(1) Any person who desires a permit to make an improvement on any property subject to ORS 390.640 shall apply in writing to the State Parks and Recreation Department on a form and in a manner prescribed by the department, stating the kind of and reason for the improvement. (2)(a) The department shall determine whether an application is complete within 30 days of receiving the application. If the department determines that an application is complete, the department shall: (A) Post written notice of the application at or near the location of the proposed improvement. (B) Provide written notice and the opportunity for public hearing for 30 days to affected federal and state agencies, local governments, federally recognized Indian tribes in Oregon and the public. (C) Provide written notice to: (i) All landowners whose land is identified in the application; (ii) All landowners whose land is adjacent to or directly affected by the proposed improvement or associated activities; and (iii) All persons who file a written request with the department for such notice. (b) The notice under paragraph (a) of this subsection shall include the name of the applicant, a description of the proposed improvement, the location of the proposed improvement and a statement of the time period within which interested persons may provide comments or file with the department a request for a hearing on the application. The department shall give notice of any application, hearing or decision to a person who files a written request with the department for such notice. (c) If the department determines that an application is not complete, the department shall notify the applicant in writing of the incomplete status and provide an explanation of the deficiencies of the application. (3)(a) Within 30 days after the date of posting the notice required in subsection (2) of this section, the applicant or 10 or more other interested persons may file a written request with the department for a hearing on the application. If such a request is filed, the department shall set a time for a hearing to be held by the department. The department shall cause notice of the hearing to be posted in the manner provided in subsection (2) of this section. The notice shall include the time and place of the hearing. ORS chapter 183 does not apply to a hearing or decision under this section. (b) Any public body, as defined in ORS 174.109, federal agency or federally recognized Indian tribe in Oregon requested by the department to comment on an application for a permit must submit its comments to the department not more than 30 days after receiving the request for comment. If a public body, federal agency or tribe does not comment on the application within 30 days, the department shall assume that the public body, federal agency or tribe has no objection. (4)(a) In acting on an application, the department shall take into consideration the matters described by ORS 390.655. The department shall issue a permit decision within 90 days of the date that the department determines that the application is complete, unless: (A) The period following a scheduled hearing would provide less than 45 days for a decision, in which case the decision shall be made within 45 days after the date of the hearing; (B) The applicant and the department agree in writing to a longer period of time for the department to make a permit decision; or (C) The department determines that an extension is reasonably necessary to coordinate authorization for the use of public lands with the permit decision. (b) The decision of the department shall include written findings setting forth the specific reasons for the approval or denial and, if the application is approved, any conditions the department considers necessary to maintain the standards established under ORS 390.655. (c) The department shall provide a copy of the written findings to the applicant at the time the department approves or denies the application. (5) Subsections (2) and (3) of this section do not apply to: (a) An application for a permit for the repair, replacement or restoration, in the same location, of an authorized improvement or improvement existing on or before May 1, 1967, if the repair, replacement or restoration is commenced within three years after the damage to or destruction of the improvement being repaired, replaced or restored occurs. (b) An application submitted under ORS 390.657. (6)(a) Notwithstanding subsection (1) of this section, the department may issue an emergency permit to a person to alter the ocean shore in response to an active erosion event or natural hazard for the purpose of making repairs or providing immediate and temporary measures to prevent imminent irreparable harm, injury or damage to persons or existing infrastructure. (b) In accordance with the policy and standards in ORS 390.610 and 390.655, the department shall adopt rules to administer this subsection, including but not limited to rules establishing: (A) The process for requesting and approving emergency authorizations; (B) Definitions of emergency, alter, temporary measures and other necessary terms; and (C) Requirements necessary to avoid or minimize impacts to the ocean shore, ocean shore resources and affected property. (7)(a) The department shall adopt rules to establish fees for: (A) Ocean shore improvement permits issued under this section; (B) Emergency permits issued under this section; and (C) General authorization permits issued under ORS 390.657. (b) The department shall establish fees under this subsection in consideration of recovery of administrative costs to the department, the type of applicant, the public benefit associated with the project, the construction value of the project, the impact to the ocean shore associated with the project type and mitigation costs associated with damage to the ocean shore or use of the ocean shore. (8) Fees received under this section shall be deposited into a subaccount of the State Parks and Recreation Department Fund. Such fees are continuously appropriated to the department for the purpose of carrying out the ocean shore program. (9) As used in this section, construction value includes but is not limited to the costs of labor and equipment rental.
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