VERY Important Update: Living Aboard

From Recurring Dream Houseboat.  Ed. Note:  This is a classic re-post.

Rainy afternoon on the river. Time for an update:

As some of you may know, I was asked by the Department of State Lands to take part in a Rules Advisory Committee for their recent series of meetings regarding waterway leasing in the State of Oregon. After much presentation of current data, and arguments for provisional use by the boaters of Oregon, the department has refused to change the overly restrictive rules regarding use of state-owned submerged land. (I did manage to talk them out of the insertion of a particularly blatant statement that “all live aboards must be in a marina” with the idea that this left no possibility for any alternative solutions.)

As it currently stands, the rules still forbid Oregon citizens from using one location on any public waterway for longer than 30 calendar days (that is ANY 30 days, not just consecutive) after which they will be banned from using that location again for any purpose for an entire year. That includes all otherwise protected uses of public land including camping, fishing, etc. For example: If enforced, this would mean that any boat anchored in the Bowl for Blues Fest, and staying for the entire month, would be banned from anchoring anywhere in the downtown area until the following July. This is clearly an overly restrictive application of leasing rules, and contrary to the Public Trust Doctrine.

When asked, the Department had little to offer by way of alternative, saying that it was a matter of policy beyond their control, and since most marinas in Oregon are in the process of removing live aboard boaters from their properties, independent live aboards like myself are left with few choices.

There will be several opportunities for public comment regarding these rules, which I will share in a follow up to this post. I encourage any of you reading this to contact the officials involved, and urge them to change this overly restrictive and completely unnecessary rule.

Thank you all for your support and encouragement. See you on the river!

Petition: Sign Here.

As promised, info for contacting the people involved with this rule, and venue for public comment:

DEPARTMENT OF STATE LANDS

Nancy Pustis
503.877.8044
nancy.pustis@state.or.us

Bill Ryan
503.261.0336
bill.ryan@state.or.us

The Department of State Lands will be accepting public comment on the following rulemaking activity:

DIV 82 RULES GOVERNING THE MANAGEMENT OF, AND ISSUING OF LEASES, LICENSES AND REGISTRATIONS FOR STRUCTURES ON, AND USES OF STATE-OWNED SUBMERGED AND SUBMERSIBLE LAND.

(This is regarding the overly restrictive transient use rule, and the necessity to provide viable alternatives for law abiding independent live aboard boaters)

Written comments can be submitted via email to: rules@dsl.state.or.us

or by U.S. mail to: Sabrina Foward, Rules Coordinator, 775 Summer Street NE, Suite 100, Salem, Oregon 97301-1279.

(Comments via telephone cannot be accepted.)

In addition, public meetings will be held at the following locations and times:

Wednesday, May 18, 2016; 4:00-6:00 PM Tillamook County Commissioners Conference Rooms A & B, 201 Laurel Ave, Tillamook, OR 97141

Tuesday, May 19, 2016; 4:00-6:00 PM
Dept of State Lands, Land Board Room, 775 Summer St NE, Salem, OR 97301

May 24, 2016; 4:00-6:00 PM North Bend Library, 1800 Sherman Ave, North Bend, OR 97459

Wednesday, May 25, 2016; 4:00-6:00 PM Klamath County Board of Commissioners, BOCC Conference Room, Rm 219, Klamath Falls, OR 9760

 recurring
This is the final draft for the proposed wording of the rule in question:84)“Transient Use” means any temporary use with no long term or extended use of the state-owned waterway intended. Transient use includes barge staging of not more than fourteen (14) consecutive days in any one (1) location. Other uses are considered transient if they are for less-than or equal-to thirty (30) calendar days during any contiguous 12-month time period, within a distance of five miles.

More Info Here.

Thanks to Dan Hohman!

Originally posted 2016-05-15 18:50:33.

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