ORS Chapter 780
Chapter 780 — Improvementand Use of Navigable Streams
2009 EDITION
IMPROVEMENTAND USE OF NAVIGABLE STREAMS
SHIPPINGAND NAVIGATION
780.010 Streamimprovement authorized; channel obstruction prohibited
780.020 Entryon riparian lands authorized; liability
780.030 Channelsimproved are highways free to navigation
780.040 Whenlandowner may construct wharf
780.050 Municipalityor port may regulate construction of certain structures beyond low-water mark
780.060 Constructionnot to interfere with oyster production
780.010Stream improvement authorized; channel obstruction prohibited. Any person,association, or corporation may enter upon the channel or bed of any and allrivers and watercourses, navigable or susceptible of being made navigable, andperform work and labor thereon, and make such improvement of the same byclearing out or deepening the channel, constructing wing dams, blasting andremoving rocks or ledges, removing sand bars, gravel bars, snags and all otherobstructions to navigation, so as to render the rivers or any of them navigableat all seasons of the year or to improve the navigation. No work authorized byORS 780.010 and 780.020 to be done shall be so done or conducted as to obstructin any manner, either temporarily or otherwise, any channel or river nownavigable, but the closing of one or more channels in any river in order todeepen or cause more water to flow in the main channel shall not be construedas constituting an obstruction to the navigation of any river or watercourse.
780.020Entry on riparian lands authorized; liability. All persons,associations and corporations engaging in improvement of the navigation of anyriver or watercourse, as authorized in ORS 780.010, may enter upon the landsadjacent to any river or watercourse for the purpose of cutting timber, takingrock, gravel, dirt and other materials necessary for the prosecution of thework of such improvement, and pass over adjacent lands with means oftransportation proper for conducting the work contemplated by ORS 780.010,doing as little damage as possible, subject only to the payment of such damagesas may be assessed according to law.
780.030Channels improved are highways free to navigation. All channels ofrivers and watercourses made navigable or the navigation of which is improved,as contemplated by ORS 780.010, shall be public highways, and shall be free toall crafts navigating them. [Amended by 2005 c.22 §510]
780.040When landowner may construct wharf. (1) The owner of any land lying uponany navigable stream or other like water, and within the corporate limits ofany incorporated town or within the boundaries of any port, may construct awharf upon the same, and extend the wharf into the stream or other like waterbeyond low-water mark so far as may be necessary for the use and accommodationof any ships, boats or vessels engaged exclusively in the receipt and dischargeof goods or merchandise or in the performance of governmental functions uponthe stream or other like water.
(2)As used in this section, “wharf” does not include new lands created uponsubmersible or submerged lands by artificial fill or deposit. [Amended by 1963c.125 §1; 1973 c.328 §2]
780.050Municipality or port may regulate construction of certain structures beyondlow-water mark.The corporate authorities of the town wherein a wharf, dock, pier, moorage orsimilar structure is proposed to be constructed, or the commission of any portwherein the structure is proposed to be constructed if the proposed location ofthe structure is not within any town, may regulate the construction of thestructure. Upon application of the person entitled to and desiring to constructthe wharf, dock, pier, moorage or similar structure, the corporate authoritiesor port commission, as the case may be, may by ordinance or other like modeprescribe the mode and extent to which the structure may be constructed beyondthe line of low-water mark so that the structure shall not be constructed anyfarther into the stream or other water beyond the low-water line than may benecessary and convenient for the use of the structure and so that it will notunnecessarily interfere with the navigation of the stream or other like water. [Amendedby 1963 c.125 §2; 1973 c.328 §3]
780.060Construction not to interfere with oyster production. Nothing in thischapter authorizes the construction of a wharf, dock, pier, moorage or similarstructure at any place where its construction and operation will substantiallyimpair or interfere with the cultivation and taking of oysters subject to theprovisions of ORS 622.210 to 622.300 and 622.320. [1969 c.675 §20; 1973 c.328 §4]
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