1. (1) These rules:

   1. (a) Govern the granting and renewal of leases, public facility licenses and registrations (hereafter collectively referred to as waterway use authorizations) for a wide variety of commercial, non-commercial, and public uses in, on, under or over state-owned submerged and submersible land.

   2. (b) Do not apply to the granting of:

      1. (A) Easements on state-owned submerged and/or submersible land governed by Division 122 or Division 123 of the Department’s administrative rules;
      2. (B) Authorizations for hydroelectric projects on state-owned Trust and Non-Trust Land governed by Division 87 of the Department’s administrative rules;
      3. (C) Authorizations for the removal or use of rock, sand, gravel and silt from state-owned submerged and/or submersible land governed by Division 14 of the Department’s administrative rules;
      4. (D) Authorizations for special uses of state-owned submerged and/or submersible land such as for short term access; the conduct of scientific experiments and the removal of sunken logs governed by Division 125 of the Department’s administrative rules;
      5. (E) Authorizations for ocean energy conversion devices and fiber optic and other cables in, on or over the Territorial Sea governed by Divisions 140 and 83 of the Department’s administrative rules;
      6. (F) Authorizations for remediation and habitat restoration activities governed by Division 145 of the Department’s administrative rules; and
      7. (G) Authorizations for uses and structures specifically governed by any other chapter of the Department’s administrative rules.
   3. (c) Provide that all uses of, and structures occupying state-owned submerged and submersible land not otherwise exempt from authorization under these rules, require prior written authorization from the Department pursuant to these rules.
2. (2) The Director may determine other uses and structures similar to those specified in OAR 141-082-0265 that are subject to a specific authorization under these rules.

Statutory/Other Authority

ORS 183, 273 & 274

Statutes/Other Implemented

ORS 274

History

DSL 2-2026, amend filed 05/04/2026, effective 07/01/2027
DSL 6-2020, minor correction filed 05/12/2020, effective 05/12/2020
DSL 5-2016, f. 11-3-16, cert. ef. 1-1-17
DSL 5-2012, f. 10-16-12, cert. ef. 1-1-13