(1) For the purpose of this rule the term Special Use Device includes waterski courses, ski jumps, race buoys, kayak race gates and other floating devices used to mark water events. These rules apply to all of the waters of this state.
(2) An individual or organization planning to install a special use device on the waters of this state shall submit a completed application for a special use device permit to the Marine Board at least 30 days before an anticipated installation.
(3) Exemptions. Devices installed in conjunction with an authorized marine event do not require a separate permit other than the permit by ORS Chapter 830 and OAR 250-010-0095. Devices installed for private non-commercial use are permitted for a period up to 12 hours, between sunrise and sunset, without a permit, provided the device is removed before sunset.
(4) The application shall be in such form as required by the Board. The applicant must furnish information on the type of device, dates of installation and proposed use, a description of the location including maps sufficient to locate the planned placement of the device, information identifying adjacent property owners by name and address, and other information deemed necessary by the Board.
(5) The Marine Board will circulate a notice of the proposed installation for public comment and review. Particular notice will be provided to adjacent landowners, the county sheriff and other interested parties. A hearing on the proposed device installation may be held if requested.
(6) The State Marine Director shall evaluate the application and consider public comments in deciding whether to issue a permit. The Director shall consider the size of the waterbody, season of use, probable impacts to adjacent properties, potential for use conflicts and other factors related to the public health, safety and welfare.
(7) The Director may condition permits as to days and hours of operation, anchoring materials and methods, special lighting requirements if any, and other requirements as necessary
(8) The applicant or other affected parties may appeal the decision of the Director to the Board. Requests for Board review must be in writing within 30 days of the Directors decision on a permit.
(9) A special use permit does not authorize Marine Events. A separate permit is required if a permitted special use device is to be used for a boat race, regatta, tournament or exhibition.
(10) A Marine Board special use permit does not relieve the applicant from other federal, state or local permits, licenses, or approval which may be required.
(11) Permits may be valid for a period up to three years. The permit may be revoked or cancelled for violation of permit conditions, complaints regarding use by the public or county sheriff, or a request by ten or more persons.
(12) The Permittee shall be responsible for ensuring the safety of the proposed device area and keep it clear of debris, obstructions and other elements that constitute a safety hazard. A special device permit shall not give the permittee exclusive use of the waters of the state in the permit area.