Mining and Mining Claims
Public notice requirements for ORS 517.952 to 517.989
- master list of interested parties
(1)Whenever required in ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application), public notice shall include information sufficient to inform the public of the proposed activity or event and shall include:
(a)Notification to all permitting and cooperating agencies.
(b)Notice by mail to each owner of property located within one-half mile of the perimeter of the proposed site of the mining operation. As used in this paragraph, “owner” means the owner of the title to real property or the contract purchaser of real property of record as shown on the last available complete tax assessment roll.
(c)Notice by mail to persons on the master list.
(d)Notice by mail to mineral claimants for claims located within one-half mile of the proposed mining operation or as otherwise required by rule of a permitting or cooperating agency.
(e)Notice by publication in a newspaper of general circulation in the state and in a local newspaper of general circulation in the county or counties in which the proposed mining operation is located. Notice by publication shall be given at least once each week for two weeks immediately preceding the action.
(2)The notice provided pursuant to this section shall satisfy any notice requirement of an individual permitting or cooperating agency related to a permit included in the consolidated application process established under ORS 517.952 (Definitions for ORS 517.952 to 517.989) to 517.989 (Rules applicable to consolidated application).
(3)As used in this section, “master list” means a consolidated list of all interested parties compiled by the State Department of Geology and Mineral Industries and each permitting and cooperating agency and maintained by the department. Any person may request in writing that the State Department of Geology and Mineral Industries add the person’s name to the agency master list. The State Department of Geology and Mineral Industries may establish a procedure for establishing and maintaining an agency master list, and the governing board of the department may establish a fee to be paid by a person requesting to be added to the master list. The fee shall be sufficient to defray the department’s costs of mailing notices to persons on the master list and maintaining the master list. [1991 c.735 §7; 2013 c.371 §11]
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
Law Review Citations
4 EL 370 (1974)