Submersible and Submerged Lands

ORS 274.404
Administrative determination of navigable waterway

  • rules
  • procedure


On or before July 1, 1996, the State Land Board shall adopt by rule a procedure that is consistent with ORS 274.400 (Definition for ORS 274.400 to 274.412) to 274.412 (Judicial review of declaration of state’s claim) by which the board and the Department of State Lands shall make a final administrative determination as to whether a waterway or part of a waterway is navigable, and if so, the extent of the interest claimed by the State of Oregon in the navigable portion of the waterway.


The rules adopted under subsection (1) of this section shall incorporate the following procedures that the board and the department shall follow:


The board may direct the department to make a determination of navigability if there is sufficient economic justification or if there is a broad and substantial public interest. If the board so directs, the department shall conduct a study to make the determination.


The department shall provide prompt public notice to affected property owners that the department is beginning the study.


Upon completion of a study directed under paragraph (a) of this subsection, the department shall prepare and submit to the board a draft report setting forth the department’s findings and conclusions as to whether the waterway or part of the waterway under study is navigable and, if so, the extent of the State of Oregon’s interest in the waterway or part of the waterway.


The department shall provide appropriate prior public notice to affected property owners and other interested parties concerning the draft report. The notice shall provide an opportunity for a public hearing in the area of the affected waterway and an opportunity for the public to submit written comments on the draft report and to submit testimony or other evidence concerning the navigability of the affected waterway or part of the waterway or the State of Oregon’s interest in the waterway or part of the waterway.


Following the public hearing, the board may adopt the draft report submitted by the department if substantial evidence in the record supports the report’s findings and conclusions, or the board may refer the report to the department for further action as determined by the board. [1995 c.471 §4]
§§ 274.400 to 274.412

Law Review Citations

35 WLR 183 (1999); 38 WLR 93 (2002)

Chapter 274

Atty. Gen. Opinions

Power of Department of Environmental Quality to regulate mining activities and recovery of oil and geothermal activities, (1972) Vol 35, p 1100; Division of State Lands' authority to require lease or fill or removal permit for private company dredging submerged offshore lands to harvest clams, (1979) Vol 40, p 35; State Land Board's authority to delegate duties to Port of Portland, (1979) Vol 40, p 111

Law Review Citations

4 EL 343, 346, 348 (1974)


Last accessed
Jun. 26, 2021