ORS 780.040
When landowner may construct wharf

(1)

The owner of any land lying upon any navigable stream or other like water, and within the corporate limits of any incorporated town or within the boundaries of any port, may construct a wharf upon the same, and extend the wharf into the stream or other like water beyond low-water mark so far as may be necessary for the use and accommodation of any ships, boats or vessels engaged exclusively in the receipt and discharge of goods or merchandise or in the performance of governmental functions upon the stream or other like water.

(2)

As used in this section, “wharf” does not include new lands created upon submersible or submerged lands by artificial fill or deposit. [Amended by 1963 c.125 §1; 1973 c.328 §2]

Source: Section 780.040 — When landowner may construct wharf, https://www.­oregonlegislature.­gov/bills_laws/ors/ors780.­html.

Notes of Decisions

Under this section, legislature has conferred on riparian owners certain wharfing privileges which are not subject to lease program. Brusco Towboat v. State Land board, 284 Or 627, 589 P2d 712 (1978)

Structure that ceases to be necessary for use and accommodation of vessels loading or unloading goods or merchandise ceases to qualify as wharf. Division of State Lands v. Norris, 182 Or App 547, 50 P3d 595 (2002)

Attorney General Opinions

State Land Board duties in reviewing proposal by ports to fill land, (1971) Vol 35, p 844; authority of the Division of State Lands to require rental leases for wharves; the nature of riparian rights as to the placement and maintenance of structures on state and submerged and submersible lands, (1972) Vol 36, p 150

Green check means up to date. Up to date

Current through early 2024

§ 780.040’s source at oregon​.gov