These rules allow for Easements and Leases for various
remediation and restoration related uses of state-owned lands. These uses
include non-voluntary restoration work, certain types of site monitoring
activities, certain types of enhanced monitored natural recovery, sediment
caps, and conservation easements. Sediment caps are subject to additional
special requirements, as described in OAR 141-145-0050.
Conservation easements may be granted in perpetuity with
Land Board approval. Other easements under these rules are typically granted
for a term of up to 30 years. The holder of a term easement may apply for a new
easement prior to the expiration of the term.
Leases under these rules are subject to preference right restrictions,
are typically granted for a term of up to 15 years, and may be renewed upon
Any application for these authorization types must be
submitted at least 120 days before the requested issuance date and start of on-site activities, and the applicant is required to meet with
the Department staff prior to submitting an application. All of these
authorization types are also subject to a minimum compensation of $1000 ($500
for “Orphaned sites”), and must also be accompanied by a non-refundable $1,250
application fee, payable to the Department. The application for any of these
authorizations must also be accompanied by a survey of the requested area
conducted by a registered professional land surveyor.