OAR 141-145-0060: Compensation

(1) The compensation for an authorization for remediation necessitated by operations at an orphan site as determined by and under the management of the ODEQ or EPA shall be five hundred ($500) dollars. If at any point a party is located to perform or pay for the remediation of what had previously been designated an orphan site, that party must compensate the Department for the cost of that use of state-owned land according to these rules. (2) The minimum compensation for any authorization issued under these rules shall be one thousand dollars ($1,000), with the following exceptions: (a) Authorizations meeting the provisions of OAR 141-145-0060(1), and; (b) Proposed uses determined by the Department to have a “no or minimal impact” in OAR 141-145-0060(4)(a). Uses considered to have a “no or minimal impact” in 141-145-0060(4)(a) require no compensation. (3) Subject to the base minimum compensation established in OAR 141-145-0060(2), the method for calculating compensation due for an authorization issued under these rules shall be determined through the following formula. COMP = AV x LA x SDI NOTE: Formula Explanation AV= Appraised value or assessed value (as defined in OAR 141-145-0005(3) and (4) of these rules) whichever is less except as stated in OAR 141-145-0060(7). AV is expressed as a value per square foot. LA= Authorized use area in square feet of state-owned submerged and submersible land. SDI= Defined in OAR 141-145-0005(32). SDI is expressed as a percentage in this formula. COMP= Compensation due to the Department for the authorization. (a) For access authorizations, compensation due to the Department for the authorization will be a one-time payment determined by the formula COMP = AV x LA x SDI. (b) For easements, compensation due the Department for the authorization will be a one-time payment that is the lesser of: (A) [(AV x LA x SDI)/30] x number of years authorized; or (B) Flat rate method for a non-marine use (as described in Division 82) of $0.5301 per square foot (which will be increased each year on July 1st by three percent) x LA x number of years authorized. (c) For conservation easements, compensation due the Department for the authorization will be a one-time payment equal to AV x LA x 50%. (d) For lease authorizations, annual lease payment calculation is the lesser of the: (A) AV x LA x SDI x 5%; or (B) Flat rate method for a non-marine use (as described in Division 82) of $0.5301 per square foot (which will be increased each year on July 1st by three percent) x LA (4) The Site Diminishment Impact percentage for an access authorization is calculated by the Department as follows: (a) A proposed use is considered to have a “no or minimal impact” and an SDI of 0% if the Department determines: (A) The proposed use would not impose any public trust use restrictions that last more than fourteen (14) consecutive days per calendar year, and (B) The proposed use would not limit or constrain the Department in issuing other waterway authorizations administered under Division 82. (b) A proposed use is considered to have a “moderate impact” and an SDI of 3.5% if the Department determines: (A) The proposed use would impose one public trust use restriction that lasts more than fourteen (14) consecutive days, or (B) The proposed use would limit or constrain the Department in issuing other waterway authorizations administered under Division 82. (c) A proposed use is considered to have a “significant impact” and an SDI of 7% if the Department determines: (A) The proposed use would impose more than one public trust use restrictions that last more than fourteen (14) consecutive days, or, (B) The proposed use would preclude the Department from issuing any other waterway authorizations administered under division 82. (5) The Site Diminishment Impact for an easement or lease is calculated by the Department as follows: (a) A proposed use is considered to have “no or minimal impact” and an SDI of 1% if the Department determines that: (A) The proposed use would not impose any public trust use restrictions that last more than fourteen (14) consecutive days per calendar year, and (B) The proposed use would not limit or constrain the Department in issuing other waterway authorizations administered under Division 82. (b) A proposed use is considered to have a “moderate impact” and an SDI of 50% if the Department determines that: (A) The proposed use would impose one public trust use restriction that lasts more than fourteen (14) consecutive days, or (B) The proposed use would limit or constrain the Department in issuing other waterway authorizations administered under division 82. (c) An easement or lease is considered to have a “significant impact” and an SDI of 100% if the Department determines that: (A) The proposed use would impose more than one public trust use restrictions that last more than fourteen (14) consecutive days, or, (B) The proposed use would preclude the Department from issuing any other waterway authorizations administered under division 82. (6) In calculating compensation under these rules, applicants may substitute an appraised value of the adjacent riparian tax lot or as determined by the Department, a comparable tax lot in place of the assessed value. The Department reserves the right to evaluate, review, and challenge the appraisal. The appraisal shall be conducted at the applicant's expense. If the appraisal is used by the Department to calculate the compensation, the Department will credit one-half of the cost of the appraisal to the applicant’s compensation. In the event of a dispute between the Department and the applicant, the value shall be determined through the three-appraiser method specified in ORS 274.929(3). (7) If in the process of calculating compensation, the AV is found to be depressed due to the presence of hazardous substances or some other extenuating circumstance(s) as determined by the Department, another comparable upland tax lot shall be selected by the Department as the basis for calculating the compensation. The applicant may suggest a comparable tax lot or may appeal the Department's selection as allowed in OAR 141-145-0090.