Does the Land Board and the Department have to follow a particular process in conducting a navigability study?
Yes. During the 1995 session of the Oregon State Legislature, a bill was enacted establishing the process the Land Board and the Department must follow in undertaking navigability studies. In 1995, House Bill 2697 (codified as ORS 274.400 to 274.412) was passed requiring the Land Board to adopt administrative rules implementing the navigability study process established by the legislation. This process ensures that the public is provided with numerous notices of Land Board and the Department’s actions concerning navigability studies, and opportunities to provide input.