P.O. Box 36
Lincoln City, OR 97367
PADLsteward@wcn.net
Laws
& Legislation
Lincoln
City - Lincoln City's Code of Ordinances are online at www.lincolncity.org,
or http://www.codepublishing.com/OR/LincolnCity/.
City Hall is located at 801 SW Hwy 101, Lincoln City, OR 97367, Planning
541-996-2153,
Public Works 541-996-2154.
Lincoln County - The
Lincoln County Planning number is 541-265-4192, Public Works is 541-265-5747.
Lincoln County's website is www.co.lincoln.or.us.
Oregon
State - www.oregon.gov -
Oregon Administrative Rules (OAR) - http://arcweb.sos.state.or.us/banners/rules.htm
Boathouses | Burning
| Docks | Erosion
| Grass Carp | Invasive
Species | Oregon
Statewide Planning Program and Goals | Trees
| Watercraft |
Wetlands
Boathouses
307.190 Tangible personal property held for personal use;
inapplicability of exemption to property required to be registered, floating
homes and boathouses. (1) All items of tangible personal property held by the
owner, or for delivery by a vendor to the owner, for personal use, benefit
or enjoyment, are exempt from taxation.
(2) The exemption provided in subsection (1) of
this section does not apply to:
(a) Any tangible personal property held by the
owner, wholly or partially for use or sale in the ordinary course of a trade
or business, for the production
of income, or solely for investment.
(b) Any tangible personal property required to
be licensed or registered under the laws of this state.
(c) Floating homes or boathouses, as defined in ORS 830.700. [Amended by 1953
c.698 §7; 1969 c.648 §1; 1977 c.615 §2; 1985 c.614 §1;
1987 c.601 §5]
Note: The amendments to 307.190 by section 63, chapter 655, Oregon Laws 2003,
become operative May 1, 2005. See section 147, chapter 655, Oregon Laws 2003.
The text that is operative on and after May 1, 2005, is set forth for the user’s
convenience.
307.190. (1) All items of tangible personal property
held by the owner, or for delivery by a vendor to the owner, for personal use,
benefit or enjoyment,
are exempt from taxation.
(2) The exemption provided in subsection (1) of
this section does not apply to:
(a) Any tangible personal property held by the
owner, wholly or partially for use or sale in the ordinary course of a trade
or business, for the production
of income, or solely for investment.
(b) Any tangible personal property required to
be licensed or registered under the laws of this state.
(c) Floating homes or boathouses, as defined in
ORS 830.700.
(d) Manufactured structures as defined in ORS
446.561.
307.193 [1969 c.605 §18; repealed by 1971 c.529 §37]
Burning
Lincoln City enacted an outdoor
burn ban.
Docks
The State of Oregon owns the submerged and submersible
land underlying many of the state’s waterways. The State Land Board, which
consists of the Governor, Secretary of State, and State Treasurer, is charged
with managing this land on behalf of all Oregonians. The Division of State Lands
(DSL), as the Land Board’s administrative arm, is responsible for the day-to-day
management of this publicly-owned resource.
In many places throughout Oregon, people have constructed or placed
structures on state-owned submerged and submersible land. These structures range
from large commercial marinas to small, private use docks. In almost all cases,
state law requires that the owner of a structure placed on state-owned submerged
and submersible land must obtain authorization from DSL to occupy that land.
In 1998, the Land Board adopted administrative rules that
allow certain, privately-owned, non-commercial structures such as docks, floats,
boat houses and floating recreational cabins to obtain the appropriate authorization
from DSL in the form of a simplified registration rather than a lease.
The following uses of state-owned submerged and submersible lands
must be registered with DSL:
• Non-commercial docks/floats and boat houses smaller than 2,500 square
feet and associated gangways, dolphins, pilings and protective booms
• Non-commercial floating recreational cabins smaller than 1,500 square
feet and associated gangways, dolphins, pilings and protective booms
• Water sport structures (unless authorized by the Oregon Marine Board
with a Special Use Device Permit)
• Any similar structure determined by DSL to be registerable
Each registration is good for five years.
Erosion
Intergovernmental Erosion Control Ordinance with
Lincoln City and Lincoln County. The City of
Lincoln City Public Works Department, sells a Manual on Erosion Prevention
and Sedimentation Control Practices for technical guidance.
In November of 1997 the City Council of Lincoln City approved an
ordinance amending Chapter 12.08 (Grading and Excavations) of the municipal
code to conform to the city's grading regulations with minor revisions, to appendix
Chapter 33 of the uniform building code; to establish erosion prevention and
sedimentation control regulations; and to provide for educational programs,
and declaring an emergency.
Also, in November of 1997 the Council approved an ordinance amending
Chapter 12.08 (Grading and excavations) of the municipal code to make compliance
with Chapter 12.08 a condition to receiving new city water service outside the
city; and declaring an emergency.
A. To maximize the likelihood that appropriate erosion prevention
and sediment control requirements will be followed within the Lincoln City urban
growth boundary, the city shall not provide a new water service to any property,
outside the city but inside the urban growth boundary, unless the property owner
first enters into a written agreement, approved by the city engineer, that before,
during, and following any land disturbing activity on the property, the owner
will fully comply with all requirements, procedural and substantive, of this
chapter, as though the property were within the city.
B. In the event land disturbing activity occurs in violation
of an agreement entered into under subsection (A) of this section, the city
engineer, as a remedy in addition to any other available remedy, may cause a
termination of water service to the property.
Finally in the spring of 2000 with continued effort by the
Devils Lake Water Improvement District manager Lori Campbell, the Lincoln County
Board of Commissioners approved the ordinance that creates regulations to control
erosion and prevent sediment loss in the county lands around Devils Lake. More
than half of the lake is outside the city's jurisdiction, and far more than
half of the watershed is.
There are two categories of regulations. One is large scale excavating
and grading work, defined as more than 50 cubic yards of material, the other
is small scale activities of the same sort. The Lincoln County Public Works
would administer the grading permit required.
Report Erosion problems around the lake to both 1) Lincoln
City Public Works and erosion control officer 541-996-2154 and 2) DLWID 541-994-5330.
Grass Carp
Oregon Administrative Law - It is illegal and a class
"A" misdemeanor to angle for, or have "Grass Carp" in possession.
The law provides at the discretion of the court, a maximum levied fine of $1,000
and the court could impose a 1 year sentence, and take your rod away.
Invasive
Species
Oregon
Administrative Rules
OAR 635-056 and OAR 603-052-1200 on the sign
See http://arcweb.sos.state.or.us/banners/rules.htm
DEPARTMENT OF FISH AND WILDLIFE, DIVISION 56 - IMPORTATION, POSSESSION,
CONFINEMENT, TRANSPORTATION AND SALE OF NONNATIVE WILDLIFE
635-056-0000 - Purpose and General Information - The purpose of these
rules is to protect Oregon's native wildlife. These rules aim for this goal by
regulating human actions involving nonnative wildlife (whether those actions
involve trade in nonnative wildlife or involve interaction with nonnative species
in the wild). The rules allow private use or ownership of nonnative species to
the extent that they do not pose a significant risk of harm to native species.
DEPARTMENT OF AGRICULTURE, DIVISION 52 - PEST AND DISEASE CONTROL
603-052-1200 - Quarantine; Noxious Weeds
(1) Establishing
Quarantine. A quarantine is established against the noxious weeds listed herein.
Noxious weeds have become so thoroughly established and are spreading so rapidly
that they have been declared a menace to the public
welfare. ORS 570.505.
(2) Areas
Under Quarantine. The entire state of Oregon and all other States of the United
States and all foreign countries.
(3) Covered
Plants. For purposes of this rule the term "plants" applies to whole
plants, plant parts, and seeds. This rule applies to all "A" and "B" designated
noxious weeds listed herein, except as provided in subsections (c) and (d). Plants
on the Federal Noxious Weed List (7 C.F.R. 360.200) are also covered by this
rule, with the exception of Japanese blood grass, Imperata cylindrica, var. Red
Baron and Chinese water spinach, Ipomoea aquatica.
Oregon Statewide Planning Program and Goals
"Oregonians have very protective feelings about one of the state's most
priceless resources–the landscape." –Governor Tom McCall, 1973.
Governor McCall once had a home at Roads End, north of Lincoln City.
In 1973, Oregonians passed
important new laws to protect their landscape and provide orderly ways of planning
for new development. The legislature created a new citizen board, the Land Conservation
and Development Commission.
The two goals that affect the Lincoln City area are Goals
5 and 17.
Goal 5: Natural resources, scenic and historic areas,
and open spaces. These resources promote a healthy environment and natural landscape
that contributes to Oregon's livability. The following resources shall be inventoried:
riparian corridors, including water and riparian areas and fish habitat; wetlands;
wildlife habitat; cultural areas and other resources.
Riparian area: The area adjacent to a river,
lake, or stream, consisting of the area of transition from an aquatic ecosystem
to a terrestrial ecosystem.
Goal 17: Coastal shorelands are the lands next to estuaries,
coastal lakes, and the ocean. These areas are very specifically defined, and
there are inventories of the lands and land uses within them. Based on the inventories,
local plans for each area must identify their coastal shorelands and specify
how certain types of land and resources are to be protected. A community must
protect its marshes and wildlife habitats. To conserve, protect, where appropriate,
develop and where appropriate restore the resources and benefits of all coastal
shorelands, recognizing their value for protection and maintenance of water
quality, fish and wildlife habitat, water-dependent uses, economic resources
and recreation and aesthetics. They shall also minimize man-induced sedimentation
in estuaries, nearshore ocean waters, and coastal lakes. The planning area shall
be defined by the following: All lands west of the Oregon Coast Highway as described
in ORS 366.235. All lands within an area defined by a line measured horizontally:
a. 1000 feet from the shoreline of estuaries; and b. 500 feet from the shoreline
of coastal lakes.
The city has inventoried and mapped out significant resources
to be protected. The city has defined in Section 3.111-3.112, the Natural Resource
Overlay Zone (NR).
There are rules about removing native vegetation. The
responsible party must obtain all required federal and state permits (e.g. US
Army Corps of Engineers permit, Oregon Water Resources Department permit, Division
of State Lands fill/removal permit). For information contact the Department
of Land Conservation and Development, 1175 Court Street NE, Salem, OR 97310,
503-373-0050 or the Lincoln City Planning Department 541-996-2153.
Trees
Lincoln City has a tree removal protection
regulation. A permit is required to cut a tree having a trunk diameter of eight
inches (approximately twenty-five inches in circumference) or more in diameter
at breast height (DBH -- the cross sectional diameter) of the trunk of a tree
when measured at a point four and one-half feet (fifty-four inches) above the
base of the trunk on the uphill side. In the case of multi-stemmed or trunked
trees, the diameter shall be the sum of diameters of all individual stems or
trunks; over a certain diameter. Check with the planning department before cutting
down a tree. Trees are important to the Devils Lake watershed by stabilizing
the soil, providing wind breaks, wildlife habitat and noise buffers.
Watercraft Rules
There
are some basic safety laws and rules which apply to all waters of Oregon and
some specific to Devils Lake. A boating synopsis is available from the Marine
Board.
The best way to avoid additional regulations is to eliminate conflicts by using some simple courtesy.
Remember
when launching and loading boats, avoid blocking ramps and docks when others
are waiting to use the facility.
Watch your wake. Be alert for swimmers, downed water skiers, and slow
moving boats.
Give fishermen a wide berth. Respect non-motorized watercraft by keeping
a safe distance.
It is unlawful to litter in state waters. Many forms of plastic litter
including polystyrene cups, plastic bags, bait packages, and monofilament line
can kill birds, fish, and marine mammals. Properly dispose of your litter on
shore. The penalty for littering from a boat includes a fine and suspension
of the boat's certificate of number.
Equipment requirements vary with the size of the boat and its source
of power. Check the Boater's Handbook to determine the proper equipment to have
on board your boat.
OAR 250-21-030 (14) No person shall chase, harass, molest, worry or disturb any wildlife with a personal watercraft except while engaging in lawfully angling for, hunting, or trapping such wildlife (ORS 498.006)
OAR 250-20-231
(2) Boat Operations on Devils Lake and Adjacent Waters:
(a) No person shall operate a motorboat at a speed in excess of 3 MPH within
200 feet of the swimming area at "Sand Point Park" formerly known
as "Viewpoint Park";
(b) No person shall operate a motorboat at a speed in excess of 3 MPH on the
water adjacent to the "D" River, known locally as Hostetters Canal;
(c) No person shall operate a motorboat at a speed in excess of 5 MPH on that
part of the "D" River, which is west of an established marker on the
south bank of the River near the outlet from Devils Lake.
OAR 250-10-121
(1) The exhaust of every internal combustion engine used on any motorboat shall
be effectively muffled at all times in accordance with ORS 830.260.
(2) No person shall operate a motorboat on the waters of this state that exceeds
a noise level as follows:
(a) For engines manufactured before January 1, 1993, a maximum noise level of
90 dBA when subjected to a stationary test as prescribed by SAE J2005.
(b) For engines manufactured after January 1, 1993, a maximum noise level of
88 dBA when subjected to a stationary test as prescribed by SAE J2005.
(3) This regulation shall not apply to motorboats competing, under a permit
issued by the State Marine Board, in a regatta.
Wetlands
There
are strict laws protecting wetlands. Know the law. Realtors, Contractors and
Property
Owners
should not pretend ignorance of the law!
Significant Wetlands - Filling
in land and removing vegetation are not allowed. Lincoln City spent money and
years working through the Goals 5 and 17 process. There are laws protecting significant
wetlands and they are not being followed. Notify Lincoln City, Lincoln County
and the Division
of
State
Lands
if you know of a property owner not complying.
OR
Department of State Lands (DSL)
775 Summer St NE, Suite 100
Salem, OR 97301
503-378-3805
statelands.dsl.state.or.us/
wetlands
www.oregon.gov/DSL/WETLAND/index.shtml
•Lincoln Land Legacy Program - Lincoln County. The purpose
of the program is to acquire, on a willing-seller basis, lands and conservation
easements focused on the preservation of the scenic and aesthetic character of
Lincoln County and/or on providing access to recreation and scenic areas. The
program seeks to preserve key elements of the natural landscape character of
Lincoln County through these easement acquisitions.
The emphasis of the Lincoln Land Legacy Program is on the protection
of view sheds, scenic areas and access to recreation elements not currently addressed
by regulatory or other conservation initiatives. The program also seeks opportunities
to work with other conservation organizations and initiatives for acquisitions
that fulfill multiple conservation objectives.
PADL encourages property owners with significant wetlands to
investigate this program. For info contact Lincoln County at 265-4100, or 225
W Olive, Newport, Oregon.
Mandatory Boater
Education Cards
Take a boater safety course. The Red Cross offers classes using the Boat Oregon
- a Course in Responsible Boating curriculum sponsored by the Oregon State Marine
Board. The Marine Board website is www.boatoregon.com.
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Copyright ©
2003-2011 Preservation Association of Devils Lake (PADL).
All rights
reserved.
P.O. Box 36
Lincoln City, OR 97367
PADLsteward@wcn.net