Oregon State Land Right-of-Way (3-OR-b)
The DSL regulates Easements across state land pursuant to Or. Admin. R. 141-122-0010–141-122-0130.
State Land Right-of-Way Process
3-OR-b.1 - Pre-Application Meeting (Optional)
The Oregon Department of State Lands (DSL) encourages pre-application meetings in order to ensure the application process runs smoothly. However, a pre-application is entirely voluntary and not required.
3-OR-b.2 - Easements Across State Land or Waterbody Application & Fee
A Easement Across State Land or Waterbody Application form is submitted to the DSL to initiate the easement process. A non-refundable application fee must be included with the application. For most easements, the fee is $750. For water pipelines and associated fixtures, the fee is $125.
Application requirements are contained in Or. Admin. R. 141-122-0040.
3-OR-b.3 to 3-OR-b.4 - Review Application Materials for Completeness
The DSL will review the application to ensure all required materials are included in the application package. If there are defects in the application, the application is returned with a written explanation of the reasons for rejection. If the application is resubmitted within 90 calendar days, no additional application fee will be assessed. Once the application is accepted as complete, the DSL will circulate the application to all affected local, state and federal agencies for comments. Or. Admin. R. 141-122-0050.
3-OR-b.5 - Has Development Been Previously Reviewed and Circulated & DSL Now Waives Circulation Requirement?
Circulation is not required if the project has previously been reviewed and circulated. Or. Admin. R. 141-122-0050.
3-OR-b.6 - Forward Application to Concerned Agencies and Make Available to Public for Comment
Or. Admin. R. 141-122-0050 addresses the circulation requirements. The circulation process is much like the federal National Environmental Policy Act circulation process but at the state level. This circulation process seems to serve as a form of environmental review. The affected land use authorities and the public have an opportunity to weigh in on the project's impacts.
Environmental or cultural concerns could lead to notification that additional information will be required. Occasionally, additional information regarding protected species and archaeological and historic resources is requested.
3-OR-b.7 to 3-OR-b.10 – Is the Application Approved?
The easement may be granted with terms and conditions to protect various land use concerns. Compensation may also be assessed under Or. Admin. R. 141-122-0060.
If the application is not approved, the developer may file a request for reconsideration of the decision. The developer must file the Request for Reconsideration in compliance with Or. Rev. Stat. § 183.484. Or. Admin. R. 141-122-0120.
If the developer does not file a Request for Reconsideration, the process ends.
3-OR-b.11 to 3-OR-b.12 – Does the DSL Respond Within 60 Days?
If the DSL does not otherwise act within 60 days, the Request for Reconsideration is deemed denied and the developer has 60 days to file a petition for judicial review in the Circuit Court of Marion County and upon the circuit court for the county in which the developer resides or has a principal place of business. Or. Rev. Stat. § 183.484.
3-OR-b.13 to 3-OR-b.15 – Reconsider Application
If the DSL responds within 60 days, the DSL will reconsider the application. The DSL will either grant the easement with terms and conditions to protect various land use concerns and assess compensation under Or. Admin. R. 141-122-0060 or deny the application. If the DSL denies the application the developer has 60 days to file a petition for judicial review in the Circuit Court of Marion County and upon the circuit court for the county in which the developer resides or has a principal place of business. Or. Rev. Stat. § 183.484.
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