Oregon Law
Law as of Jan 1, 2024
Chapter contents
390.005Definitions 390.010Policy of state toward outdoor recreation resources 390.050Park and recreation violations; enforcement 390.060Definitions for ORS 390.060 to 390.067 390.063Lottery bonds for state park projects 390.065Findings; use of Oregon State Lottery proceeds 390.067Request for issuance of state park lottery bonds; Oregon Parks for the Future Fund; uses of fund 390.070[1997 c.800 §5; repealed by 1999 c.44 §29] 390.073[1997 c.800 §6; repealed by 1999 c.44 §29] 390.075[1997 c.800 §7; repealed by 1999 c.44 §29] 390.077[1997 c.800 §8; repealed by 1999 c.44 §29] 390.080[1997 c.800 §8a; repealed by 1999 c.44 §29] 390.110[Formerly 366.345; repealed by 1989 c.904 §48] 390.111Creation of department; jurisdiction and authority 390.112Additional criteria for acquiring and developing new historic sites, parks and recreation areas 390.114State Parks and Recreation Commission 390.117Commission officers; meetings; function; delegation of authority 390.120[Formerly 366.175; 1979 c.186 §17; repealed by 1989 c.904 §48] 390.121Powers of commission 390.122Requirements for establishing priorities for acquisition 390.124Commission rulemaking authority; charges for use of parks and other areas; exceptions 390.127State Parks and Recreation Director; appointment; compensation 390.130[Formerly 366.180; 1979 c.186 §18; repealed by 1989 c.904 §48] 390.131Duties of director 390.134State Parks and Recreation Department Fund; sources; uses; advisory committee; rules; subaccounts 390.135Parks Subaccount; sources; uses 390.137State Parks and Recreation Department Operating Fund 390.139Oregon Adopt-a-Park Program; funding; rules; agreement with volunteers 390.140Powers and duties of State Parks and Recreation Director 390.141Agreements between State Parks and Recreation Department and private organizations; restrictions; reports 390.142Rules 390.143Agreements to provide interpretive services to recreational facilities; authority under agreement; disposition of moneys 390.144Rules for ORS 390.143 390.150Gifts and grants for State Parks and Recreation Department 390.153Parks Donation Trust Fund; sources; uses 390.155Authority for State Parks and Recreation Department to accept gifts or donations 390.160[Formerly 366.350; 1977 c.556 §1; 1979 c.134 §2; 1979 c.186 §20; 1987 c.358 §1; 1989 c.550 §4; repealed by 1989 c.904 §48] 390.170[Formerly 366.545; repealed by 1975 c.184 §1] 390.180Standards for recreational planning and fund disbursement; rules; park master plans 390.182Statewide accessibility design standards for recreation projects 390.190Revolving fund 390.195Use of state correctional institution adult in custody labor for maintenance and improvement at state parks 390.200Authority of department to require fingerprints 390.210[Formerly 366.355; 1971 c.741 §37; 1987 c.158 §68; repealed by 1989 c.904 §48] 390.215[1979 c.792 §2; 1987 c.158 §69; repealed by 1989 c.904 §48] 390.220[Formerly 358.520; repealed by 1989 c.904 §48] 390.230Fort Stevens Military Reservation; Clatsop Spit 390.231Development of Crissey Field as state park 390.232Tax on government camping and recreational vehicle spaces 390.233[2017 c.678 §2; 2021 c.613 §11; renumbered 390.241 in 2021] 390.234[2017 c.678 §3; renumbered 390.242 in 2021] 390.235Permits and conditions for excavation or removal of archaeological or historical material; rules; criminal penalty 390.237Removal without permit; exceptions 390.240Mediation and arbitration of disputes; rules 390.241Office of Outdoor Recreation; duties; report 390.242Associate Director of Outdoor Recreation; appointment; compensation; duties 390.243Outdoor Recreation Advisory Committee 390.245Commemorative coins authorized; sale; use of proceeds 390.247Design; contracted services 390.250Development of recreational use of lands by Jackson County; application for state funds 390.255Use of funds to acquire land interests; conditions of grants 390.260Application to Willamette River Greenway; restriction on condemnation to acquire lands 390.262Oregon Main Street Revitalization Grant Program; duties of State Parks and Recreation Department; project proposals; conditions; rules 390.264Oregon Main Street Revitalization Grant Program Fund 390.270Definitions for ORS 390.270 to 390.290 390.275Purpose of ORS 390.270 to 390.290 390.280Duties of State Parks and Recreation Department; grants for lifesaving services; minimum standards; rules 390.285Application by local governing body for reimbursement; report of activities required 390.290Schedule for reimbursement of local governing bodies 390.292Willamette Falls Park Fund 390.295Jurisdiction of State Forestry Department and State Parks and Recreation Department 390.300Tillamook Forest Recreation Trust Account; sources; uses 390.303Reconnect Forest Park Fund 390.305Salmonberry Trail; plan; coordination 390.307Salmonberry Trail Trust Fund 390.308Oregon Coast Trail; plan; coordination; report 390.310Definitions for ORS 390.310 to 390.368 390.314Legislative findings and policy 390.318Preparation of development and management plan; content of plan 390.320[1967 c.551 §2; 1973 c.87 §1; repealed by 1973 c.558 §17] 390.322Submission of plan to Land Conservation and Development Commission; revision, approval and distribution of plan 390.330Grants for acquisition of lands by local government units; acquisition of water rights or use of condemnation powers limited 390.332Acquisition of scenic easements near Willamette River; nature of easement; restriction on use of condemnation 390.334Acquisition of scenic easements in lands subject to development plan; farmlands not to be acquired by condemnation; nature of easement; acquisition of other interests 390.338Limitations on use of condemnation power; acquisition of certain farmlands; disposition of acquired lands; compensation for acquired lands 390.340Department rules 390.350Intergovernmental agreements; use of gifts and grants 390.360Title to, and use and disposition of, lands acquired by local governmental units 390.364Taxation of lands subject to scenic easements 390.368Authority to contract landscaping and repair of damage to lands subject to scenic easement 390.400Public electric vehicle charging stations 390.405Parks and Recreation Transportation Electrification Fund 390.410[Formerly 358.610; repealed by 1987 c.14 §12] 390.415[1977 c.482 §2; repealed by 1987 c.14 §12] 390.420[Formerly 358.615; 1969 c.314 §31; 1977 c.482 §4; repealed by 1987 c.14 §12] 390.430[Formerly 358.620; 1977 c.482 §5; repealed by 1987 c.14 §12] 390.440[Formerly 358.625; repealed by 1977 c.482 §6] 390.450[Formerly 358.630; repealed by 1987 c.14 §12] 390.460[1977 c.482 §3; repealed by 1987 c.14 §12] 390.500[1987 c.14 §1; renumbered 196.150 in 1989] 390.505[1987 c.14 §2; renumbered 196.155 in 1989] 390.510[1987 c.14 §§3,4; 1989 c.171 §47; renumbered 196.160 in 1989] 390.515[1987 c.14 §5; renumbered in 196.165 in 1989] 390.550Definitions 390.555All-Terrain Vehicle Account; sources 390.560Uses of All-Terrain Vehicle Account 390.565All-Terrain Vehicle Advisory Committee; appointment; term; duties 390.570Class I all-terrain vehicle operator permits; issuance; safety education courses; rules; fee 390.575Class III all-terrain vehicle operator permits; issuance; safety education courses; rules; fee 390.577Class IV all-terrain vehicle operator permit; rules; fees 390.580All-terrain vehicle operating permit; rules; application; fees; renewal 390.585Rules 390.590Out-of-state all-terrain vehicle permit; qualifications; duration; application; fee 390.605Definitions 390.610Policy 390.615Ownership of Pacific shore; declaration as state recreation area 390.620Pacific shore not to be alienated; judicial confirmation 390.630Acquisition along ocean shore for state recreation areas or access 390.632Public access to coastal shorelands 390.635Jurisdiction of department over recreation areas 390.640Permit required for improvements on ocean shore; exceptions 390.650Improvement permit procedure; fee; waiver or reduction 390.655Standards for improvement permits 390.658[1969 c.601 §12; 1979 c.186 §23; repealed by 1999 c.373 §5 (390.659 enacted in lieu of 390.658)] 390.659Hearing before director regarding department action on improvement permit; appeal of director’s order; suspension of permit during appeal 390.660Regulation of use of lands adjoining ocean shores; rules 390.661Improvement without permit or contrary to permit conditions as public nuisance 390.663Investigation of violation within ocean shore; cease and desist order; enforcement of order by state and local police 390.665[Formerly 274.100 and then 390.740; repealed by 1971 c.743 §432] 390.666Revocation, suspension or nonrenewal of improvement permit 390.668[Formerly 274.090 and then 390.730; renumbered 390.678 in 1999] 390.669Action by state or any person to abate public nuisance; temporary restraining order or preliminary injunction; compensation to public 390.670[1967 c.601 §8; 1969 c.601 §13; repealed by 1971 c.780 §7] 390.672Damages for destruction or infringement of public right of navigation, fishery or recreation; treble damages 390.674Imposition of civil penalties 390.676Schedule of civil penalties; factors to determine amount; rules 390.678Motor vehicle and aircraft use regulated in certain zones; zone markers; proceedings to establish zones 390.680[1967 c.601 §9; 1969 c.601 §17; repealed by 1973 c.732 §5] 390.685Effect of ORS 390.605, 390.615, 390.678 and 390.685 390.690Title and rights of state unimpaired 390.705Prohibition against placing certain conduits across recreation area and against removal of natural products 390.710[Formerly 274.065; 1969 c.601 §2; renumbered 390.605] 390.715Permits for pipe, cable or conduit across ocean shore, state recreation areas and submerged lands 390.720[Formerly 274.070; renumbered 390.615] 390.725Permits for removal of products along ocean shore; rules 390.729Permits for operation of all-terrain vehicles on ocean shore 390.730[Formerly 274.090; 1969 c.601 §18; renumbered 390.668] 390.735[1969 c.601 §25; repealed by 1973 c.642 §13] 390.740[Formerly 274.100; renumbered 390.665] 390.750[Formerly 274.110; 1969 c.601 §19; renumbered 390.685] 390.755Periodic reexamination of vegetation line; department recommendations for adjustment 390.760Exceptions from vegetation line 390.770Vegetation line described 390.775[1977 c.263 §1; repealed by 1983 c.338 §978] 390.780[1977 c.263 §2; 1981 c.239 §1; repealed by 1983 c.338 §978] 390.785[1977 c.263 §3; 1979 c.819 §1; repealed by 1983 c.338 §978] 390.790[1977 c.263 §4; 1979 c.819 §2; repealed by 1983 c.338 §978] 390.792[1979 c.819 §4; 1983 c.335 §1; repealed by 1983 c.338 §978] 390.795[1977 c.263 §5; 1983 c.335 §2; repealed by 1983 c.338 §978] 390.805Definitions for ORS 390.805 to 390.925 390.815Policy; establishment of system 390.825[1971 c.1 §3; 1975 c.612 §1; 1977 c.671 §1; 1983 c.334 §3; 1985 c.781 §§1,2; 1987 c.291 §1; repealed by 1989 c.2 §1 (390.826 enacted in lieu of 390.825)] 390.826Designated scenic waterways 390.827Effect of ORS 390.826 on rights of Indian tribes 390.835Highest and best use of waters within scenic waterways; prohibitions; authority of various agencies; water rights; conditions; recreational prospecting; placer mining 390.845Administration of scenic waterways and related adjacent lands; limitations on use; condemnation; rules 390.848Passes for use of parts of Deschutes River; rules; fee; exemption from fee; disposition of moneys 390.851Activities prohibited on parts of Deschutes River without pass; exceptions 390.855Designation of additional scenic waterways 390.865Authority of legislature over designation of additional scenic waterways 390.875Transfer of public lands in scenic waterways to department; administration of nontransferred lands 390.885Exchange of property within scenic waterway for property outside waterway 390.895Use of federal funds 390.905Effect of ORS 390.805 to 390.925 on other state agencies 390.910Intergovernmental cooperation; county representative on management advisory committee 390.915Determination of value of scenic easement for tax purposes; easement exempt 390.925Enforcement 390.930Definitions for ORS 390.930 to 390.940 390.932Creation of Deschutes River Scenic Waterway Recreation Area 390.934Management of Deschutes River Scenic Waterway Recreation Area; plan; rules; budget 390.936Rules 390.938Guidelines for management and development 390.940Relationship to other laws 390.950Short title 390.953[1971 c.614 §2; 1989 c.904 §27; repealed by 2001 c.104 §134] 390.956Policy 390.959Composition of trails system; establishment of markers 390.962Criteria for establishing trails; location; statutes authorizing trails for motorized vehicles unaffected 390.965Hearing required; information to be considered 390.968Selection of rights of way for trails 390.971Department duties and powers; rules 390.974Intergovernmental cooperation to obtain property for use in trail system 390.977Oregon Recreation Trails Advisory Council; members; appointment; terms; duties; expenses; officers; quorum; meetings 390.980Funds for purposes of ORS 390.950 to 390.989; acceptance and use of donated funds; indemnity to owners of land damaged by trail users 390.983Trail property tax assessment 390.986Injunctive relief for violation of ORS 390.950 to 390.989 390.989Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989 390.990Violations 390.992Civil penalties 390.995Criminal penalties 390.997Penalties for violation of ORS 166.155 or 166.165

Chapter 390 — State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails

ORS 390.661 Improvement without permit or contrary to permit conditions as public nuisance

The improvement on any property within the ocean shore without a permit issued under ORS 390.650, or in a manner contrary to the conditions set out in the permit, is a public nuisance.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.