Or. Admin. Code § 250-014-0001

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

Section 250-014-0001 - Definitions

For the purposes of this chapter, the following definitions shall apply:

(1) "Annual Maintenance" means routine maintenance and operation activities performed by the participant during the one-year allocation period.

(2) "Biennium" means the 24-month period beginning July 1 of each odd numbered year and ending June 30 of the next odd numbered year.

(3) "Board" means the State Marine Board.

(4) "Boarding Float" means a floating structure on or adjacent to a launch ramp that provides temporary short term use for loading or off- loading from a boat. Floats are normally 6 to 8 feet wide.

(5) "Boating Facility Grant Program" means the program authorized by ORS 830.150. Funds are available for the acquisition, development and rehabilitation of public boating facilities available to, and ordinarily used by, motorized boats.

(6) "Boating Infrastructure Grants Program" (BIG) means the federal program authorized by 50 CFR Part 80 and ORS 830.150. Funds are available for the development and rehabilitation of non-home port transient tie-up facilities at public and private facilities used principally by non-trailered recreational boats.

(7) "Clean Vessel Act (CVA) Grant Program" means the federal program authorized by 50 CFR Part 85 and ORS 830.150. Clean Vessel Act grants can be used to develop, refurbish, or maintain floating restrooms and vessel waste collection systems ordinarily used by recreational boats at public and private boating facilities.

(8) "Director" means the State Marine Board Director.

(9) "Fiscal Year" means the twelve-month period beginning July 1 of any year and ending June 30 of the next year.

(10) "Floating Restroom" means a floating structure moored in open water that is not connected to shore and provides toilet facilities to boaters.

(11) "Grant Procedure Guide" means the document containing grant program policies, grant application forms, sample cooperative agreements, project prioritization and scoring criteria, and general applicant guidance that is developed and maintained by the Board.

(12) "Grounds" includes the area at or immediately adjacent to an improved boating facility where garbage pickup and maintenance of turf, vegetation, trees/shrubs, bank stabilization and small picnic areas occurs.

(13) "Improved Public Boating Facility" means developed public facilities with hard surface launch ramps, boarding floats, parking areas, access roads, restrooms, grounds, transient tie-up floats or vessel waste collection facilities.

(14) "Launch Ramp" is an inclined hard surface consisting of asphalt or concrete used to launch and retrieve boats. A launch ramp consists of one or more launch lanes. Each launch lane is normally 15 to 20 feet wide.

(15) "Maintenance Assistance Grant Program" means funding assistance to eligible public participants for the routine maintenance and operations of improved public boating facilities.

(16) "Mixed Use Site" means a boating facility where annual use is mixed (31%-69%) between motorized (or registered) and non-motorized (or non-registered boats).

(17) "Motorized Use Site" means a boating facility where annual use by motorized (or registered) boats is 70% or more of all boat use.

(18) "Non-Motorized Use Site" means a boating facility where the annual use by motorized (or registered) boats is 30% or less of all boat use.

(19) "Off-Season" means the six-month period of lowest motorized (or registered) boat use generally the period from October 15 to April 15.

(20) "Parking Area" means a developed gravel or asphalt surface with a least six boat trailer spaces (10' x 40') and two single car spaces (10' x 20') associated with a launch ramp. This includes any required accessible parking spaces.

(21) "Participant" means any public or private party that qualifies to receive funds from the Boating Facility Grant Program or Maintenance Assistance Program and voluntarily participates in either program.

(22) "Peak Season" means the three month period of heaviest boat use generally the period from June 1 to August 31.

(23) "Public Boating Facility Grant Project" means a project to develop, improve, rehabilitate or replace public boating facilities or to acquire property for the development of an improved boating facility.

(24) "Private Boating Facility Grant Project" means a project to develop, improve, rehabilitate or replace private marina facility vessel waste collection systems and transient tie-up facilities that are available/open for public use.

(25) "Public Boating Facility" or "Public Marine Facility" means public launch ramps, parking, boarding floats, transient tie-up facilities, restrooms, access roads, floating restrooms, vessel waste collection systems, signing and water markers, potable water systems and related facilities for the use and convenience of the boating public.

(26) "Private Marine Facility" or "Private Marina Facility" means private facilities that have the capability to provide vessel waste collection systems or transient tie-up facilities that are open and available for public use.

(27) "Public Project Sponsor," "Eligible Public Participants," or "Public Entity" means cities, counties, park and recreation districts, port districts and state or federal agencies that own and or operate public boating facilities as specified in these rules.

(28) "Private Project Sponsor," "Eligible Private Participants," or "Private Entity" means any individual firm, corporation, association, partnership, consortium, joint venture, industry, or any other nonpublic entity that operates a marina facility as specified in these rules.

(29) "Restroom" means all types of landside facilities used to collect human waste to include flush, vault, composting and portable toilets. A restroom may include one or more stalls (urinal or toilet).

(30) "Routine Maintenance" means all types of ordinary maintenance activities completed on a regular basis (daily, weekly or monthly).

(31) "Shoulder Season" means the three month period of moderate boat use generally the period from April 15 to May 31 and September 1 to October 15.

(32) "Transient Tie-Up" means a floating structure at least 100 feet in length used for short term boat tie-up and broadside tie-up or space for mooring at least six non-trailered boats. Transient tie-up does not include tenant based moorage or facilities that allow stays longer than ten consecutive days.

(33) "Use Fee" means any form of user fee charged to boaters for access or use of a boating facility. This includes day use, launch, parking, tie-up or any other general entrance or use fee.

(34) "Vessel Waste Collection System" means all types of stationary or portable systems that pump or remove human waste from a recreational boat holding tank or portable potties. This includes pumpouts, dump stations, related forward sewage lift stations, necessary floats, piles, and gangways, and related facilities.

Or. Admin. Code § 250-014-0001

MB 18-1985, f. & ef. 10-21-85; MB 11-1987, f. 5-20-87, ef. 6-1-87; MB 12-1987, f. & ef. 6-15-87; MB 7-1992, f. & cert. ef. 5-15-92; MB 8-1995, f. & cert. ef. 11-6-95; OSMB 6-1998, f. & cert. ef. 4-15-98; OSMB 8-2001, f. & cert. ef. 7-30-01; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07; OSMB 6-2012, f. 4-20-12, cert. ef 5-1-12; OSMB 7-2013, f. 10-28-13, cert. ef. 1-1-14; OSMB 8-2020, amend filed 05/21/2020, effective 6/1/2020; OSMB 4-2021, amend filed 04/26/2021, effective 5/1/2021

Statutory/Other Authority: ORS 830.110 & ORS 830.150

Statutes/Other Implemented: ORS 830.150