OAR 141-126-0180: Lease Modifications

(1) Any current existing lessee in good standing must apply for a lease modification for the purposes of: (a) Equipment upgrade or replacement that results in a change of frequency; or (b) Any proposed ground disturbing activity; or (c) Any change to existing communication site facilities structures, including but not limited to replacing an existing structure such as a building or tower, which results in an increase in the height of a tower, or any change in the footprint of a leased premises. (2) A lessee must apply to the department in writing on a form provided by the department at least 90 calendar days prior to the proposed work being started. The application processing fee for a modification is: (a) Non-commercial use: $250. (b) Commercial use: $500. (c) Cellular communications macro cellular facility: (A) Equipment upgrade or replacement that results in a change of frequency: $500. (B) Modifications per OAR 141-126-0180(1)(b) and (c): $750. (d) Cellular communications small wireless facility: (A) Equipment upgrade or replacement that results in a change of frequency: $250. (B) Modifications per OAR 141-126-0180(1)(b) and (c): $500. (3) Lease modification applications are subject to a review process including, at a minimum, other authorized lessees located at the same communications site. Lease modification applications including changes identified in OAR 141-126-0180(1)(b) and (c) will require concurrence with comprehensive land use planning and zoning from the local planning jurisdiction. (4) If the department approves a lease modification, in order for such modification to be effective, it must be documented through a written amendment to the lease signed by the department and the lessee.