Oregon Revised Statutes
As used in this chapter, unless the context requires otherwise: “Commission” means the State Parks and Recreation Commission. “Department” means the State Parks and Recreation Department. “Director” means the State Parks and Recreation Director. OUTDOOR RECREATION RESOURCES
The Legislative Assembly recognizes and declares: It is desirable that all Oregonians of present and future generations and visitors who are lawfully present within the boundaries of this state be assured adequate outdoor recreation resources. It is desirable that all levels of government and private interests take prompt and coordinated action to the exten…
In addition to any other persons permitted to enforce violations, the State Parks and Recreation Department and any employee of the State Parks and Recreation Department specifically designated by the State Parks and Recreation Director may issue citations for park and recreation violations established under this chapter in the manner provided by ORS chapter…
As used in ORS 390.060 to 390.067, unless the context requires otherwise: “State park lottery bonds” means the bonds authorized to be issued under ORS 390.067 for the purpose of financing state park projects. “State park projects” means projects for the acquisition, development, improvement, upgrading, preservation and expansion of the capacity of faciliti…
The Legislative Assembly declares that the purpose of ORS 390.060 to 390.067 is to authorize lottery bonds for state park projects. The lottery bonds authorized by ORS 390.060 to 390.067 shall be issued pursuant to ORS 286A.560 to 286A.585. The obligation of the State of Oregon with respect to the bonds and with respect to any grant agreement or other commit…
The Legislative Assembly finds that: Expenditures by visitors to Oregon state parks and by employees of the State Parks and Recreation Department currently contribute approximately $549 million each year to local economies throughout Oregon. The acquisition, development, improvement, upgrading, preservation and expansion of the capacity of facilities of the…
State park lottery bonds shall be issued only at the request of the State Parks and Recreation Director. State park lottery bonds may be issued in an amount sufficient to provide no more than $105 million of net proceeds to pay costs of state park projects, plus the amounts required to pay bond-related costs. The Oregon Parks for the Future Fund is establis…
STATE PARKS AND RECREATION DEPARTMENT (Generally)
The State Parks and Recreation Department is created. The department consists of the State Parks and Recreation Commission, the State Parks and Recreation Director and all other officers and employees of the department. Except as may be provided by an agreement to the contrary between the State Parks and Recreation Commission and the county, city or politic…
The State Parks and Recreation Department shall propose to the State Parks and Recreation Commission additional criteria for the acquisition and development of new historic sites, parks and recreation areas. The criteria shall include but need not be limited to: Criteria to address opportunities that may be lost to the department if acquisition is delayed, …
There is established a State Parks and Recreation Commission consisting of seven members appointed by the Governor. The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is eligible for reappointment. If there is a …
The Governor shall designate one member as chairperson, and the members shall select such other officers, for such terms and with such duties and powers necessary for the performance of such offices as the State Parks and Recreation Commission determines appropriate. A majority of the members of the commission constitutes a quorum for the transaction of bus…
In carrying out its responsibilities, the State Parks and Recreation Commission may: Acquire by purchase, agreement, donation or by exercise of eminent domain, real property or any right or interest therein deemed necessary for the operation and development of state parks, roads, trails, campgrounds, picnic areas, boat ramps, nature study areas, waysides, r…
In establishing its priorities for acquisition, the State Parks and Recreation Commission shall: Consider the criteria and specific examples set forth in ORS 390.112; and Encourage public nominations of significant resources that meet the criteria established pursuant to ORS 390.112 and other criteria pertaining to the acquisition of historic sites, parks …
In accordance with any applicable provision of ORS chapter 183, the State Parks and Recreation Commission may adopt rules necessary to carry out the duties, functions and powers imposed by law upon the commission and the State Parks and Recreation Department. Rules adopted pursuant to this section shall be duly entered in the minutes and records of the commi…
The State Parks and Recreation Commission shall appoint as State Parks and Recreation Director an individual well qualified by training and experience to serve for a term of four years unless sooner removed by the commission. The director shall receive such salary as may be prescribed by law. In addition to salary, subject to applicable law regulating trave…
The State Parks and Recreation Director is the executive head of the State Parks and Recreation Department and shall: Be responsible to the State Parks and Recreation Commission for administration and enforcement of the duties, functions and powers imposed by law upon the commission and the department. Appoint, supervise and control all commission employee…
As used in this section: “Camper” has the meaning given that term in ORS 801.180. “County” includes a metropolitan service district organized under ORS chapter 268, but only to the extent that the district has acquired, through title transfer, and is operating a park or recreation site of a county pursuant to an intergovernmental agreement. “Motor home” h…
Of the moneys deposited into the Parks and Natural Resources Fund created under ORS 541.940 from the Oregon State Lottery, 50 percent shall be deposited into a Parks Subaccount. The State Treasurer may invest and reinvest the moneys in the Parks Subaccount as provided in ORS 293.701 to 293.857. Interest from the moneys deposited in the Parks Subaccount and e…
There is established in the State Parks and Recreation Department a revolving fund known as the State Parks and Recreation Department Operating Fund. Moneys shall be transferred from the State Parks and Recreation Department Fund to the State Parks and Recreation Department Operating Fund as needed. Parks Donation Trust Fund moneys shall be transferred to t…
The State Parks and Recreation Department shall administer a program designed to allow volunteers to assist in the operation and maintenance of Oregon’s state parks. The program shall include public informational activities, but shall be directed primarily toward encouraging and facilitating involvement of volunteers in park operation and maintenance, assign…
Under the direction of the State Parks and Recreation Commission, the State Parks and Recreation Director shall: Study and appraise the recreation needs of this state and assemble and disseminate information relative to recreation, considering both tourist and local needs. Investigate the recreation facilities, personnel, activities and programs existing o…
In order to further the strategic priorities of the State Parks and Recreation Department, the State Parks and Recreation Director may enter into an agreement with a private, nonprofit organization under which the organization shall solicit gifts, grants and donations for the benefit of the department. At least 30 days before the director may enter into an …
The State Parks and Recreation Director shall adopt rules to carry out the provisions of ORS 390.141. The rules shall include, but need not be limited to: Procedures and forms to be used by a private, nonprofit organization desiring to enter into an agreement with the director under ORS 390.141; Restrictions on the use of the state seal on promotional item…
In order to further the interpretive and educational functions of recreation facilities in Oregon, the State Parks and Recreation Director may enter into an agreement with a private, nonprofit scientific, historic or educational organization organized solely for the purpose of providing interpretive services to recreation facilities in Oregon. An organizati…
The State Parks and Recreation Director shall adopt rules to carry out the purpose of ORS 390.143. The rules shall include but need not be limited to: Procedures and forms to be used by an organization desiring to enter into an agreement with the director under ORS 390.143; Guidelines for approving the interpretive material an organization proposes to prov…
The State Parks and Recreation Department may accept and expend, use or dispose of moneys and property from any public or private source, including the federal government, made available to the department in the form of grants, gifts, devises, bequests or endowments for the purpose of carrying out any of the provisions and purposes of ORS 390.140 to 390.150 …
The Parks Donation Trust Fund is established as a fund in the State Treasury. All gifts or donations of money received by the State Parks and Recreation Department shall be deposited with the State Treasurer and credited by the treasurer to the fund. The treasurer may establish subaccounts in the fund established in this section if the treasurer determines t…
The State Parks and Recreation Department may accept gifts or donations of moneys or property to be used for specific or general park and recreational purposes. Subject to the terms specified in a gift or donation, the State Parks and Recreation Commission may authorize use of gifts or donations in a manner that, in the commission’s judgment, best carries ou…
The State Parks and Recreation Director shall adopt rules that: Establish the standards the State Parks and Recreation Department shall use when that department: Performs comprehensive statewide recreational planning; or Disburses any moneys to tribal, regional or local governments or other state agencies under programs established under state or federal …
The State Parks and Recreation Department shall establish statewide recommended standards for the design of recreation projects, including trails, docks and public recreation access points, to ensure that state recreation areas are accessible to members of the public of all mobility levels. The department shall apply the statewide recommended standards to a…
A revolving fund not to exceed the aggregate amount of $100,000 may be established within the State Parks and Recreation Department Fund by a warrant drawn on any funds, other than General Fund, appropriated to or authorized for expenditure by the State Parks and Recreation Department. The fund shall be at the disposal of the State Parks and Recreation Depa…
The State Parks and Recreation Department shall use state correctional institution adult in custody labor to improve, maintain and repair buildings and property at state parks and recreation areas whenever feasible. The provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C do not apply to the use of state correctional institution adult in…
For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the State Parks and Recreation Department may require the fingerprints of a person who: Is employed or applying for employment by the department; Provides services or seeks to provide services to the department as a contractor or volunteer; or Is a licensee of t…
The right, title and interest of all state agencies, other than the State Fish and Wildlife Commission and political subdivisions, in the lands described in subsection (2) of this section are hereby vested in the State or Oregon by and through its State Parks and Recreation Department. All of the lands, together with the accretions thereto lying westerly of…
Consistent with ORS 390.010 and 390.180, the State Parks and Recreation Department shall develop a plan to make Crissey Field in Brookings a state park. The department may jointly develop the park with the State of California. Note: 390.231 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series …
If a local government, as defined by ORS 174.116, imposes a tax on the rental of privately owned camping or recreational vehicle spaces, the local government shall also impose that tax on the rental of camping or recreational vehicle spaces that are owned by the state or a local government. Notwithstanding any timeline imposed by a local government for remi…
(Archaeological Sites and Historical Material)
A person may not excavate or alter an archaeological site on public lands, make an exploratory excavation on public lands to determine the presence of an archaeological site or remove from public lands any material of an archaeological, historical, prehistorical or anthropological nature without first obtaining a permit issued by the State Parks and Recreati…
In addition to the provisions of ORS 273.241, if any individual or institution excavates or removes from the land designated in ORS 390.235 any materials of archaeological, historical, prehistorical or anthropological nature without obtaining the permit required in ORS 390.235, all materials and collections removed from such lands, with the exception of nati…
The following disputes shall be submitted to mediation and if mediation is not successful to arbitration as described in this section: A dispute with regard to the issuance of an archaeological permit under ORS 390.235; or A dispute over the disposition of human skeletal remains or burial goods under ORS 97.750. The State Parks and Recreation Commission i…
The Office of Outdoor Recreation is established as an administrative section within the State Parks and Recreation Department, subject to the supervision of the Associate Director of Outdoor Recreation and the policies and procedures established by, and recommendations of, the State Parks and Recreation Director and the State Parks and Recreation Commission.…
The State Parks and Recreation Director, upon consultation with and the approval of the State Parks and Recreation Commission, shall appoint an Associate Director of Outdoor Recreation to serve as the executive head of the Office of Outdoor Recreation within the State Parks and Recreation Department. The director and the commission shall appoint an individua…
The Outdoor Recreation Advisory Committee is established as an advisory committee to the Office of Outdoor Recreation for the purpose of carrying out the duties described in subsection (2) of this section. The State Parks and Recreation Director, upon consultation with the State Parks and Recreation Commission, shall determine the number of members of the co…
The State Treasurer may issue commemorative coins for sale to the public. Such coins shall commemorate Oregon history, people or resources and shall not constitute legal tender and may include the use of the state seal of Oregon under ORS 186.023. If the State Treasurer decides to issue commemorative coins using the state seal, no private entity shall be aut…
The State Treasurer shall select or provide for the selection of the design of the commemorative coins described in ORS 390.245 and shall make such arrangements as the State Treasurer considers appropriate for the production and sale of the coins and shall provide for the production of coins in such numbers considered appropriate. In carrying out the State …
In furtherance of the state policy declared in ORS 390.010, the governing body of Jackson County, Oregon, may prepare and adopt a plan to promote the public scenic, park and recreational use of lands along Bear Creek that lie within the boundaries of Jackson County. The county governing body may, in preparing any such plan, designate lands or interest in suc…
The State Parks and Recreation Department may enter into agreements with cities in Jackson County and with Jackson County and make grants of money from such funds as may be available therefor to assist them in acquiring any lands or any interest therein for scenic, park and recreational purposes in accordance with a plan adopted by the governing body of Jack…
Nothing in ORS 390.250 to 390.260 applies to the Willamette River Greenway created pursuant to ORS 390.310 to 390.368. No land to which ORS 390.250 to 390.260 are applicable shall be acquired by the exercise of the power of eminent domain. (Oregon Main Street Revitalization Grant Program)
As used in this section and ORS 390.264: “Area median income” means the median income for the metropolitan statistical area in which the proposed grant project is located, as determined by the Housing and Community Services Department, adjusted for household size. “Oregon Main Street Network” means the entity administered by the State Historic Preservation…
The Oregon Main Street Revitalization Grant Program Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Oregon Main Street Revitalization Grant Program Fund shall be credited to the fund. Moneys in the fund consist of: Amounts donated to the fund; Amounts appropriated or otherwise transferred to t…
As used in ORS 390.270 to 390.290: “Ocean shore” has the meaning given that term in ORS 390.605. “Rural fire protection district” means a district organized under or subject to ORS chapter 478.
The purpose of ORS 390.270 to 390.290 is to encourage cities, counties and rural fire protection districts to provide lifesaving services along the ocean shore. Any city, county or rural fire protection district that provides lifesaving services along the ocean shore may qualify for a matching fund grant for services and capital acquisitions under ORS 390.2…
In addition to the other duties of the State Parks and Recreation Department, the department shall: Make grants to cities, counties and rural fire protection districts to reimburse them for funds used to make capital acquisitions for and pay expenses incurred in providing lifesaving services along the ocean shore as provided in ORS 390.285 and 390.290. Det…
To obtain a grant for reimbursement of the expenses incurred in providing lifesaving services along the ocean shore, a governing body of a city, county or rural fire protection district shall file with the State Parks and Recreation Department a request for reimbursement of funds used during the prior fiscal year for capital acquisitions made and to pay expe…
Expenditures made from city, county or rural fire protection district funds to provide lifesaving services along the ocean shore shall be reimbursed by the State Parks and Recreation Department in accordance with this section. Within the limit of the funds available therefor, there shall be paid to an applicant city, county or rural fire protection district…
The Willamette Falls Park Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Willamette Falls Park Fund shall be credited to the fund. The Willamette Falls Park Fund consists of moneys deposited in the fund under section 9, chapter 786, Oregon Laws 2013, and section 30, chapter 812, Oregon…
The State Forestry Department shall retain primary responsibility for management of the Tillamook State Forest, provided, however, that the State Parks and Recreation Department is responsible for management of developed recreation facilities as identified in the recreation plan. Note: 390.295 and 390.300 were enacted into law by the Legislative Assembly bu…
The Tillamook Forest Recreation Trust Account is established as a subaccount in the Parks Donation Trust Fund established pursuant to ORS 390.153. All gifts or donations of money received by the state for purposes of developing or implementing the recreation plan described in section 1, chapter 889, Oregon Laws 1991, shall be deposited with the State Treasur…
The Reconnect Forest Park Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Reconnect Forest Park Fund shall be credited to the fund. The Reconnect Forest Park Fund consists of moneys deposited in the fund under section 32, chapter 812, Oregon Laws 2015, and may include fees, revenues or …
The State Parks and Recreation Department and the State Forestry Department shall, in cooperation with other interested state agencies, local governments, nonprofit organizations and other stakeholders, develop a plan to construct a trail along or adjacent to the portion of the former Pacific Railway and Navigation Company line between Banks and Tillamook, t…
The Salmonberry Trail Trust Fund is established in the State Treasury, separate and distinct from the General Fund. All gifts, grants, appropriations or donations received by the state for purposes of developing or implementing the plan described in ORS 390.305 shall be deposited in the Salmonberry Trail Trust Fund. All moneys in the fund are continuously ap…
The State Parks and Recreation Department shall, in cooperation with the Department of Transportation, other interested state agencies, local governments, nonprofit organizations and other stakeholders, develop an action plan to complete the Oregon Coast Trail. The plan shall identify and address: A preferred option for the development, maintenance and oper…
As used in ORS 390.310 to 390.368, unless the context requires otherwise: “Channel” includes any channel that flows water at ordinary low water. “Unit of local government” means an incorporated city, county or any other political subdivision of this state. “Willamette River” means that portion of the Willamette River, including all channels of the Willame…
The Legislative Assembly finds that, to protect and preserve the natural, scenic and recreational qualities of lands along the Willamette River, to preserve and restore historical sites, structures, facilities and objects on lands along the Willamette River for public education and enjoyment and to further the state policy established under ORS 390.010, it i…
The State Parks and Recreation Department, in cooperation with units of local government that have lands along the Willamette River within their respective boundaries, shall prepare a plan for the development and management of the Willamette River Greenway as described in ORS 390.314. Such plan may be prepared for segments of the Willamette River and may be …
Following the preparation of the plan or any segment thereof under ORS 390.318, the State Parks and Recreation Department shall submit such plan or segment to the Land Conservation and Development Commission. The commission shall investigate and review such plan or segment as it considers necessary. If the commission finds that the plan or segment complies w…
The State Parks and Recreation Department may enter into agreements with units of local government and make grants of money to assist units of local government in acquiring lands or any interest in lands situated within the boundaries of the Willamette River Greenway for exclusive public use for scenic and recreational purposes and to assist units of local g…
Except as otherwise provided in subsection (4) of this section, the State Parks and Recreation Department may acquire scenic easements on any lands situated within 150 feet from the ordinary low water line on each side of each channel of the Willamette River and on any lands situated within 150 feet from the ordinary low water line of each island within the …
Except as otherwise provided in subsection (2) of this section, after the date of the approval of the plan for the Willamette River Greenway or any segment thereof under ORS 390.322, the State Parks and Recreation Department may acquire scenic easements in any lands described in such plan or segment pursuant to ORS 390.318 (2)(d). Each such easement may be a…
Notwithstanding ORS 390.121, the State Parks and Recreation Department may only exercise the power of eminent domain in the acquisition of lands or interests therein that are situated within the boundaries of the Willamette River Greenway for state parks or recreation areas in the parcels of land described in section 8a, chapter 558, Oregon Laws 1973. If an…
The State Parks and Recreation Department shall make and promulgate rules and regulations that it considers necessary in carrying out ORS 390.310 to 390.368.
Units of local government may enter into agreements with the State Parks and Recreation Department and with each other in carrying out the purposes of the Willamette River Greenway, and may accept and use gifts and grants from the department or others.
All lands or interests in lands acquired and all historical sites, structures, facilities and objects preserved and restored by the units of local government pursuant to ORS 390.330 with grants of money from the State Parks and Recreation Department, may be used only for the purposes of the Willamette River Greenway as set forth in ORS 390.314, unless a diff…
For ad valorem tax purposes, land that is subject to a scenic easement acquired under ORS 390.332 or a scenic or public easement acquired under ORS 390.334 shall be valued at its real market value, less any reduction in value caused by the easement, and assessed in accordance with ORS 308.232. The easements shall be exempt from assessment and taxation as any…
In carrying out the purposes of ORS 390.310 to 390.368 the State Parks and Recreation Department may enter into contracts with any agency of the United States, this state or a political subdivision thereof, or with any private person, agency or corporation to perform natural vegetative landscaping or to perform work to restore damage resulting from natural c…
The State Parks and Recreation Department shall allow for the installation and service of public electric vehicle charging stations in parking spaces that are part of the facilities of the system of state parks, including parks, park facilities, ocean shores, scenic waterways, trails and historic sites throughout the State of Oregon. The department shall im…
The Parks and Recreation Transportation Electrification Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Parks and Recreation Transportation Electrification Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Parks and Recreation Department to carry ou…
ALL-TERRAIN VEHICLES
As used in this chapter: “Class I all-terrain vehicle” has the meaning given that term in ORS 801.190. “Class II all-terrain vehicle” has the meaning given that term in ORS 801.193. “Class III all-terrain vehicle” has the meaning given that term in ORS 801.194. “Class IV all-terrain vehicle” has the meaning given that term in ORS 801.194 (2).
The All-Terrain Vehicle Account is established as a separate account in the State Parks and Recreation Department Fund, to be accounted for separately. Interest earned by the All-Terrain Vehicle Account shall be credited to the account. After deduction of expenses of collection, transfer and administration, including the expenses of establishment and operati…
Moneys in the All-Terrain Vehicle Account established under ORS 390.555 shall be used for the following purposes only: In each 12-month period, no less than 10 percent of the moneys described in ORS 390.555 that are attributable to Class I all-terrain vehicles shall be transferred to the Department of Transportation for the development and maintenance of sn…
The All-Terrain Vehicle Advisory Committee is established. The committee shall consist of 16 voting members and one nonvoting member appointed by the State Parks and Recreation Commission for a term of four years. Members are eligible for reappointment and vacancies may be filled by the commission. A majority of members constitutes a quorum for the transacti…
The State Parks and Recreation Department shall issue or provide for issuance of a Class I all-terrain vehicle operator permit to any person who: Has taken a Class I all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class I all-terrain vehicle; or Is at least 16 years of age, has five or mo…
The State Parks and Recreation Department shall issue or provide for issuance of a Class III all-terrain vehicle operator permit to any person who: Has taken a Class III all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class III all-terrain vehicle; or Is at least 16 years of age, has five…
The State Parks and Recreation Department shall issue or provide for issuance of a Class IV all-terrain vehicle operator permit to any person who has taken a Class IV all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class IV all-terrain vehicle. The department shall adopt rules to provide f…
An all-terrain vehicle off-road operating permit issued under this section is a decal that authorizes use of the all-terrain vehicle for which it is issued on trails and in areas designated for such use by the appropriate authority. An all-terrain vehicle decal issued under this section must be permanently affixed to the vehicle and displayed in a clearly v…
The State Parks and Recreation Department may adopt rules necessary for carrying out the duties imposed by ORS 390.550 to 390.590. The department shall adopt rules establishing rider fit guidelines to ensure that an all-terrain vehicle properly fits the operator of the vehicle.
An out-of-state all-terrain vehicle operating permit is a vehicle permit that is issued as evidence of a grant of authority to operate in this state an all-terrain vehicle that is owned by a resident of another state. The State Parks and Recreation Department shall establish a program for the issuance of out-of-state all-terrain vehicle permits under this s…
As used in ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770, unless the context requires otherwise: “Improvement” includes filling a portion of the ocean shore, removal of material from the ocean shore or a structure, appurtenance or other addition, modification or alteration constructed, placed or made on or to the land. “Ocean shore” means…
The Legislative Assembly hereby declares it is the public policy of the State of Oregon to forever preserve and maintain the sovereignty of the state heretofore legally existing over the ocean shore of the state from the Columbia River on the north to the Oregon-California line on the south so that the public may have the free and uninterrupted use thereof. …
Ownership of the shore of the Pacific Ocean between ordinary high tide and extreme low tide, and from the Oregon and Washington state line on the north to the Oregon and California state line on the south, excepting such portions as may have been disposed of by the state prior to July 5, 1947, is vested in the State of Oregon, and is declared to be a state r…
No portion of the lands described by ORS 390.610 or any interest either therein now or hereafter acquired by the State of Oregon or any political subdivision thereof shall be alienated except as expressly provided by state law. The State Parks and Recreation Department and the State Land Board shall have concurrent jurisdiction to undertake appropriate court…
The State Parks and Recreation Department, in accordance with ORS 390.121, may acquire ownership of or interests in the ocean shore or lands abutting, adjacent or contiguous to the ocean shore as may be appropriate for state recreation areas or access to such areas where such lands are held in private ownership. However, when acquiring ownership of or intere…
In order to further the policy established in ORS 390.610 and to preserve the right of public access to the ocean shore, the State Parks and Recreation Department shall coordinate with affected local governments to provide increased public access to the coastal shorelands. The State Parks and Recreation Department may: Ensure that beach access sites are po…
Except as provided by ORS 273.551, 274.710 and 390.620, the State Parks and Recreation Department has jurisdiction over the land and interests in land acquired under ORS 390.610, 390.615, 390.620 or 390.630 in order to carry out the purposes of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770.
In order to promote the public health, safety and welfare, to protect the state recreation areas recognized and declared by ORS 390.610 and 390.615, to protect the safety of the public using such areas, and to preserve values adjacent to and adjoining such areas, the natural beauty of the ocean shore and the public recreational benefit derived therefrom, it …
Any person who desires a permit to make an improvement on any property subject to ORS 390.640 shall apply in writing to the State Parks and Recreation Department on a form and in a manner prescribed by the department, stating the kind of and reason for the improvement. The department shall determine whether an application is complete within 30 days of recei…
The State Parks and Recreation Department shall consider applications and issue permits under ORS 390.650 in accordance with standards designed to promote the public health, safety and welfare and carry out the policy of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. The standards shall be based on the following considerations, among others…
Notwithstanding ORS 390.640, the State Parks and Recreation Department may, consistent with the policy in ORS 390.610 and standards in ORS 390.655, establish by rule a general authorization permit for improvements on the ocean shore if the department determines that the activities subject to the permit are substantially similar in nature, have effects that a…
Any applicant whose application for a permit under ORS 390.650 or 390.657 has been denied or who objects to any condition imposed on the permit or any person aggrieved or adversely affected by the granting of a permit may, within 30 days after the denial of the permit or the imposition of the condition, request a hearing from the State Parks and Recreation D…
The State Parks and Recreation Department is hereby directed to protect, to maintain and to promulgate rules governing use of the public of property that is subject to ORS 390.640, property subject to public rights or easements declared by ORS 390.610 and property abutting, adjacent or contiguous to those lands described by ORS 390.615 that is available for …
The improvement on any property within the ocean shore without a permit issued under ORS 390.650 or 390.657, or in a manner contrary to the conditions set out in the permit, is a public nuisance.
If the State Parks and Recreation Director determines that any improvement is being made on property within the ocean shore without a permit issued under ORS 390.650 or 390.657, or in a manner contrary to the conditions set out in the permit, the director may: Investigate, hold hearings, make orders and take action, as provided in ORS 390.620 to 390.676, as…
If the State Parks and Recreation Director finds that a person or governmental body holding a permit issued under ORS 390.650 or 390.657 is making an improvement on property within the ocean shore contrary to the conditions set out in the permit, the director may revoke, suspend or refuse to renew such permit. The director may revoke a permit only after givi…
In addition to any enforcement action taken under ORS 390.663, civil proceedings to abate alleged public nuisances under ORS 390.661 may be instituted in the name of the State of Oregon upon relation of the State Parks and Recreation Director or by any person in the person’s name. Before beginning any action under subsection (1) of this section, a person ot…
If any person or governmental body, through negligence, violates ORS 390.640, the State Parks and Recreation Director, in a proceeding brought pursuant to ORS 390.669, may seek and the court may award double a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resultin…
Civil penalties under ORS 390.992 shall be imposed as provided in ORS 183.745. The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law. An action taken by the State Parks and Recreation Director under this section may be joined by the director with any other action taken against the same person unde…
The State Parks and Recreation Director shall adopt by rule the amount of civil penalty that may be imposed for a particular violation under ORS 390.992. In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors: The past history of the person incurring a penalty in taking all f…
The State Parks and Recreation Department may establish zones on the ocean shore where travel by motor vehicles or landing of any aircraft except for an emergency shall be restricted or prohibited. After the establishment of a zone and the erection of signs or markers thereon, no such use shall be made of such areas except in conformity with the rules of the…
Nothing in ORS 390.605, 390.615, 390.678 and 390.685 is intended to repeal ORS 836.510 to 836.525.
Nothing in ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 shall be construed to relinquish, impair or limit the sovereign title or rights of the State of Oregon in the shores of the Pacific Ocean as the same may exist before or after July 6, 1967. (Special Permits)
No person shall: Place any pipeline, cable line or other conduit across and under the state recreation areas described by ORS 390.635 or the submerged lands adjacent to the ocean shore, except as provided by ORS 390.715. Remove any natural product from the ocean shore, other than fish or wildlife, agates or souvenirs, except as provided by ORS 390.725.
The State Parks and Recreation Department may issue permits under ORS 390.650 to 390.659 for pipelines, cable lines and other conduits across and under the ocean shore, state recreation areas and the submerged lands adjacent to the ocean shore, upon payment of just compensation by the permittee. A permit issued under this subsection is not a sale or lease of…
Removal of natural products such as fish or wildlife, agates or small amounts of driftwood from a state recreation area as defined in ORS 390.605 for personal, noncommercial use is not subject to the provisions of ORS 390.650 or 390.657. The collection of natural products for the purpose of trade, sale or resale shall be subject to the permit provisions and…
A person may not operate a Class I all-terrain vehicle on the ocean shore unless the person obtains a permit from the State Parks and Recreation Department as provided in this section. The department may issue a permit for the operation of a Class I all-terrain vehicle on the ocean shore if the operator of the vehicle holds a permit issued under ORS 390.570…
(Vegetation Line)
The State Parks and Recreation Department is directed to periodically reexamine the line of vegetation as established and described by ORS 390.770 for the purpose of obtaining information and material suitable for a re-evaluation and re-definition, if necessary, of such line so that the private and public rights and interest in the ocean shore shall be prese…
ORS 390.640 does not apply to any state-owned land or to headlands and other lands located at an elevation of more than 16 feet and seaward of a line running between the following designated and numbered points which are more particularly described by ORS 390.770. The elevation mentioned in this section refers to the United States Coast and Geodetic Survey S…
Except for the areas described by ORS 390.760, ORS 390.640 applies to all the land located along the Pacific Ocean between the Columbia River and the Oregon-California boundary between extreme low tide and the lines of vegetation as established and described according to the Oregon State Plane Coordinate System of 1927, as follows: Beginning near the south …
SCENIC WATERWAYS
As used in ORS 390.805 to 390.925, unless the context requires otherwise: “Related adjacent land” means all land within one-fourth of one mile of the bank on the side of Waldo Lake, or a river or segment of river within a scenic waterway, except land that, in the State Parks and Recreation Department’s judgment, does not affect the view from the waters with…
The people of Oregon find that many of the free-flowing rivers of Oregon and Waldo Lake and lands adjacent to such lake and rivers possess outstanding scenic, fish, wildlife, geological, botanical, historic, archaeologic, and outdoor recreation values of present and future benefit to the public. The people of Oregon also find that the policy of permitting co…
The following lakes and rivers, or segments of rivers, and related adjacent land are designated as scenic waterways: The Metolius Scenic Waterway which includes the Metolius River from Metolius Springs downstream to its confluence with Candle Creek. The Klamath Scenic Waterway which includes the Klamath River from the John Boyle Dam powerhouse downstream t…
Nothing in ORS 390.826 shall: Affect or modify any treaty or other rights of any Indian tribe; or Affect lands held in trust by the Secretary of the Interior for Indian tribes or individual members of Indian tribes or other lands acquired by the Army Corps of Engineers and administered by the Secretary of the Interior for the benefit of Indian tribes and i…
It is declared that the highest and best uses of the waters within scenic waterways are recreation, fish and wildlife uses. The free-flowing character of these waters shall be maintained in quantities necessary for recreation, fish and wildlife uses. No dam, or reservoir, or other water impoundment facility shall be constructed on waters within scenic waterw…
Except as provided in ORS 390.835, scenic waterways shall be administered by the State Parks and Recreation Department, each in such manner as to protect and enhance the values which caused such scenic waterway to be included in the system. In such administration primary emphasis shall be given to protecting the aesthetic, scenic, fish and wildlife, scientif…
The State Parks and Recreation Department shall establish, by rule, a system for issuing passes necessary to comply with the requirements under ORS 390.851. The department shall establish a reasonable fee for issuance of a pass under this section. The department may establish any form of proof of payment of the user fees that it deems appropriate. The syste…
Unless the person has an appropriate pass issued under ORS 390.848, no person shall launch, operate or ride in any boat or engage in any camping, fishing or other activity in connection with being transported by a boat on those portions of the Deschutes River designated as scenic waterways under ORS 390.826. This section does not apply to: Peace officers, …
The State Parks and Recreation Department shall undertake a continuing study and submit periodic reports to the Governor, with the concurrence of the Water Resources Commission, recommending the designation of additional rivers or segments of rivers and related adjacent land by the Governor as scenic waterways subject to the provisions of ORS 390.805 to 390.…
The designation of a river or segment of a river and related adjacent land, pursuant to ORS 390.855, shall not become effective until the day following the adjournment sine die of the regular session of the Legislative Assembly next following the date of the designation or that was in session when the designation was made. The Legislative Assembly by joint r…
Any public land within or adjacent to a scenic waterway, with the consent of the governing body having jurisdiction thereof, may be transferred to the jurisdiction of the State Parks and Recreation Department with or without compensation. Any land so transferred shall become state recreational land and shall be administered as a part of the scenic waterway. …
In acquiring related adjacent land by exchange, the State Parks and Recreation Department may accept title to any property within a scenic waterway and, in exchange therefor, may convey to the grantor of the property any property under the department’s jurisdiction that the department is not otherwise restricted from exchanging. Insofar as practicable, the p…
In addition to State of Oregon funds available for the purposes of ORS 390.805 to 390.925, the State Parks and Recreation Department shall use such portion of moneys made available to it by the Bureau of Outdoor Recreation and other federal agencies, including matching funds, as the department determines are necessary and available to carry out the purposes …
Nothing in ORS 390.805 to 390.925 affects the jurisdiction or responsibility of other state agencies with respect to boating, fishing, hunting, water pollution, health or fire control; except that such state agencies shall endeavor to perform their responsibilities in a manner consistent with the purposes of ORS 390.805 to 390.925.
In carrying out the provisions of ORS 390.805 to 390.925, the State Parks and Recreation Department may enter into intergovernmental agreements to form committees to advise the various governmental agencies involved regarding management of the scenic waterways. Each such agreement must provide for membership on the committee of a representative of one of the…
For ad valorem tax purposes, real property that is subject to a scenic easement shall be valued at its real market value, less any reduction in value caused by the scenic easement, and assessed in accordance with ORS 308.232. The easement shall be exempt from assessment and taxation the same as any other property owned by the state.
In addition to any other penalties provided by law for violation of ORS 390.805 to 390.925 or rules adopted thereunder, the State Parks and Recreation Department is vested with power to obtain injunctions and other appropriate relief against violations of any provisions of ORS 390.805 to 390.925 and any rules adopted under ORS 390.805 to 390.925 and agreemen…
As used in ORS 390.930 to 390.940: “Managing agencies” includes: State Parks and Recreation Department; State Department of Fish and Wildlife; Confederated Tribes of the Warm Springs Indian Reservation; State Marine Board; Sherman, Wasco and Jefferson Counties; Oregon State Police; United States Bureau of Land Management; United States Bureau of Ind…
There is created the Deschutes River Scenic Waterway Recreation Area consisting of the segment of the Deschutes River scenic waterway under ORS 390.826 that is designated as the segment from immediately below the existing Pelton reregulating dam downstream approximately 100 miles to its confluence with the Columbia River, excluding the City of Maupin as its …
The State Parks and Recreation Department shall have primary management responsibility for the State of Oregon to manage the Deschutes River Scenic Waterway Recreation Area. In managing the recreation area, the department shall cooperate with other managing agencies having jurisdiction to manage all or part of the recreational area. The department shall ado…
In accordance with applicable provisions of ORS chapter 183, the State Parks and Recreation Department shall adopt rules necessary to carry out those provisions of ORS 390.930 to 390.940 that the department is charged with administering.
The Deschutes River Scenic Waterway Recreation Area shall be managed and developed in accordance with the following guidelines: To the extent allowed under ORS 390.805 to 390.925, the recreational area shall be administered to allow continuance of compatible existing uses, while allowing a wide range of compatible river-oriented public outdoor recreation op…
The State Parks and Recreation Department and state and local managing agencies shall manage the Deschutes River Scenic Waterway Recreation Area according to the provisions of ORS 390.805 to 390.925 and 390.930 to 390.940 and rules adopted under ORS 390.805 to 390.925 and 390.930 to 390.940. Federal and tribal managing agencies with jurisdiction over their r…
ORS 390.950 to 390.989 and 390.995 (2) may be cited as the Oregon Recreation Trails System Act.
In order to provide for the ever-increasing outdoor recreation needs of an expanding resident and tourist population and in order to promote public access to, travel within and enjoyment and appreciation of, the open-air, outdoor areas of Oregon, trails should be established both near the urban areas of this state and within, adjacent to or connecting highly…
The system of Oregon recreation trails shall be composed of trails established as provided in ORS 390.962 and 390.965. The State Parks and Recreation Department, in consultation with appropriate federal, state and local governmental agencies and public and private organizations, shall establish a uniform marker for the system of Oregon recreation trails.
Upon finding that such trails will meet the criteria established in ORS 390.950 to 390.989 and 390.995 (2) and such supplementary criteria as the State Parks and Recreation Department may prescribe, the department is encouraged and empowered to establish and designate Oregon recreation trails: Over lands owned by the State of Oregon, by the federal governme…
The State Parks and Recreation Department may establish trails after public meetings in the areas of the state where trails are planned and only in accordance with the following criteria: Emphasis shall be given to the development of trails across public lands. No trails shall cross private land occupied by a residential dwelling, or upon which a residenti…
The State Parks and Recreation Department shall select the rights of way for trails designated as Oregon Recreation Trails by ORS 390.962 (1)(a) and (b). Such rights of way shall be: Of sufficient width and so located as to protect natural conditions, scenic and historic features, and any primitive character of the trail area; to provide campsites, shelters…
Within the exterior boundaries of areas under its administration that are included in the right of way selected for an Oregon recreation trail as provided in ORS 390.950 to 390.989 and 390.995 (2), the State Parks and Recreation Department may do any of the following: Enter into written cooperative agreements with landowners, federal agencies, other state a…
The State Parks and Recreation Department is authorized and encouraged to consult and to cooperate with any state, federal or local governmental agency or body and with any privately owned utility having jurisdiction or control over or information concerning the use, abandonment or disposition of roadways, utility rights of way or other properties suitable f…
There is established an Oregon Recreation Trails Advisory Council consisting of seven members, at least one from each congressional district in the state. However, not less than two of such members shall be from separate counties bordering upon the ocean shore. Members of the council shall be appointed by the State Parks and Recreation Commission and shall s…
In addition to State of Oregon funds available for the purposes of ORS 390.950 to 390.989 and 390.995 (2), the State Parks and Recreation Department may use such portion of moneys made available to it by any federal agency which may be used for such purposes, including matching funds, as the department determines are necessary or desirable to carry out the p…
For ad valorem tax purposes, real property that is subject to an easement, or a written cooperative agreement, for purposes of ORS 390.950 to 390.989 and 390.995 (2) shall be valued at its real market value, less any reduction in value caused by the easement or the written cooperative agreement, and assessed in accordance with ORS 308.232. The easement shall…
The State Parks and Recreation Department has power to obtain injunctions against violations of any provisions of ORS 390.950 to 390.989 and any rules and regulations adopted under ORS 390.950 to 390.989 and agreements made under ORS 390.950 to 390.989.
Any power of eminent domain otherwise vested in the State Parks and Recreation Department does not apply to any power or duty vested in the department by ORS 390.950 to 390.989. PENALTIES
Subject to ORS 153.022, a person commits a Class A violation if the person violates: ORS 390.678. Any rule adopted under ORS 390.124. Any rule adopted under ORS 390.340. ORS 390.729. Any rule adopted under ORS 390.845. Notwithstanding any other provision of this section, violation of any rule adopted under this chapter for the regulation of vehicle spe…
Any person who violates any provision of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 or any rule, order or permit adopted or issued under ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 shall be subject to a civil penalty in an amount to be determined by the State Parks and Recreation Director of not more than $10,000 per …
Violation of ORS 390.640 is a misdemeanor. Subject to ORS 153.022, any person who violates a rule adopted under ORS 390.950 to 390.989 commits a Class B misdemeanor. Subject to ORS 153.022, violation of any provision of ORS 390.640 or 390.705, or any rule adopted to carry out the purposes of ORS 390.640 or 390.705, is a Class B misdemeanor. Each day that a…
In addition to any other penalty imposed by law, for a period of at least six months, but not longer than five years from the date of entry of judgment of conviction, a person convicted of a violation of ORS 166.155 or 166.165 committed on the waters of this state or on publicly owned land used for outdoor recreation may not enter or remain in or on any buil…