Criteria for issuance of permit
- conditions
- consultation with public bodies
- hearing
- appeal
Source:
Section 196.825 — Criteria for issuance of permit; conditions; consultation with public bodies; hearing; appeal, https://www.oregonlegislature.gov/bills_laws/ors/ors196.html
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Notes of Decisions
Evidence, that known fishery values of submerged Columbia River land proposed for fill appeared to be greater than speculative economic benefits of proposed fill, was insufficient as matter of law to support issuance of permit for fill. Moe v. Division of State Lands, 31 Or App 3, 569 P2d 675 (1977)
Evidence was sufficient to support finding by Division of State Lands that public interest in best use of water resources was better served by retaining petitioner’s salt marsh in unimproved state, rather than permitting petitioner to fill 32 acres of marsh in order to construct recreational complex. Saxon v. Division of State Lands, 31 Or App 511, 570 P2d 1197 (1977)
This section, together with [former] ORS 541.610 and rules promulgated by Division of State Lands, established identifiable standards for determining best use of petitioner’s land adjoining salt marsh. Saxon v. Division of State Lands, 31 Or App 511, 570 P2d 1197 (1977)
Division’s rule that landfill projects are permissible only if for water-related purposes is consistent with legislative directive of this section that landfill projects may not “unreasonably interfere” with preservation of waters for navigation, fishery and recreational use. Morse v. Division of State Lands, 31 Or App 1309, 572 P2d 1075 (1977), Sup Ct review denied
Director of Division of State Lands lacked authority to issue estuarian land fill permit for purpose of extending municipal airport runway, in absence of finding that public need for airport enlargement outweighed detriment to use of waters for navigation, fishing and recreational purposes. Morse v. Oregon Division of State Lands, 285 Or 197, 590 P2d 709 (1979)
Where Director of Division of State Lands failed to make findings relating to public need for dike, order granting permit to maintain dike across tidal slough was reversed. 1000 Friends v. Div. of State Lands, 46 Or App 425, 611 P2d 1177 (1980), Sup Ct review denied
Statutory scheme does not require division to determine what is the best use in given instance; it does require that uses enumerated in [former] ORS 541.610 be considered and that division find that proposed removal is not inconsistent with any one or more of them. Kalmiopsis Audubon Soc. v. Division of State Lands, 66 Or App 810, 676 P2d 885 (1984)
Directive to consider alternatives to project for which fill or removal is proposed requires consideration of development facilitated by proposed fill or removal. Examilotis v. Department of State Lands, 239 Or App 522, 244 P3d 880 (2010)
Department of State Lands may consider only project impacts associated with application’s fill and removal components. Examilotis v. Department of State Lands, 239 Or App 522, 244 P3d 880 (2010)
Where port applied to Department of State Lands for dredge project permit necessary for proposed development at port, department was not required to consider post-construction operational effects when determining whether to issue fill/removal permit because “project” as used in subsection (1) of this section refers to development that involves removal or fill activity, not to ongoing operations once development is complete. Coos Waterkeeper v. Port of Coos Bay, 284 Or App 620, 395 P3d 14 (2017), aff’d 363 Or 354, 423 P3d 60 (2018)
If Department of State Lands determines that proposed fill will interfere with “paramount policy of this state to preserve the use of its waters for navigation, fishing and public recreation,” department must then weigh interference against public-benefit considerations. Citizens for Responsible Dev. in The Dalles v. Wal-Mart Stores, Inc., 366 Or 272, 461 P3d 956 (2020)
Attorney General Opinions
Lessee filling tidelands as requiring a permit, public rights and conditions for issuance of permits, (1971) Vol 35, p 844
Law Review Citations
4 EL 353-354 (1974)