1. (1) Any current existing lessee in good standing must apply for a lease modification for the purposes of:

   1. (a) Equipment upgrade or replacement that results in a change of frequency; or
   2. (b) Any proposed ground disturbing activity; or
   3. (c) Any change to existing communication site facilities structures, including but not limited to replacing an existing structure such as a building or tower, which results in an increase in the height of a tower, or any change in the footprint of a leased premises.

2. (2) A lessee must apply to the department in writing on a form provided by the department at least 90 calendar days prior to the proposed work being started. The application processing fee for a modification is:

   1. (a) Non-commercial use: $250.
   2. (b) Commercial use: $500.

   3. (c) Cellular communications macro cellular facility:

      1. (A) Equipment upgrade or replacement that results in a change of frequency: $500.
      2. (B) Modifications per OAR 141-126-0180(1)(b) and (c): $750.

   4. (d) Cellular communications small wireless facility:

      1. (A) Equipment upgrade or replacement that results in a change of frequency: $250.
      2. (B) Modifications per OAR 141-126-0180(1)(b) and (c): $500.
3. (3) Lease modification applications are subject to a review process including, at a minimum, other authorized lessees located at the same communications site. Lease modification applications including changes identified in OAR 141-126-0180(1)(b) and (c) will require concurrence with comprehensive land use planning and zoning from the local planning jurisdiction.
4. (4) If the department approves a lease modification, in order for such modification to be effective, it must be documented through a written amendment to the lease signed by the department and the lessee.

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