure that the permittee complies with the terms of the permit, including removal of material. Failure of the permittee to comply with the terms and conditions of the permit shall authorize the Department, without further notice, to conduct the work necessary to complete the required terms and conditions and deduct any and all costs and expenses for the work.(5)
The Department shall deduct from the cash bond or other security, all legal costs associated with the emergency permit, including, but not limited to, enforcement of permit conditions, and acquisition of funds from the cash bond or other security. The Department shall pursue all available legal or judicial alternatives to recover costs incurred by the public resulting from non-compliance with the terms and conditions of any emergency permit.
Source:
Rule 736-020-0070 — Terms and Conditions of Permit, https://secure.sos.state.or.us/oard/view.action?ruleNumber=736-020-0070.