Columbia River Gorge

ORS 196.835
Hearing regarding issuance of permit

  • procedure
  • appeals
  • suspension of permit pending appeal


Any person aggrieved or adversely affected by the grant of a permit by the Director of the Department of State Lands may file a written request for hearing with the director within 21 days after the date the permit was granted. If the director finds that the person making the written request has a legally protected interest which is adversely affected by the grant of the permit, the director shall set the matter down for hearing within 30 days after receipt of the request. The hearing shall be conducted as a contested case in accordance with ORS 183.415 (Notice of right to hearing) to 183.430 (Hearing on refusal to renew license), 183.440 (Subpoenas in contested cases) to 183.460 (Examination of evidence by agency) and 183.470 (Orders in contested cases). The permittee shall be a party to the proceeding. Within 45 days of the hearing the director shall enter an order containing findings of fact and conclusions of law. The order shall rescind, affirm or modify the director’s original order. Appeals from the director’s final order may be taken to the Court of Appeals in the manner provided by ORS 183.482 (Jurisdiction for review of contested cases). A permit to fill granted by the director may be suspended by the director during the pendency of the proceedings before the director and any appeal. The director shall not suspend the permit unless the person aggrieved or adversely affected by grant of permit makes a showing before the director by clear and convincing evidence that commencement or continuation of the fill would cause irremediable damage and would be inconsistent with ORS 196.600 (Definitions for ORS 196.600 to 196.655) to 196.921 (Applicability). [Formerly 541.627 and then 196.705; 2003 c.738 §19]
§§ 196.800 to 196.905

(formerly 541.605 to 541.695)

Notes of Decisions

These sections, regulating landfills, are codification of common law public trust doctrine that public use of lands underlying navigable waters may not be substantially modified except for water-related purposes. Morse v. Division of State Lands, 34 Or App 853, 581 P2d 520 (1978), aff'd 285 Or 197, 590 P2d 79 (1979)

Atty. Gen. Opinions

Right of private owner and ports to fill tidelands as subject to public rights, (1971) Vol 35, p 844; state's authority to prevent or control removal by dredging of a privately owned island in a navigable river, (1972) Vol 36, p 285; authority of the legislature to extinguish public rights in navigable waters and to charge a fee therefor, (1973) Vol 36, p 348; authority to issue permit for removal of ocean shore natural products from state recreation areas, (1974) Vol 36, p 807; authority to pay for Removal and Fill Permit Program administration out of Common School Fund, (1980) Vol 40, p 190

Law Review Citations

4 EL 351-355 (1974); 10 EL 675 (1980); 61 OLR 523 (1982); 19 EL 637 (1989); 21 EL 152 (1991)


Source

Last accessed
Jun. 26, 2021