Chapter 465 Oregon Laws 2003

AN ACT

HB 2688

Relating to material removed from lands of navigable streams; creating new provisions; and amending ORS 274.550.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 274.550 is amended to read:

274.550. (1) [The removal of] A person may remove material from submersible and submerged [lands of any navigable stream, owned by the State of Oregon, is authorized when the material] lands owned by the State of Oregon without payment of royalties to the Division of State Lands if the material is:

(a) [is] Removed for channel or harbor improvement or flood control[, or];

[(b) is used for filling, diking or reclaiming land located not more than one-half mile from the bank of the stream, or]

[(c)] (b) [is] Used for filling, diking or reclaiming land owned by the state or any political subdivision as defined in ORS 271.005 [(3)] and located not more than two miles from the bank of the stream; [. However, before removal, the person, organization or agency contemplating removal shall first notify the Division of State Lands.]

(c) Used for the creation, maintenance or enhancement of fish or wildlife habitat;

(d) Used for the maintenance of public beaches; or

(e) Contaminated with hazardous material, as defined in ORS 466.605, provided that the person gives the division written notice of the removal at least 30 days prior to disposal.

(2) A person does not have to pay royalties to the state for the following uses of material, if the person provides at least 30 days’ written notice to the division of the intended use:

(a) The filling of any property up to an elevation of one foot above the line of ordinary high water of a waterway by a state agency or political subdivision, as defined in ORS 271.005.

(b) The material is used solely for a public purpose by a political subdivision, as defined in ORS 271.005.

[(2) No payment of royalty shall be required for the material unless it is removed from the place deposited and sold or used as an article of commerce. Before any material may be removed from the place deposited and sold or used as an article of commerce, the division shall be duly notified in writing of the intended removal and sale or use as an article of commerce and payment shall be made to the division of a royalty determined by the Division of State Lands.]

(3) A person may not remove any material from the place it was first deposited or use the material as an article of commerce without providing, prior to the removal of the material, written notification to the division and payment of any royalties for the material as determined by the division.

[(3)] (4) In addition to the purposes enumerated in subsection (1) of this section, any person may take material for the exclusive use of the person to the extent of not more than 50 cubic yards or the equivalent weight in tons in any one year. However, before taking the material, the person shall first notify the division.

(5) Upon the removal of material from submersible or submerged lands not exempt from the payment of royalties, royalties in an amount established by the division must be paid to the division.

(6) For purposes of this section:

(a) “Article of commerce” means any material, other than material used for upland disposal or contaminated material put to beneficial use, that is bought, sold or exchanged in any manner for goods or services and that otherwise would have to be acquired from alternative sources.

(b) “Reclaiming land” means raising the elevation of a portion of land within a 100-year flood plain to not more than one foot of elevation higher than the highest elevation of the 100-year flood plain, or protecting land otherwise in the 100-year flood plain by the construction of dikes or other flood control improvements.

SECTION 2. The amendments to ORS 274.550 by section 1 of this 2003 Act apply to material removed from submersible and submerged lands on or after the effective date of this 2003 Act.

Approved by the Governor June 24, 2003

Filed in the office of Secretary of State June 24, 2003

Effective date January 1, 2004

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