Or. Admin. Code § 141-125-0205

Current through Register Vol. 63, No. 12, December 1, 2024

Section 141-125-0205 - Short Term Access Authorization Application Requirements, Review and Approval Process

(1) A short-term access authorization is required for any use of state-owned land that is not specifically governed by other Department administrative rules. Examples of types of uses that may require a short-term access authorization are:

(a) An academic research or educational project;

(b) A scientific experiment that requires the exclusive use of a parcel of land;

(c) Collection of geologic or vegetative samples; and

(d) Removal of juniper for non-commercial purposes.

(e) Other uses or developments determined by the Director based on their impacts on state-owned land.

(2) A short-term access authorization is granted by the Department for a specific length of time to be determined by the Director that allows a person to enter a specific parcel of state-owned land for a particular purpose.

(3) Any person wanting a special use short-term access authorization must:

(a) Apply in writing to the Department using a form provided by the Department; and

(b) Submit a fully completed application to the Department at least 30 calendar days (unless otherwise allowed by the Director) prior to the proposed use.

(4) Upon receipt of an application the Department will determine:

(a) If the application is complete;

(b) If the subject area is available for the requested use; and

(c) If additional information is required concerning the proposed use of the state land, or the applicant's financial status, or past business and management practices.

(5) Upon acceptance by the Department, the Department will review the application to determine, among other considerations:

(a) The impacts of the proposed use on the environment, habitat, and other uses of the requested area, and the magnitude of these impacts;

(b) The need for the proposed use within the requested area; and

(c) Conformance of the proposed use with the policies provided in OAR 141-125 0110.

(6) The Department reserves the right to:

(a) Require that the applicant obtain written approvals from local, state and federal government agencies indicating that the proposed use conforms with local, state and federal laws and rules as well as the local comprehensive land use plan and zoning ordinances; and

(b) Circulate the application for review and comment pursuant to the provisions of OAR 141-125-0140 to obtain additional information to use in making its decision whether to grant the requested short-term access authorization.

(7) The Department will then advise the applicant of its determination concerning each of the three factors in OAR 141-125-0205(5). Applications determined by the Department to be incomplete will be returned to the applicant with a written explanation of the reason(s) for rejection.

(8) If an application rejected for incompleteness is resubmitted by the applicant within 30 calendar days from the date the Department returned it to the applicant (as determined by the date of postmark) with all deficiencies noted by the Department corrected, no additional application fee will be assessed.

Or. Admin. Code § 141-125-0205

DSL 3-2008, f. & cert. ef. 10-15-08

Stat. Auth.: ORS 273

Stats. Implemented: Or. Const. Art. VIII, Sec. 2 & 5