OAR 141-145-0080: Closure of Submerged and Submersible Land Subject to Remedial Activity or Habitat Restoration to Public Use

(1) State-owned submerged and submersible land must remain open to Public Trust Uses unless a restriction is approved by the Department or other agencies with jurisdiction over navigation or public safety. (a) Notwithstanding the provisions of division 88, a holder may close all or a portion of the authorized area to Public Trust Uses, or restrict Public Trust Uses within all or a portion of the authorized area, provided the closure or restriction is: (A) Reasonably necessary to protect persons and property from harm arising from holder’s authorized use of the submerged and submersible land; (B) Limited in duration; and (C) Limited in scope. (b) If the proposed closure or restriction is wholly or partially within the navigation channel of the waterway as established by the United States Coast Guard, or is located in such a way as to increase traffic in or otherwise impact use of the navigation channel, holder shall consult with the United States Coast Guard, the Oregon Marine Board and any applicable port prior to implementing the closure or restriction. Holder must comply with all requirements imposed by the United States Coast Guard and the Oregon Marine Board. (c) The holder must provide written notice to the Department no less than fourteen (14) days prior to the implementation of any closure or restriction. The written notice must identify the need for and the scope, and duration of the closure or restriction, and must certify that holder has consulted and received approval from the United States Coast Guard and the Oregon Marine Board regarding the closure or restriction, if required under OAR 141-145-0080(1)(b). (d) The Department, in its sole discretion, may at any time require holder to terminate or modify the closure or restriction. The Department, in its sole discretion, may at any time require the closure or restriction to be established pursuant to Division 88. (2) The Director may impose restrictions on, or close state-owned land if the Director determines that the restriction or closure is necessary to facilitate or protect any removal or remedial action undertaken by or pursuant to an order issued by ODEQ or EPA. (3) The procedures for imposing these restrictions are set forth in OAR 141-088-0008. (4) The State Land Board may impose restrictions on or close state-owned land if the State Land Board determines that the restriction or closure is necessary to facilitate or protect a habitat restoration project. (5) The procedures for imposing these restrictions are set forth in OAR 141-088-0006