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Navigability Determination Process
The Process
 
ORS 274.400 to 274.412 and OAR 141-121-000 to 141-121-040
 
1.
A person submits a written request to the Department asking to have a navigability study conducted.
2.
The Department determines if the study request is complete and notifies the State Land Board.
3.
The Department gives public notice and notifies affected property owners and interested person of receipt of a complete study request.
4.
The Department analyzes and summarizes public comments.
5.
The Department prepares a recommendation on the study report and submits it to the Land Board for action.
6.
The Land Board acts on the study request.
7.
If the Land Board denies the study request, the Department notifies the requester and in writing of the decision.
8.
If the State Land Board approves the study request, the Department prepares Notice of Initiation of Navigability Study Report. This public notice is published in newspapers and sent to affected property owners and interested parties.
9.
The Department undertakes the navigability study.
10.
Upon completion of the study, the Department prepares Notice Of Draft Navigability Study Report. This public notice is published in newspapers and sent to affected property owners and interested parties.
11.
The Department establishes a public comment period and conducts public hearings.
12.
The Department analyzes and summarizes the public input.
13.
The Department submits the Draft Navigability Study Report, summary of input and draft findings/conclusions to the Land Board.
14.
The Land Board hears additional public testimony.
15.
The Department analyzes public testimony and prepares the Final Navigability Study Report.
16.
The Department prepares a public notice describing the findings and conclusions of the Final Navigability Study Report and date and time of presentation of the report to the Land Board. This public notice is published in newspapers and sent to affected property owners and interested parties. 
17.
The Land Board acts on the Final Navigability Report based on findings and conclusions and declares the nature and extent of the state’s ownership claim.
18.
If the Land Board adopts the final report, the Department prepares a written declaration. This public notice of declaration is published in newspapers and sent to affected property owners and interested parties.