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Oregon Revised Statutes

Or. Rev. Stat. § 274.005 (2026)

Definitions

✓ current as of May 2026
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      274.005 Definitions. As used in this chapter, unless the context requires otherwise:

      (1) “Department” means the Department of State Lands.

      (2) “Director” means the Director of the Department of State Lands.

      (3) “Line of ordinary high water” means the line on the bank or shore to which the high water ordinarily rises annually in season.

      (4) “Line of ordinary low water” means the line on the bank or shore to which the low water ordinarily recedes annually in season.

      (5) “Land” includes water, water rights, easements of every nature and all appurtenances to land.

      (6) “Material” includes gravel, rock, sand and silt, but does not include hard minerals subject to ORS 274.610, or oil, gas and sulfur subject to ORS 274.705 to 274.860.

      (7) “Submerged lands,” except as provided in ORS 274.705, means lands lying below the line of ordinary low water of all navigable waters within the boundaries of this state as heretofore or hereafter established, whether such waters are tidal or nontidal.

      (8) “Submersible lands,” except as provided in ORS 274.705 means lands lying between the line of ordinary high water and the line of ordinary low water of all navigable waters and all islands, shore lands or other such lands held by or granted to this state by virtue of her sovereignty, wherever applicable, within the boundaries of this state as heretofore or hereafter established, whether such waters or lands are tidal or nontidal. [1967 c.421 §98 and 1967 c.616 §13; 1969 c.594 §31; 1991 c.217 §3; 2003 c.253 §20]

 

      274.010 [Amended by 1961 c.619 §41; renumbered 274.885]

Notes of Decisions
Cited in 18 cases (1 in the last 5 years), 1968–2024 · leading case: Kramer v. City of Lake Oswego, 446 P.3d 1 (Or. 2019).
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Kramer v. City of Lake Oswego, 446 P.3d 1 (Or. 2019). · cites it 2× “2d 205 (1968) ; ORS 274.005(7), (8) (defining submerged and submersible lands).”
Sea River Props., LLC v. Parks, 333 P.3d 295 (Or. 2014). · cites it 3× “” ORS 274.005(3). The line of ordinary low water is “the line on the bank or shore to which the low water ordinarily recedes annually in season.”
Johnson v. Dep't of Revenue, 639 P.2d 128 (Or. 1982). · cites it 4× “NOTES [1] ORS 274.005(7) defines submerged lands as follows: "(7) `Submerged lands,' except as provided in ORS 274.”
Hardy v. State Land Bd., 360 P.3d 647 (Or. Ct. App. 2015). · cites it 5× “” The definitions in ORS 274.005 apply throughout ORS chapter 274, “unless the context requires otherwise.”
Joshua Bohmker v. State of Oregon, 903 F.3d 1029 (9th Cir. 2018). “The moratorium applies up to the line of ordinary high water, as defined in ORS 274.005, and 100 yards upland perpendicular to the line of ordinary high water that is located above the lowest extent of the spawning habitat in any river and tributary thereof in this state…”
Corvallis Sand & Gravel Co. v. State Land Bd., 439 P.2d 575 (Or. 1968). · cites it 2× “” As stated, provision was made in 1963 for the sale of the beds of navigable rivers, both tidal and non-tidal: ORS 274.005 ( 5); 274.915. We express no.”
State Ex Rel. Div. of State Lands v. Norris, 50 P.3d 595 (Or. Ct. App. 2002). · cites it 2× “ORS 274.005(7); Brusco Towboat v. State Land Bd.”
Smith Tug & Barge Co. v. Columbia-Pac. Towing Corp., 443 P.2d 205 (Or. 1968). · cites it 2× “ORS 274.005(4). Oregon statutes use the phrase "submerged lands" to describe the land lying below the low-water mark whether in tidal or nontidal waters.”
Kramer v. City of Lake Oswego, 395 P.3d 592 (Or. Ct. App. 2017). “The phrase “submersible lands” generally refers to the land lying between the high-water mark and the low-water mark of a navigable body of water, whether tidal or nontidal; the term “submerged lands” is used to describe the land lying below the low-water mark.”
Brusco Towboat Co. v. State Ex Rel. State Land Bd., 589 P.2d 712 (Or. 1978). “Submersible lands are lands which lie between the ordinary low-water mark and the ordinary high-water mark in navigable waters, and all other islands, shore lands, or other lands held by or granted to the state by virtue of her sovereignty.”
Bohmker v. Oregon, 172 F. Supp. 3d 1155 (D. Or. 2016). “The second sentence of SB 888 provides additional parameters for the moratorium: The moratorium applies up to the line of ordinary high water, as defined in ORS 274.005, and 100 yards upland perpendicular to the line of ordinary high water that is located above the lowest extent…”
Multnomah Cnty. v. Dep't of Revenue, 13 Or. Tax 170 (Or. T.C. 1994). · cites it 2× “” ORS 274.005(7). Submersible lands are defined as: “[L]ands lying between the fine of ordinary high water and the line of ordinary low water of all navigable waters and all islands, shore lands or other such lands held by or granted to this state by virtue of her sovereignty,…”
Show all 18 citing cases →
— Or. Rev. Stat. § 274.005(3) — 5 cases
Sea River Props., LLC v. Parks, 333 P.3d 295 (Or. 2014). “” ORS 274.005(3). The line of ordinary low water is “the line on the bank or shore to which the low water ordinarily recedes annually in season.”
Hardy v. State Land Bd., 360 P.3d 647 (Or. Ct. App. 2015). “” The definitions in ORS 274.005 apply throughout ORS chapter 274, “unless the context requires otherwise.”
Dept. of Transp. v. Dietrich (Or. Ct. App. 2024).
Sea River Props., LLC v. Parks (Or. 2014).
Sea River Props., LLC v. Parks (Or. 2014).
— Or. Rev. Stat. § 274.005(4) — 4 cases
Sea River Props., LLC v. Parks, 333 P.3d 295 (Or. 2014). “” ORS 274.005(3). The line of ordinary low water is “the line on the bank or shore to which the low water ordinarily recedes annually in season.”
Smith Tug & Barge Co. v. Columbia-Pac. Towing Corp., 443 P.2d 205 (Or. 1968). “ORS 274.005(4). Oregon statutes use the phrase "submerged lands" to describe the land lying below the low-water mark whether in tidal or nontidal waters.”
Sea River Props., LLC v. Parks (Or. 2014).
Sea River Props., LLC v. Parks (Or. 2014).
— Or. Rev. Stat. § 274.005(5) — 1 case
Corvallis Sand & Gravel Co. v. State Land Bd., 439 P.2d 575 (Or. 1968). “” As stated, provision was made in 1963 for the sale of the beds of navigable rivers, both tidal and non-tidal: ORS 274.005 ( 5); 274.915. We express no.”
— Or. Rev. Stat. § 274.005(7) — 7 cases
Kramer v. City of Lake Oswego, 446 P.3d 1 (Or. 2019). “2d 205 (1968) ; ORS 274.005(7), (8) (defining submerged and submersible lands).”
Johnson v. Dep't of Revenue, 639 P.2d 128 (Or. 1982). “NOTES [1] ORS 274.005(7) defines submerged lands as follows: "(7) `Submerged lands,' except as provided in ORS 274.”
Brusco Towboat Co. v. State Ex Rel. State Land Bd., 589 P.2d 712 (Or. 1978). “Submersible lands are lands which lie between the ordinary low-water mark and the ordinary high-water mark in navigable waters, and all other islands, shore lands, or other lands held by or granted to the state by virtue of her sovereignty.”
State Ex Rel. Div. of State Lands v. Norris, 50 P.3d 595 (Or. Ct. App. 2002). “ORS 274.005(7); Brusco Towboat v. State Land Bd.”
Hardy v. State Land Bd., 360 P.3d 647 (Or. Ct. App. 2015). “” The definitions in ORS 274.005 apply throughout ORS chapter 274, “unless the context requires otherwise.”
— Or. Rev. Stat. § 274.005(8) — 11 cases
Kramer v. City of Lake Oswego, 446 P.3d 1 (Or. 2019). “2d 205 (1968) ; ORS 274.005(7), (8) (defining submerged and submersible lands).”
Johnson v. Dep't of Revenue, 639 P.2d 128 (Or. 1982). “NOTES [1] ORS 274.005(7) defines submerged lands as follows: "(7) `Submerged lands,' except as provided in ORS 274.”
Sea River Props., LLC v. Parks, 333 P.3d 295 (Or. 2014). “” ORS 274.005(3). The line of ordinary low water is “the line on the bank or shore to which the low water ordinarily recedes annually in season.”
Kramer v. City of Lake Oswego, 395 P.3d 592 (Or. Ct. App. 2017). “The phrase “submersible lands” generally refers to the land lying between the high-water mark and the low-water mark of a navigable body of water, whether tidal or nontidal; the term “submerged lands” is used to describe the land lying below the low-water mark.”
State Ex Rel. Div. of State Lands v. Norris, 50 P.3d 595 (Or. Ct. App. 2002). “ORS 274.005(7); Brusco Towboat v. State Land Bd.”
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