OAR 141-068-0120. Reservation of New and Historically Filled Land

(1) Pursuant to ORS 274.940, the Department may reserve new and historically filled lands from sale, transfer or lease where upon notice and hearing the Department determines that the public interest requires the lands to be preserved for recreation, conservation of fish and wildlife or the development of navigation facilities. But in case of such reservation, the adjoining or opposite upland or riparian owner shall be allowed reasonable access across such reserved historically filled lands to navigable water. (2) The Department shall use the comments received during public review and other findings when considering whether lands shall be reserved from sale. (3) The Department shall hold a public hearing in the affected community prior to reserving the new or historically filled lands from sale. (4) The Department will give 30 calendar days’ notice of a public hearing to adjacent land owners, lessees, interested persons, agencies and local governments by mail or e-mail, and press release. The public hearing information will also be posted on the Department’s website. (5) A determination that the public interest requires new and historically filled lands to be reserved is not a final agency order.