1. (1) Any person wanting to use state-owned land for a communication site facility lease:

   1. (a) Must contact the department to schedule and complete a pre-application meeting;
   2. (b) Submit a complete application in the format provided by the department; and
   3. (c) Pay a non-refundable application processing fee to the department.

2. (2) The application processing fee for a new communication site facility lease or renewal lease with changes per OAR 141-126-0140(11)(a) is:

   1. (a) Non-commercial uses:

      1. (A) Personal or research and scientific use: $375
      2. (B) All other non-commercial uses: $750
   2. (b) Commercial use: $1,000

   3. (c) Cellular communications:

      1. (A) Macro cellular facility: $1,500

      2. (B) Small wireless facility:

         1. (i) $500 for up to five SWFs in the same application.
         2. (ii) $100 per additional SWF beyond five in the same application.
         3. (iii) $1,000 for a new pole (not a co-location) intended to support one or more SWF.

3. (3) The application processing fee for a lease renewal with no changes as described in OAR 141-126-0140(11)(b) and (c) is:

   1. (a) All non-commercial uses: $375
   2. (b) Commercial use: $500
   3. (c) Cellular communications macro cellular facility: $750

   4. (d) Cellular communications small wireless facility:

      1. (A) $500 for up to five SWFs in the same application.
      2. (B) $100 per additional SWF beyond five in the same application.
      3. (C) $1,000 for a new pole (not a co-location) intended to support one or more SWF.
4. (4) Unless otherwise allowed by the director, a fully completed application for a lease for non-commercial or commercial uses must be submitted to the department at least 150 calendar days prior to the proposed use or placement of a development subject to these rules in, on, or over state-owned land. For a lease renewal, unless otherwise allowed by the director, a fully completed application must be submitted to the department at least 150 calendar days prior, but not more than one year prior to the expiration of the existing lease.
5. (5) Unless otherwise allowed by the director, a fully completed application for a lease for a macro cellular facility must be submitted to the department at least 150 calendar days prior to the proposed use or placement of a development subject to these rules in, on, or over state-owned land. For a lease renewal for a macro cellular facility, unless otherwise allowed by the director, a fully completed application must be submitted to the department at least 150 calendar days prior, but not more than one year prior to the expiration of the existing lease.
6. (6) Unless otherwise allowed by the director, a fully completed application for a lease for a small wireless facility must be submitted to the department at least 90 calendar days prior to the proposed use or placement of a development subject to these rules in, on, or over state-owned land. For a lease renewal for a small wireless facility, unless otherwise allowed by the director, a fully completed application must be submitted to the department at least 90 calendar days prior, but not more than one year prior to the expiration of the existing lease.

Statutory/Other Authority

ORS 273.045, ORS 273.051(2)(b) & ORS 273.245

Statutes/Other Implemented

OR Const. Art. VIII, Sec. 2 & 5

History

DSL 7-2024, adopt filed 12/10/2024, effective 12/13/2024