Oregon Law
Law as of Jan 1, 2024
Chapter contents
274.005Definitions 274.010[Amended by 1961 c.619 §41; renumbered 274.885] 274.015Determination of ordinary high and low water 274.020[Renumbered 274.890] 274.025Jurisdiction over submersible and submerged lands generally 274.029[1973 c.496 §1; 1977 c.471 §1; 1981 c.219 §1; repealed by 1983 c.566 §1] 274.030[Amended by 1961 c.619 §42; renumbered 274.895] 274.031[Formerly 274.034; 1981 c.219 §2; repealed by 1983 c.566 §1] 274.032[1977 c.471 §2; repealed by 1983 c.566 §1] 274.034[1973 c.496 §2; 1977 c.637 §1; renumbered 274.031] 274.035[Formerly 274.570; repealed by 1969 c.594 §63] 274.036Status of channel of Willamette River; approval of dam; state maintenance of river location 274.040Sale or lease of submersible lands; easements; occupation of submerged and submersible lands for water works 274.042[1979 c.793 §2; repealed by 1991 c.521 §1 (274.043 (1) to (3) enacted in lieu of 274.042)] 274.043Exemptions from leasing requirements; rules; registration; use without charge; use with charge; indemnification 274.045[Subsection (1) of 1965 Replacement Part enacted as 1961 c.703 §9; subsection (2) of 1965 Replacement Part enacted as 1961 c.619 §35; repealed by 1967 c.421 §206] 274.050[Renumbered 273.900] 274.060Regulation of harbor improvements; oyster beds; public easement in submerged and submersible lands 274.064Portland Harbor Cleanup Fund 274.065[1965 c.368 §1; 1967 c.421 §114; renumbered 390.710] 274.070[Amended by 1965 c.368 §2; 1967 c.421 §115; renumbered 390.720] 274.075[1961 c.36 §§1,2,3,4; 1967 c.421 §116; 1969 c.594 §34; repealed by 1969 c.601 §30] 274.080[Amended by 1955 c.257 §1; 1965 c.368 §3; 1967 c.421 §117; repealed by 1969 c.601 §30] 274.085[1979 c.546 §1; 1981 c.158 §2; renumbered 273.117 in 2021] 274.090[Amended by 1959 c.237 §1; 1965 c.368 §4; 1967 c.421 §118; renumbered 390.730] 274.100[Amended by 1965 c.368 §5; 1967 c.421 §119; renumbered 390.740] 274.110[Amended by 1967 c.421 §120; renumbered 390.750] 274.120[Renumbered 273.902] 274.130[Renumbered 273.903] 274.205Definition for ORS 274.210 to 274.290 274.210Authority of department to contract for drainage and reclamation of certain lands 274.220Application for drainage and reclamation of lands 274.230Investigation and report by Water Resources Director; terms of contract; bond 274.240Performance by contractor; disposal of lands; rules 274.250Nonperformance; action by department; appeal from decision of department 274.260Title of riparian owners 274.270[Repealed by 1967 c.421 §206] 274.280Surveys and plans for reclamation of lands 274.290Execution of plan 274.300[Amended by 1967 c.421 §22; renumbered 273.111] 274.310[Amended by 1967 c.421 §129; 1969 c.594 §14; repealed by 2005 c.755 §59] 274.355[1961 c.479 §1; 1967 c.421 §109; repealed by 1967 c.567 §14] 274.360[1961 c.479 §§2,3; 1967 c.421 §110; repealed by 1967 c.567 §14] 274.365[1961 c.479 §§4,6; 1967 c.421 §111; repealed by 1967 c.567 §14] 274.366Oregon Abandoned and Derelict Vessel Program; rules 274.370[1961 c.479 §5; 1967 c.421 §112; repealed by 1967 c.567 §14] 274.371Oregon Abandoned and Derelict Vessel Fund 274.375[1961 c.479 §7; 1967 c.421 §113; repealed by 1967 c.567 §14] 274.376Definitions for ORS 274.376 to 274.388 274.379Authority to seize abandoned structure or derelict structure; notice 274.382Liability for costs of removal, salvage, storage and disposal 274.385Rules 274.388Submerged Lands Enhancement Fund 274.400Definition for ORS 274.400 to 274.412 274.402Exclusive jurisdiction to assert title to submerged or submersible lands in navigable waterway 274.404Administrative determination of navigable waterway; rules; procedure 274.406Declaration of state’s claim; effect 274.408Public notice of claim; content 274.410[Renumbered 274.525] 274.412Judicial review of declaration of state’s claim 274.420[Amended by 1967 c.421 §100; renumbered 274.025] 274.425Definition for ORS 274.430 to 274.520 274.430State ownership of meandered lakes; status as navigable and public waters 274.440Acquisition of future rights to meandered lakes denied; extension of riparian ownership; lands overflowed by high water 274.450Acquisition of riparian rights by department 274.460Settler’s and riparian owner’s preferential right to purchase land within meander lines 274.470Settler’s right to deed to land within meander lines; preferential right to additional land; tacking by successive settlers 274.480Rights of riparian owners on Malheur and Mud Lakes 274.490Settlement of conflicting preferential rights 274.500Conveyance of compact area; prices; maximum acreage 274.510Lake bed lands claimed by the United States 274.520Acceptance of deed to lake bed lands as precluding any other claim 274.523[1967 c.421 §143; repealed by 1969 c.594 §63] 274.525City use of stream bed material 274.530Lease or license of stream beds for removal of material; rules for measurement of volume removed 274.540[Amended by 1953 c.181 §2; 1961 c.509 §3; 1961 c.676 §4; 1967 c.421 §45; renumbered 273.225] 274.550Removal of material without payment of royalties; eligible material and uses 274.560Lease terms; bond or security; prohibited lease or purchase option; monthly reports and payments; rules 274.570[Amended by 1967 c.421 §106; renumbered 274.035] 274.580[Amended by 1961 c.509 §4; 1967 c.421 §46; renumbered 273.231] 274.590Cooperation with Washington authorities respecting removal of material from bed of Columbia River 274.600[Amended by 1967 c.33 §1; 1967 c.421 §47; 1967 c.567 §16; renumbered 273.235] 274.605[Amended by 1967 c.421 §48; renumbered 273.241] 274.610Prohibited contracts for exploration for hard minerals; scientific research 274.611[1967 c.421 §150; 1987 c.300 §1; repealed by 1991 c.217 §6] 274.615[1961 c.703 §§1,13; 1967 c.421 §151; 1987 c.300 §2; repealed by 1991 c.217 §6] 274.620[1961 c.703 §2; 1965 c.375 §2; 1967 c.421 §152; 1969 c.594 §46; 1987 c.300 §3; repealed by 1991 c.217 §6] 274.625[1961 c.703 §3; 1967 c.421 §153; 1987 c.300 §4; repealed by 1991 c.217 §6] 274.630[1961 c.703 §4; 1967 c.421 §154; 1987 c.300 §5; repealed by 1991 c.217 §6] 274.635[1961 c.703 §§5,8 and 12; 1967 c.421 §155; 1987 c.300 §6; repealed by 1991 c.217 §6] 274.640[1961 c.703 §§7,10; 1967 c.421 §156; 1987 c.300 §8; repealed by 1991 c.217 §6] 274.645[1961 c.703 §11; 1967 c.421 §157; repealed by 1987 c.300 §10] 274.650[1961 c.703 §6; repealed by 1967 c.421 §206] 274.705Definitions for ORS 274.705 to 274.860 274.710Jurisdiction of department over tidal submerged lands; easements; leases for oil, gas and sulfur 274.712Limitations on leasing submerged and submersible lands within territorial sea 274.714Undersea cables within territorial sea; decommissioning cables 274.715Sulfur leases 274.720Effect of ORS 274.705 to 274.860 on power to make other leases and on jurisdiction of agencies other than department 274.725Scope of leases and permits; persons ineligible 274.735Application for survey permit; effect of permit; rules 274.740Issuance of survey permit; renewal; reports 274.745Drilling logs and records 274.755Hearing prior to granting lease or easement 274.760Considerations involved in granting lease or easement 274.765Publishing offer to lease tidal submerged lands; bids; cash bonus; award of lease; fee 274.770Prohibited drilling requirements 274.780Conditions in leases and permits; execution; delivery of bonds or contracts to department 274.785Exclusive rights granted by lease; requirement of diligence; maximum area; assignment 274.790Royalties 274.795Rents 274.800Bonds 274.805Drill sites 274.810Commencement of drilling; operational requirements 274.815Extension of time when wells to be drilled from filled land or structure 274.820Water contamination or pollution 274.825Nonconflicting use of leased lands 274.830Protecting lands from drainage 274.835Conformance to laws and regulations; periodic negotiations 274.840Continuation of lease after cessation of production 274.845Surrender of lease 274.850Cancellation of lease; partial retention of leasehold; removal of equipment 274.855Restoration of leasehold to original condition 274.860Protection and location of filled lands 274.865[1961 c.619 §29; repealed by 1967 c.421 §206] 274.867[2007 c.591 §3; 2013 c.345 §1; 2015 c.386 §6; renumbered 274.879 in 2015] 274.870Definitions for ORS 274.870 to 274.879 274.873Proprietary authorizations for ocean renewable energy facilities; application; issuance; incorporation of removal or fill permits 274.876Proprietary authorization requirements; rules; fees 274.879Financial assurance; plan for decommissioning 274.885Lease of kelp fields 274.890Time allowed lessee for survey and erection of plant; filing copy of survey with department 274.895Removing kelp without lease 274.905Definitions for ORS 274.905 to 274.940 274.910Application and effect 274.915Lease or disposal of new lands; method; rules 274.920Creation of new lands upon submersible or submerged lands 274.925Right of public riparian owner to purchase new lands; price determination 274.929Right of nonpublic riparian owner to purchase certain new lands; price determination 274.930[1963 c.376 §6; 1965 c.375 §5; repealed by 1973 c.203 §11] 274.932Right of public body to purchase new lands created by it; price determination 274.935Ownership, by nonpublic owner of submersible or submerged lands, of new lands created thereon 274.937Right of individual to purchase new lands created by individual; price determination 274.940Reservation of historically filled lands or new lands 274.945Collection of shellfish mariculture records 274.950Jurisdiction to assert title to historically filled lands; requirements 274.952Determination of state interest in historically filled lands; study; procedures 274.954Declaration of state’s claim; effect 274.956Public notice of claim; content 274.960[1973 c.329 §2; 2003 c.253 §24; repealed by 2015 c.804 §6] 274.963[1973 c.329 §1; repealed by 2015 c.804 §6] 274.965[1973 c.329 §3; 1977 c.757 §1; repealed by 2015 c.804 §6] 274.967[1973 c.329 §§4,5; 1977 c.757 §2; repealed by 2015 c.804 §6] 274.970[1973 c.329 §6; repealed by 2015 c.804 §6] 274.973[1973 c.329 §7; repealed by 1977 c.757 §3] 274.975[1973 c.329 §8; 1983 c.740 §71; repealed by 2015 c.804 §6] 274.977[1973 c.329 §9; repealed by 2015 c.804 §6] 274.980[1973 c.329 §11; 1999 c.803 §6; repealed by 2015 c.804 §6] 274.983[1973 c.329 §§10,13; repealed by 2015 c.804 §6] 274.985[1973 c.329 §12; repealed by 2015 c.804 §6] 274.990Criminal penalties 274.992Civil penalties 274.994Amount of civil penalties; rules; considerations in imposing penalty

Chapter 274 — Submersible and Submerged Lands

ORS 274.994 Amount of civil penalties; rules; considerations in imposing penalty

(1)

The Director of the Department of State Lands shall adopt by rule the amount of civil penalty that may be imposed for a particular violation of ORS 274.040, 274.873 or 274.879.

(2)

In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:

(a)

The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(b)

Any prior violations of statutes, rules, orders and leases pertaining to submerged and submersible lands.

(c)

The impact of the violation on public interests in fishery, navigation and recreation.

(d)

Any other factors determined by the director to be relevant and consistent with the policy of ORS 274.040, 274.873 or 274.879.

(3)

The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the policy of ORS 274.040, 274.873 or 274.879. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.