Oregon Chapter 390
Chapter 390 State and Local Parks; Recreation Programs;Download Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 390
State and Local Parks; Recreation Programs;
Scenic
Waterways; Recreation Trails
2007 EDITION
PARKS; RECREATION; WATERWAYS; TRAILS
HIGHWAYS, ROADS, BRIDGES AND FERRIES
GENERAL PROVISIONS
390.005 Definitions
OUTDOOR RECREATION RESOURCES
390.010 Policy
of state toward outdoor recreation resources
VIOLATIONS ENFORCEMENT
390.050 Park
and recreation violations; enforcement; disposition of fines and costs
LOTTERY BONDS FOR STATE PARK PURPOSES
390.060 Definitions
for ORS 390.060 to 390.067
390.063 Lottery
bonds for state park projects
390.065 Findings;
use of Oregon State Lottery proceeds
390.067 Request
for issuance of state park lottery bonds;
STATE PARKS AND RECREATION DEPARTMENT
(Generally)
390.111 Creation
of department; jurisdiction and authority
390.112 Additional
criteria for acquiring and developing new historic sites, parks and recreation
areas
390.114 State
Parks and Recreation Commission
390.117 Commission
officers; meetings; function; delegation of authority
390.121 Powers
of commission
390.122 Requirements
for establishing priorities for acquisition
390.124 Commission
rulemaking authority; charges for use of parks and other areas; exceptions
390.127 State
Parks and Recreation Director; appointment; compensation
390.131 Duties
of director
390.134 State
Parks and Recreation Department Fund; sources; uses; advisory committee; rules;
subaccounts
390.137 State
Parks and Recreation Department Operating Fund
390.139
390.140 Powers
and duties of State Parks and Recreation Director
390.143 Agreements
to provide interpretive services to recreational facilities; authority under
agreement; disposition of moneys
390.144 Rules
for ORS 390.143
390.150 Gifts
and grants for State Parks and Recreation Department
390.153 Parks
Donation Trust Fund; sources; uses
390.155 Authority
for State Parks and Recreation Department to accept gifts or donations
390.180 Standards
for recreational planning and fund disbursement; rules; park master plans
390.190 Revolving
fund
390.195 Use
of state correctional institution inmate labor for maintenance and improvement
at state parks
390.200 Authority
of department to require fingerprints
390.230
390.231 Development
of Crissey Field as state park
390.232 Tax
on government camping and recreational vehicle spaces
(Archaeological Sites and Historical
Material)
390.235 Permits
and conditions for excavation or removal of archaeological or historical
material; rules; criminal penalty
390.237 Removal
without permit; exceptions
390.240 Mediation
and arbitration of disputes; rules
COMMEMORATIVE COINS
390.245 Commemorative
coins authorized; sale; use of proceeds
390.247 Design;
contracted services
(
390.250 Development
of recreational use of lands by
390.255 Use
of funds to acquire land interests; conditions of grants
390.260 Application
of Willamette River Greenway laws; restriction on condemnation to acquire lands
(
390.270 Definitions
for ORS 390.270 to 390.290
390.275 Purpose
of ORS 390.270 to 390.290
390.280 Duties
of State Parks and Recreation Department; grants for lifesaving services;
minimum standards; rules
390.285 Application
by local governing body for reimbursement; report of activities required
390.290 Schedule
for reimbursement of local governing bodies
(
390.295 Jurisdiction
of State Forestry Department and State Parks and Recreation Department
390.300 Tillamook
Forest Recreation Trust Account; sources; uses
(Generally)
390.310 Definitions
for ORS 390.310 to 390.368
390.314 Legislative
findings and policy
390.318 Preparation
of development and management plan; content of plan
390.322 Submission
of plan to Land Conservation and Development Commission; revision, approval and
distribution of plan
390.330 Grants
for acquisition of lands by local government units; acquisition of water rights
or use of condemnation powers limited
(Land Acquisition)
390.332 Acquisition
of scenic easements near
390.334 Acquisition
of scenic easements in lands subject to development plan; farmlands not to be
acquired by condemnation; nature of easement; acquisition of other interests
390.338 Limitations
on use of condemnation power; acquisition of certain farmlands; disposition of
acquired lands; compensation for acquired lands
(Miscellaneous)
390.340 Department
rules
390.350 Intergovernmental
agreements; use of gifts and grants
390.360 Title
to, and use and disposition of, lands acquired by local governmental units
390.364 Taxation
of lands subject to scenic easements
390.368 Authority
to contract landscaping and repair of damage to lands subject to scenic
easement
ALL-TERRAIN VEHICLES
390.550 Definitions
390.555 All-Terrain
Vehicle Account; sources
390.560 Uses
of All-Terrain Vehicle Account
390.565 All-Terrain
Vehicle Account Allocation Committee; appointment; term; duties
390.570 Class
I all-terrain vehicle operator permits; issuance; safety education courses;
rules; fee
390.575 Class
III all-terrain vehicle operator permits; issuance; safety education courses;
rules; fee
390.580 All-terrain
vehicle operating permit; rules; application; fees; renewal
390.585 Rules
390.590 Out-of-state
all-terrain vehicle permit; qualifications; duration; application; fee
(General Provisions)
390.605 Definitions
390.610 Policy
390.615 Ownership
of Pacific shore; declaration as state recreation area
390.620 Pacific
shore not to be alienated; judicial confirmation
390.630 Acquisition
along ocean shore for state recreation areas or access
390.632 Public
access to coastal shorelands
(Regulating Use of
390.635 Jurisdiction
of department over recreation areas
390.640 Permit
required for improvements on ocean shore; exceptions
390.650 Improvement
permit procedure; fee; waiver or reduction
390.655 Standards
for improvement permits
390.659 Hearing
before director regarding department action on improvement permit; appeal of
directors order; suspension of permit during appeal
390.660 Regulation
of use of lands adjoining ocean shores; rules
390.661 Improvement
without permit or contrary to permit conditions as public nuisance
390.663 Investigation
of violation within ocean shore; cease and desist order; enforcement of order
by state and local police
390.666 Revocation,
suspension or nonrenewal of improvement permit
390.669 Action
by state or any person to abate public nuisance; temporary restraining order or
preliminary injunction; compensation to public
390.672 Damages
for destruction or infringement of public right of navigation, fishery or
recreation; treble damages
390.674 Imposition
of civil penalties
390.676 Schedule
of civil penalties; factors to determine amount; rules
390.678 Motor
vehicle and aircraft use regulated in certain zones; zone markers; proceedings
to establish zones
390.685 Effect
of ORS 390.605, 390.615, 390.678 and 390.685
390.690 Title
and rights of state unimpaired
(Special Permits)
390.705 Prohibition
against placing certain conduits across recreation area and against removal of
natural products
390.715 Permits
for pipe, cable or conduit across ocean shore, state recreation areas and
submerged lands
390.725 Permits
for removal of products along ocean shore; rules
390.729 Permits
for operation of all-terrain vehicles on ocean shore
(Vegetation Line)
390.755 Periodic
reexamination of vegetation line; department recommendations for adjustment
390.760 Exceptions
from vegetation line
390.770 Vegetation
line described
SCENIC WATERWAYS
390.805 Definitions
for ORS 390.805 to 390.925
390.815 Policy;
establishment of system
390.826 Designated
scenic waterways
390.827 Effect
of ORS 390.826 on rights of Indian tribes
390.835 Highest
and best use of waters within scenic waterways; prohibitions; authority of
various agencies; water rights; conditions; recreational prospecting; placer
mining
390.845 Administration
of scenic waterways and related adjacent lands; limitations on use; condemnation;
rules
390.848 Passes
for use of parts of
390.851 Activities
prohibited on parts of
390.855 Designation
of additional scenic waterways
390.865 Authority
of legislature over designation of additional scenic waterways
390.875 Transfer
of public lands in scenic waterways to department; administration of
nontransferred lands
390.885 Exchange
of property within scenic waterway for property outside waterway
390.895 Use
of federal funds
390.905 Effect
of ORS 390.805 to 390.925 on other state agencies
390.910 Intergovernmental
cooperation; county representative on management advisory committee
390.915 Determination
of value of scenic easement for tax purposes; easement exempt
390.925 Enforcement
DESCHUTES RIVER SCENIC WATERWAY RECREATION
AREA
390.930 Definitions
for ORS 390.930 to 390.940
390.932 Creation
of Deschutes River Scenic Waterway Recreation Area
390.934 Management
of Deschutes River Scenic Waterway Recreation Area; plan; rules; budget
390.936 Rules
390.938 Guidelines
for management and development
390.940 Relationship
to other laws
RECREATION TRAILS
390.950 Short
title
390.956 Policy
390.959 Composition
of trails system; establishment of markers
390.962 Criteria
for establishing trails; location; statutes authorizing trails for motorized
vehicles unaffected
390.965 Hearing
required; information to be considered
390.968 Selection
of rights of way for trails
390.971 Department
duties and powers; rules
390.974 Intergovernmental
cooperation to obtain property for use in trail system
390.977 Oregon
Recreation Trails Advisory Council; members; appointment; terms; duties;
expenses; officers; quorum; meetings
390.980 Funds
for purposes of ORS 390.950 to 390.989; acceptance and use of donated funds;
indemnity to owners of land damaged by trail users
390.983 Trail
property tax assessment
390.986 Injunctive
relief for violation of ORS 390.950 to 390.989
390.989 Eminent
domain does not apply to department powers or duties under ORS 390.950 to
390.989
PENALTIES
390.990 Violations
390.992 Civil
penalties
390.995 Criminal
penalties
GENERAL PROVISIONS
390.005
Definitions. As used in this
chapter, unless the context requires otherwise:
(1) Commission means the State Parks and
Recreation Commission.
(2) Department means the State Parks and
Recreation Department.
(3) Director means the State Parks and
Recreation Director. [1989 c.904 §2]
OUTDOOR
RECREATION RESOURCES
390.010
Policy of state toward outdoor recreation resources. The Legislative Assembly recognizes and
declares:
(1) 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 extent practicable without diminishing or
affecting their respective powers and functions to conserve, develop, and
utilize such resources for the benefit and enjoyment of all the people.
(2) The economy and well-being of the
people are in large part dependent upon proper utilization of the states
outdoor recreation resources for the physical, spiritual, cultural, scientific
and other benefits which such resources afford.
(3) It is in the public interest to
increase outdoor recreation opportunities commensurate with the growth in need
through necessary and appropriate actions, including, but not limited to, the
following:
(a) Protection of existing and needed open
spaces for appreciation, use and enjoyment of
(b) Provision of adequate land for outdoor
recreation.
(c) Preservation and restoration for
public enjoyment and education of structures, objects, facilities and resources
which are examples of
(d) Development of a system of scenic
roads to enhance recreational travel and sightseeing.
(e) Encouragement of outdoor activities
such as festivals, fairs, and events relating to music, dance, drama, art and
sports.
(f) Expansion of facilities for camping,
picnicking and lodging in or near recreational areas and along routes of
travel.
(g) Provision of tourist hospitality
centers, which may include informational services, sanitary facilities, camping
and picnicking areas at points near major highway entrances into the state.
(h) Provision of trails for horseback
riding, hiking, bicycling and motorized trail vehicle riding.
(i) Development of waterways, land and
water facilities for recreational boating, hunting and fishing.
(j) Development of all recreation
potentials of the several river basins, compatible with programs of water use
enunciated by the Water Resources Commission.
(k) Provision for access to public lands
and waters having recreational values.
(L) Encouragement of the development of
winter sports facilities.
(m) Encouragement of programs for
recreational enjoyment of mineral resources.
(4) It is in the public interest that all
efforts be made through research, education and enforcement to the end that
(5) It shall be the policy of the State of
Oregon to supply those outdoor recreation areas, facilities and opportunities
which are clearly the responsibility of the state in meeting growing needs; and
to encourage all agencies of government, voluntary and commercial
organizations, citizen recreation groups and others to work cooperatively and
in a coordinated manner to assist in meeting total recreation needs through
exercise of their appropriate responsibilities. [Formerly 184.310]
VIOLATIONS
ENFORCEMENT
390.050
Park and recreation violations; enforcement; disposition of fines and costs. (1) 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 153.
(2) All fines and court costs recovered
from park and recreation violations shall be paid to the clerk of the court
involved. Such moneys shall be credited and distributed under ORS 137.290 and
137.295 as monetary obligations payable to the state. [1981 c.692 §2; 1981
c.798 §35; 1987 c.905 §21; 1999 c.1051 §98]
LOTTERY BONDS
FOR STATE PARK PURPOSES
390.060
Definitions for ORS 390.060 to 390.067. As used in ORS 390.060 to 390.067, unless the context requires
otherwise:
(1) State park lottery bonds means the
bonds authorized to be issued under ORS 390.067 for the purpose of financing
state park projects.
(2) State park projects means projects
for the acquisition, development, improvement, upgrading, preservation and
expansion of the capacity of facilities of the system of state parks, including
but not limited to parks, park facilities, ocean shores, scenic waterways,
trails and historic sites in the State of Oregon. [1997 c.800 §3; 1999 c.44 §21]
Note: 390.060 to 390.067 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
390 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
390.063
Lottery bonds for state park projects. 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 commitment authorized by
ORS 267.334, 285B.410, 285B.422, 285B.482, 285B.530 to 285B.548 and 390.060 to
390.067 shall at all times be restricted to the availability of unobligated net
lottery proceeds, proceeds of lottery bonds and any other amounts specifically
committed by ORS 286A.560 to 286A.585. Neither the faith and credit of the
State of
Note: See note under 390.060.
390.065
Findings; use of
(1) Expenditures by visitors to
(a) Increasing the capacity, usefulness
and attractive qualities of public recreational facilities, thereby promoting
travel and tourism in
(b) Generating business for and supporting
the operations and prosperity of businesses located in the areas of the public
recreational facilities; and
(c) Creating employment opportunities
within this state through the funding of development and improvement projects
on which workers will be employed.
(2) Based on the findings made in this
section, the use of the net proceeds from the operation of the Oregon State
Lottery to fund state park projects and to pay state park lottery bonds
described in ORS 390.063 is an appropriate use of state lottery funds under
section 4, Article XV of the Oregon Constitution, and ORS 461.510. [1997 c.800 §2;
1999 c.44 §23]
Note: See note under 390.060.
390.067
Request for issuance of state park lottery bonds;
(2) The Oregon Parks for the Future Fund
is established in the State Treasury, separate and distinct from the General
Fund. The net proceeds from the sale of the state park lottery bonds which are
available to pay costs of state park projects shall be credited to the Oregon
Parks for the Future Fund. Investment earnings on amounts in the Oregon Parks
for the Future Fund shall be credited to the Oregon Parks for the Future Fund.
All moneys from time to time credited to the Oregon Parks for the Future Fund,
including any investment earnings, are appropriated continuously to the State
Parks and Recreation Department only for payment of costs of state park
projects and for payment of bond-related costs that are allocable to state park
lottery bonds. Amounts in the Oregon Parks for the Future Fund shall be
disbursed upon the written request of the State Parks and Recreation Director
to pay for costs of state park projects pursuant to subsection (3) of this
section, and upon the written request of the Director of the Oregon Department
of Administrative Services to pay for bond-related costs that are allocable to
state park lottery bonds.
(3) The State Parks and Recreation
Director shall apply amounts in the Oregon Parks for the Future Fund to pay
costs of state park projects. The State Parks and Recreation Director may make
and administer contracts to carry out state park projects. In addition, the
director may enter into agreements with any state agency or local government
that commits the State Parks and Recreation Department to pay anticipated funds
from the Oregon Parks for the Future Fund to the agency or local government for
state park projects. Agreements under this subsection may, subject to the
provisions of this section, provide for the remittance of the moneys on such
periodic basis, in such amounts, over such period of years and with such
priority over other commitments of such funds as the director shall specify in
the agreements. The obligation of the state and the department to provide funds
under any such agreement shall be subject to the availability of amounts in the
Oregon Parks for the Future Fund and any other amounts lawfully available to
the State Parks and Recreation Department. The State Parks and Recreation
Department and any agency or local government receiving proceeds of state park
lottery bonds shall, if so directed by the Oregon Department of Administrative
Services, take any action specified by the Oregon Department of Administrative
Services which is necessary to maintain the excludability of lottery bond
interest from gross income under the United States Internal Revenue Code. [1997
c.800 §4]
Note: See note under 390.060.
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]
STATE PARKS
AND RECREATION DEPARTMENT
(Generally)
390.111
Creation of department; jurisdiction and authority. (1) 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.
(2) Except as may be provided by an
agreement to the contrary between the State Parks and Recreation Commission and
the county, city or political subdivision thereof which exercised jurisdiction
and authority over the park, ground or place prior to acquisition by the state,
the department has complete jurisdiction and authority over all state parks,
waysides and scenic, historic or state recreation areas, recreational grounds
or places acquired by the state for scenic, historic, natural, cultural or recreational
purposes except as otherwise provided by law.
(3) The department shall manage and
control the utilization of the grounds included within the
390.112
Additional criteria for acquiring and developing new historic sites, parks and
recreation areas. 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:
(1) Criteria to address opportunities that
may be lost to the department if acquisition is delayed, such as Whelan Island
in Tillamook County and Cape Sebastian in Curry County;
(2) Criteria to protect significant
cultural and historic properties, such as Thompsons Mills in Linn County, Fort
Rock Cave in Lake County, Fort Yamhill in Polk County and Keil House in Marion
County; and
(3) Criteria to satisfy the need for overnight
and large group use facilities on the perimeter of urban population centers,
such as
390.114
State Parks and Recreation Commission. (1) There is established a State Parks and Recreation Commission
consisting of seven members appointed by the Governor.
(2) 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 vacancy for any cause, the
Governor shall make an appointment to become immediately effective for the
unexpired term.
(3) All appointments of members of the
commission by the Governor are subject to confirmation by the Senate pursuant
to ORS 171.562 and 171.565.
(4) The Governor shall appoint one member
of the commission from each of the congressional districts referred to in ORS
188.135, one member from among individuals who reside west of the summit of the
Coast Mountain Range and one member from among individuals who reside east of
the summit of the Cascade Mountain Range.
(5) A member of the commission is entitled
to compensation and expenses as provided in ORS 292.495. [1989 c.904 §4; 1997
c.249 §123]
390.117
Commission officers; meetings; function; delegation of authority. (1) 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.
(2) A majority of the members of the
commission constitutes a quorum for the transaction of business.
(3) The commission shall meet at least
once every three months at a time and place determined by the commission. The
commission also shall meet at such other times and places as are specified by
the call of the chairperson or of a majority of the members of the commission.
(4) It is the function of the State Parks and
Recreation Commission to promote the policy of this state toward outdoor
recreation resources identified in ORS 390.010 and establish the policies for
the operation of the State Parks and Recreation Department in a manner
consistent with the policies and purposes of this chapter. In addition, the
commission shall perform any other duty vested in it by law.
(5) Except for the commissions power to
adopt rules, the commission may delegate to the State Parks and Recreation
Director the exercise or discharge in the commissions name of any power, duty
or function, of whatever character, vested in or imposed by law upon the
commission, with the exception of the powers, duties and functions described in
ORS 390.121 (1). The official act of the director acting in the commissions
name and by the commissions authority shall be considered an official act of
the commission. [1989 c.904 §6]
390.120 [Formerly 366.175; 1979 c.186 §17; repealed
by 1989 c.904 §48]
390.121
Powers of commission. In
carrying out its responsibilities, the State Parks and Recreation Commission
may:
(1) 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, relaxation areas, visitor and interpretive centers, department
management facilities, such as shops, equipment sheds, office buildings, park
ranger residences or other real property or any right or interest because of
its natural, scenic, cultural, historic or recreational value, or any other
places of attraction and scenic or historic value which in the judgment of the
State Parks and Recreation Department will contribute to the general welfare,
enjoyment and pleasure of the public.
(2) Construct, improve, develop, manage,
operate and maintain facilities and areas, including but not limited to roads,
trails, campgrounds, picnic areas, boat ramps and nature study areas named in
subsection (1) of this section.
(3) Sell, lease, exchange or otherwise
dispose or permit use of real or personal property, including equipment and
materials acquired by the department, if in the opinion of the department it is
no longer needed, required or useful for department purposes, except that:
(a) Real property may be leased when such
real property will not be needed for department purposes during the leasing
period.
(b) Real property used for park purposes
may be donated to the United States Department of Interior for the purpose of
establishing a national monument when in the judgment of the department such
disposition would best serve the interests of this state.
(c) Proceeds from the sale of all surplus
or unsuitable lands held for park purposes shall be deposited in the Parks
Donation Trust Fund for use for park land acquisition or development. Proceeds
from the sale of other property shall be paid by the department to the State
Treasurer for credit to the State Parks and Recreation Department Fund, and any
interest from this fund shall be credited to this fund.
(d)(A) Before offering forest products for
sale, the department shall cause the forest products to be appraised.
(B) If the appraised value of the forest
products exceeds $15,000, the department shall offer them for sale by
competitive bid. Prior to such bid offering, the department shall give notice
not less than once a week for three consecutive weeks by publication in one or
more newspapers of general circulation in the county in which the forest
products are located and by such other media of communication as the department
deems advisable. The minimum bid price and a brief statement of the terms and
conditions of the sale shall be in the notice.
(C) The notice and competitive bidding
under subparagraph (B) of this paragraph shall not be required if the State
Parks and Recreation Director declares an emergency to exist that requires the
immediate removal of the timber. If an emergency has been so declared:
(i) The timber, regardless of value, may
be sold by a negotiated price; and
(ii) The director shall make available for
public inspection a written statement giving the reasons for declaring the
emergency.
(e) In the case of real property acquired
by eminent domain, the prior owner of real property for which sale, lease,
exchange or other disposal is proposed must be given the first opportunity to
reacquire the property in accordance with ORS chapter 35.
(4) Enter into contracts deemed necessary
for the construction, maintenance, operation, improvement or betterment of
parks or for the accomplishment of the purposes of chapter 904,
(5) In carrying out its duties, functions
and powers under this chapter, publish guides and other materials relating to
recreational opportunities in this state or to any program or function
administered by the department. The department may arrange for the sale of such
publications. The price of such publications shall include the cost of
publishing and distributing the materials. All moneys received by the
department from the sale of publications shall be deposited in the State Parks
and Recreation Department Fund. The department may contract for the publication
of the materials described in this subsection, including the research, design
and writing of the materials. The contract may include, among other matters,
provisions for advance payment or reimbursement for services performed under
the contract. [1989 c.904 §9]
Note: Legislative Counsel has substituted chapter
904, Oregon Laws 1989, for the words this 1989 Act in section 9, chapter
904, Oregon Laws 1989, compiled as 390.121. Specific ORS references have not
been substituted, pursuant to 173.160. These sections may be determined by
referring to the 1989 Comparative Section Table located in Volume 20 of ORS.
390.122
Requirements for establishing priorities for acquisition. In establishing its priorities for
acquisition, the State Parks and Recreation Commission shall:
(1) Consider the criteria and specific
examples set forth in ORS 390.112; and
(2) 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 and
recreation areas. [1999 c.1038 §5]
390.124
Commission rulemaking authority; charges for use of parks and other areas;
exceptions. (1) 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 commission.
(2) The commission may adopt rules that
assess reasonable charges, including fee reductions, waivers and exemptions,
for the use of areas established and maintained by the department. However, the
commission shall authorize the use of any state park, individual campsite or
day use fee area without charge:
(a) Upon the showing of proper
identification, by a person maintaining a foster home, as defined by ORS
418.625, and the persons children, when accompanied by a foster child residing
in the home.
(b) Upon the showing of proper
identification, by a person maintaining a developmental disability child foster
home, as defined by ORS 443.830, and the persons children, when accompanied by
a foster child residing in the home.
(c) If a deed to, lease of or contract to
use the property used as a state park, campsite or day use fee area prohibits
the charging of fees for use of the property.
(d) Upon the showing of proper
identification, by either a disabled veteran or a person on leave from military
active duty status on Memorial Day, Independence Day or Veterans Day.
(3) The commission shall report to an
appropriate committee of the Legislative Assembly, no later than January 31 of
each odd-numbered year, on the fee reductions, waivers and exemptions adopted
by rule by the commission pursuant to subsection (2) of this section. [1989
c.904 §§10,10a; 1991 c.67 §93; 1999 c.316 §7; 2003 c.519 §1]
390.127
State Parks and Recreation Director; appointment; compensation. (1) 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.
(2) The director shall receive such salary
as may be prescribed by law. In addition to salary, subject to applicable law
regulating travel and expenses of state officers, the director shall be
reimbursed for actual and necessary travel and other expenses incurred in the
performance of official duties. [1989 c.904 §7]
390.130 [Formerly 366.180; 1979 c.186 §18; repealed
by 1989 c.904 §48]
390.131
Duties of director. The
State Parks and Recreation Director is the executive head of the State Parks
and Recreation Department and shall:
(1) 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.
(2) Appoint, supervise and control all
commission employees and, under policy direction of the commission, be
responsible for all of the commissions functions and activities.
(3) Establish such administrative
divisions as are necessary to carry out properly the commissions functions and
activities.
(4) Contract with the Department of
Transportation for the performance of such administrative services as the
director considers appropriate. [1989 c.904 §8]
390.134
State Parks and Recreation Department Fund; sources; uses; advisory committee;
rules; subaccounts. (1) As
used in this section:
(a) Camper has the meaning given that
term in ORS 801.180.
(b) 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.
(c) Motor home has the meaning given
that term in ORS 801.350.
(d) Travel trailer has the meaning given
that term in ORS 801.565.
(2) The State Parks and Recreation
Department Fund is established separate and distinct from the General Fund.
Moneys in the fund are continuously appropriated to the State Parks and
Recreation Department for the purposes provided by law. The fund shall consist
of the following:
(a) All moneys placed in the fund as
provided by law. Any interest or other income derived from the depositing or
other investing of the fund must be credited to the fund.
(b) All registration fees received by the
Department of Transportation for campers, motor homes and travel trailers that
are transferred to the fund under ORS 366.512. The funds must be deposited in a
separate subaccount established under subsection (3) of this section.
(c) Revenue from fees and charges pursuant
to ORS 390.124.
(3) Any moneys placed in the fund for a
particular purpose may be placed in a separate subaccount within the fund. Each
separate subaccount established under this subsection must be separately
accounted for. Moneys placed in a subaccount must be used for the purposes for
which they are deposited.
(4) All of the moneys in the fund except
those moneys described in subsection (3), (5), (6) or (7) of this section must
be deposited in a separate subaccount within the fund and used by the State
Parks and Recreation Department for the acquisition, development, maintenance,
care and use of park and recreation sites and for the maintenance and operation
of the Oregon State Fair. The moneys in the subaccount under this subsection
must be accounted for separately and stated separately in the State Parks and
Recreation Departments biennial budget.
(5) Thirty-five percent of the amount
transferred to the State Parks and Recreation Department under ORS 366.512 from
the registration of travel trailers, campers and motor homes and under ORS
803.601 from recreational vehicle trip permits must be deposited in a separate
subaccount within the fund to be distributed for the acquisition, development,
maintenance, care and use of county park and recreation sites. The moneys in
the subaccount under this subsection must be accounted for separately. The
following apply to the distribution of moneys under this subsection:
(a) The moneys must be distributed among
the several counties for the purposes described in this subsection. The
distribution shall be made at times determined by the State Parks and
Recreation Department but must be made not less than once a year.
(b) The sums designated under this
subsection must be remitted to the county treasurers of the several counties by
warrant.
(c) The department shall establish an
advisory committee to advise the department in the performance of its duties
under this subsection. The composition of the advisory committee under this
subsection is as determined by the department by rule. In determining the
composition of the advisory committee, the department shall attempt to provide
reasonable representation for county officials or employees with
responsibilities relating to county parks and recreation sites.
(d) The department, by rule, shall
establish a program to provide moneys to counties for the acquisition,
development, maintenance, care and use of county park and recreation sites. The
rules under this paragraph shall provide for distribution of moneys based on
use and need and, as the department determines necessary, on the need for the
development and maintenance of facilities to provide camping sites for campers,
motor homes and travel trailers.
(6) The department shall create a separate
City and
(7) The department shall create a separate
rural Fire Protection District Subaccount to be used to provide funds for the
fire protection districts as provided in ORS 390.290.
(8) On or before January 15 of each
odd-numbered year, the State Parks and Recreation Director shall report to the
Joint Legislative Committee on Ways and Means created by ORS 171.555 on the use
of moneys deposited pursuant to ORS 805.256 in the fund. The director shall
make the report in a form and manner as the committee may prescribe. [1989
c.904 §9a; 1993 c.662 §2; 1993 c.696 §16; 1997 c.421 §4; 1997 c.721 §1;
subsection (7) of 2001 Edition enacted as 2001 c.110 §2; 2003 c.14 §166; 2003
c.655 §74; 2005 c.22 §§265,266; 2005 c.755 §29; 2005 c.777 §§46,47; 2007 c.792 §1]
Note: The amendments to 390.134 by section 2,
chapter 792,
390.134. (1) As used in this section:
(a) Camper has the meaning given that
term in ORS 801.180.
(b) 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.
(c) Motor home has the meaning given
that term in ORS 801.350.
(d) Travel trailer has the meaning given
that term in ORS 801.565.
(2) The State Parks and Recreation
Department Fund is established separate and distinct from the General Fund.
Moneys in the fund are continuously appropriated to the State Parks and Recreation
Department for the purposes provided by law. The fund shall consist of the
following:
(a) All moneys placed in the fund as
provided by law. Any interest or other income derived from the depositing or
other investing of the fund must be credited to the fund.
(b) All registration fees received by the
Department of Transportation for campers, motor homes and travel trailers that
are transferred to the fund under ORS 366.512. The funds must be deposited in a
separate subaccount established under subsection (3) of this section.
(c) Revenue from fees and charges pursuant
to ORS 390.124.
(3) Any moneys placed in the fund for a
particular purpose may be placed in a separate subaccount within the fund. Each
separate subaccount established under this subsection must be separately
accounted for. Moneys placed in a subaccount must be used for the purposes for
which they are deposited.
(4) All of the moneys in the fund except
those moneys described in subsection (3), (5), (6) or (7) of this section must
be deposited in a separate subaccount within the fund and used by the State
Parks and Recreation Department for the acquisition, development, maintenance,
care and use of park and recreation sites and for the maintenance and operation
of the Oregon State Fair. The moneys in the subaccount under this subsection
must be accounted for separately and stated separately in the State Parks and
Recreation Departments biennial budget.
(5) Thirty percent of the amount
transferred to the State Parks and Recreation Department under ORS 366.512 from
the registration of travel trailers, campers and motor homes and under ORS
803.601 from recreational vehicle trip permits must be deposited in a separate
subaccount within the fund to be distributed for the acquisition, development,
maintenance, care and use of county park and recreation sites. The moneys in
the subaccount under this subsection must be accounted for separately. The
following apply to the distribution of moneys under this subsection:
(a) The moneys must be distributed among
the several counties for the purposes described in this subsection. The
distribution shall be made at times determined by the State Parks and
Recreation Department but must be made not less than once a year.
(b) The sums designated under this
subsection must be remitted to the county treasurers of the several counties by
warrant.
(c) The department shall establish an
advisory committee to advise the department in the performance of its duties
under this subsection. The composition of the advisory committee under this
subsection is as determined by the department by rule. In determining the
composition of the advisory committee, the department shall attempt to provide
reasonable representation for county officials or employees with responsibilities
relating to county parks and recreation sites.
(d) The department, by rule, shall
establish a program to provide moneys to counties for the acquisition,
development, maintenance, care and use of county park and recreation sites. The
rules under this paragraph shall provide for distribution of moneys based on
use and need and, as the department determines necessary, on the need for the
development and maintenance of facilities to provide camping sites for campers,
motor homes and travel trailers.
(6) The department shall create a separate
City and
(7) The department shall create a separate
rural Fire Protection District Subaccount to be used to provide funds for the
fire protection districts as provided in ORS 390.290.
(8) On or before January 15 of each
odd-numbered year, the State Parks and Recreation Director shall report to the
Joint Legislative Committee on Ways and Means created by ORS 171.555 on the use
of moneys deposited pursuant to ORS 805.256 in the fund. The director shall
make the report in a form and manner as the committee may prescribe.
390.137
State Parks and Recreation Department Operating Fund. (1) 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.
(2) Parks Donation Trust Fund moneys shall
be transferred to the State Parks and Recreation Department Operating Fund for
disbursement for purposes stated in ORS 390.153 (2).
(3) Disbursements may be made by check of
the department upon the State Treasurer signed by such officer or
administrative head as the State Parks and Recreation Director appoints for
that purpose. Disbursements shall be made only in payment of claims authorized
by law for the ordinary expenditures of the State Parks and Recreation
Department incurred in the operation of the department or any of its divisions.
The department shall keep accurate account of the funds.
(4) Upon approval of the Oregon Department
of Administrative Services and the State Treasurer, the State Parks and
Recreation Department may contract to write checks upon the State Treasury to
pay for claims and expenditures of the department. [1989 c.904 §9b]
390.139
(2) Private landowners with parks adjacent
to their property are vital to the success of the
(3) Program funding is an authorized use
of the State Parks and Recreation Department Fund under ORS 390.134.
(4) The State Parks and Recreation
Department may adopt any rules necessary for implementation of the
(5) An agreement entered into between the
State Parks and Recreation Department and a volunteer under subsection (1) of
this section shall include but need not be limited to:
(a) Identification of the designated state
park. The volunteer may request a specific state park the volunteer wishes to
adopt, but the assignment shall be at the discretion of the State Parks and
Recreation Department. In assigning parks, the department shall coordinate and
cooperate with affected federal, state and local management agencies and
private landowners.
(b) Specification of the duties of the
volunteer.
(c) Specification of the responsibilities
of the volunteer. The volunteer shall agree to abide by all rules related to
the program that are adopted by the State Parks and Recreation Department.
(d) Specification of the duration of the
agreement. The volunteer shall contract to care for the designated state park
for one year.
(6) The State Parks and Recreation
Department shall create a recognition program to acknowledge the efforts of
volunteers, agencies and businesses that participate in the
(7) The State Parks and Recreation
Department may provide trash bags, supplies, equipment and safety information
and assistance to the participating volunteers.
(8) As used in this section, volunteer
may include an individual, a group of individuals, a volunteer group or service
club, or any entity that is tax exempt under section 501(c)(3) of the Internal
Revenue Code, as amended. [1997 c.718 §2; 1999 c.59 §103; 2003 c.14 §167]
390.140
Powers and duties of State Parks and Recreation Director. (1) Under the direction of the State Parks
and Recreation Commission, the State Parks and Recreation Director shall:
(a) Study and appraise the recreation
needs of this state and assemble and disseminate information relative to
recreation, considering both tourist and local needs.
(b) Investigate the recreation facilities,
personnel, activities and programs existing or needed in the various areas in
this state and, by consultation with the appropriate public or private
authorities in such areas, assist in the development and coordination of
recreation facilities, activities and programs.
(c) Advise, cooperate with and encourage
counties, cities, districts and other local agencies, areas and communities
interested in the development and use of recreation facilities, activities and
programs for the public benefit.
(d) Recommend and promote standards for
recreation facilities, personnel, activities and programs.
(e) Aid in recruiting, training and
placing recreation personnel.
(f) Promote recreation institutes and
conferences.
(2) Under the direction of the commission,
the State Parks and Recreation Director may:
(a) Encourage and render assistance in the
promotion of training programs for volunteer and professional recreation
leaders in cooperation with other public and private agencies, persons, groups,
organizations and institutions interested in recreation, and encourage the establishment
of standards for recreation personnel.
(b) Assist any state agency in rendering
recreation services and carrying out recreation functions in conformity with
the authorized powers and duties of such state agency, and encourage and assist
in the coordination of federal, state and local recreation facilities,
personnel, activities and programs. [Formerly 366.182; 1979 c.186 §19; 1989
c.904 §11]
390.143
Agreements to provide interpretive services to recreational facilities;
authority under agreement; disposition of moneys. (1) In order to further the interpretive and
educational functions of recreation facilities in
(2) An organization entering into an
agreement with the director under subsection (1) of this section may:
(a) Provide educational or interpretive
material for sale at a recreation facility;
(b) Acquire display materials and
equipment for exhibits at a recreation facility;
(c) Provide support for special recreation
facility interpretive programs or environmental education programs;
(d) Support recreation facility libraries;
or
(e) Provide support for other interpretive
projects related to a specific recreation facility.
(3) If the director enters into an
agreement with a private organization under subsection (1) of this section, the
State Parks and Recreation Department may:
(a) Provide incidental personnel services
to the organizations interpretive program; and
(b) Provide space at a recreation facility
for the interpretive materials provided by the organization.
(4) Any money received from the sale of
publications or other materials provided by an organization pursuant to an
agreement entered into under this section shall be retained by the organization
for use in the interpretive or educational services of the recreation facility
for which the organization provides interpretive services.
(5) As used in this section, recreation
facility includes but is not limited to state parks and all recreational,
historical and scenic attractions owned or under the control of the State of
390.144
Rules for ORS 390.143. 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:
(1) Procedures and forms to be used by an
organization desiring to enter into an agreement with the director under ORS
390.143;
(2) Guidelines for approving the
interpretive material an organization proposes to provide to a recreation facility;
and
(3) Provisions for renewing or dissolving
an agreement between an organization and the director. [1985 c.303 §3]
390.150
Gifts and grants for State Parks and Recreation Department. 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 or to facilitate the carrying out of any of the functions of the
State Parks and Recreation Director under ORS 390.140 to 390.150. [Formerly
366.183]
390.153
Parks Donation Trust Fund; sources; uses. (1) 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 that the terms of
a gift or donation require a separate subaccount. Any interest or other income
derived from the depositing or other investing of the fund shall be credited
monthly to the fund except that interest or other income attributable to a
subaccount shall be credited to that subaccount.
(2) Moneys in the Parks Donation Trust
Fund and in any subaccount of the fund are continuously appropriated to the
State Parks and Recreation Department for the purposes specified in the gift or
donation or, if no specific purpose is specified, for park and recreation
purposes determined by the State Parks and Recreation Commission. [1987 c.181 §1;
1989 c.904 §12]
390.155
Authority for State Parks and Recreation Department to accept gifts or
donations. 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
commissions judgment, best carries out the intent of the gift or donation. [1987
c.181 §2]
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]
390.180
Standards for recreational planning and fund disbursement; rules; park master
plans. (1) The State Parks
and Recreation Director shall adopt rules that:
(a) Establish the standards the State
Parks and Recreation Department shall use when that department:
(A) Performs comprehensive statewide
recreational planning; or
(B) Disburses any moneys to local
governments or other state agencies under programs established under state or
federal law.
(b) Establish a process for the
development of a master plan for each state park, including public
participation and coordination with affected local governments.
(c) Establish a master plan for each state
park, including an assessment of resources and a determination of the capacity
for public use and enjoyment of each park, that the State Parks and Recreation
Department shall follow in its development and use of each park.
(d) Make state funding assistance
available to nonprofit veterans organizations for the construction and
restoration of memorials honoring veterans and war memorials located on public
property.
(2) The State Parks and Recreation
Director shall submit an adopted state park master plan to the local government
with land use planning responsibility for the subject park. [1979 c.637 §1;
1987 c.158 §67; 1997 c.604 §1; 2005 c.398 §1]
390.190
Revolving fund. (1) 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.
(2) The fund shall be at the disposal of
the State Parks and Recreation Department and may be used by the department:
(a) To compensate employees for salaries,
travel expenses, relocation expenses and other work-related expenditures; and
(b) To pay for services, supplies and
materials not to exceed $300 for any transaction.
(3) All vouchers for claims paid from the
revolving fund shall be approved by the State Parks and Recreation Director.
When claims are so approved and audited, warrants covering them shall be drawn
in favor of the director and shall be used by the director to reimburse the
fund. [1983 c.443 §7; 1989 c.904 §14]
390.195
Use of state correctional institution inmate labor for maintenance and improvement
at state parks. (1) The
State Parks and Recreation Department shall use state correctional institution
inmate 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 inmate labor under this section.
(2) The State Parks and Recreation
Director shall assign and supervise the work of the state inmates who are
performing the work described in subsection (1) of this section.
(3) Nothing in this section is intended to
exempt the State Parks and Recreation Department from the provisions of ORS
279.835 to 279.855 for any purpose other than the use of state correctional
institution inmate labor. [1997 c.533 §1; 1999 c.59 §104; 2003 c.794 §270]
Note: 390.195 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 390 or
any series therein by legislative action. See Preface to Oregon Revised Statutes
for further explanation.
390.200
Authority of department to require fingerprints. For the purpose of requesting a state or
nationwide criminal records check under ORS 181.534, the State Parks and
Recreation Department may require the fingerprints of a person who:
(1)(a) Is employed or applying for
employment by the department; or
(b) Provides services or seeks to provide
services to the department as a contractor or volunteer; and
(2) Is, or will be, working or providing
services in a position:
(a) In which the person has direct access
to persons under 18 years of age, elderly persons or persons with disabilities;
(b) In which the person is providing
information technology services and has control over, or access to, information
technology systems that would allow the person to harm the information
technology systems or the information contained in the systems;
(c) In which the person has access to
information, the disclosure of which is prohibited by state or federal laws,
rules or regulations or information that is defined as confidential under state
or federal laws, rules or regulations;
(d) That has payroll functions or in which
the person has responsibility for receiving, receipting or depositing money or
negotiable instruments, for billing, collections or other financial
transactions or for purchasing or selling property or has access to property
held in trust or to private property in the temporary custody of the state;
(e) In which the person has responsibility
for auditing agency financial transactions;
(f) In which the person has access to
personal information about employees or members of the public including Social
Security numbers, dates of birth, driver license numbers, medical information,
personal financial information or criminal background information;
(g) In which the person has access to tax
or financial information of individuals or business entities;
(h) In which the person provides security,
design or construction services for government buildings, grounds or facilities;
or
(i) In which the person may issue
citations under ORS 390.050. [2005 c.730 §55]
Note: 390.200 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 390 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
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]
390.230
(2) All of the lands, together with the
accretions thereto lying westerly of the east line of section 7, township 8
north, range 10 west, Willamette Meridian, Clatsop County, State of Oregon,
extending northerly to the main channel of the Columbia River as it existed on
May 19, 1967; bounded on the south by the south line of said section 7 extended
westerly to the low water of the Pacific Ocean; and bounded on the north by the
main channel of said Columbia River extended downstream to the Pacific Ocean. [1967
c.288 §§1,2]
390.231
Development of Crissey Field as state park. 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
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 therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
390.232
Tax on government camping and recreational vehicle spaces. (1) 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.
(2) Notwithstanding any timeline imposed
by a local government for remitting tax receipts, a tax collected by the state
or a local government pursuant to this section may be held by the collecting
agency until the amount of money held by the agency equals or exceeds $100.
Once the amount held by the collecting agency equals or exceeds $100, the
agency shall remit the tax collected at the next following reporting period
established by the local government for payment of the tax. A local government
may not assess any penalty or interest against the state or a local government
that withholds payments pursuant to this subsection. [1993 c.819 §1; 2005 c.610
§1]
Note: 390.232 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 390 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
(Archaeological
Sites and Historical Material)
390.235
Permits and conditions for excavation or removal of archaeological or historical
material; rules; criminal penalty. (1)(a) 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 Recreation Department.
(b) If a person who obtains a permit under
this section intends to curate or arrange for alternate curation of an
archaeological object that is uncovered during an archaeological investigation,
the person must submit evidence to the State Historic Preservation Officer that
the Oregon State Museum of Anthropology and the appropriate Indian tribe have
approved the applicants curatorial facilities.
(c) No permit shall be effective without
the approval of the state agency or local governing body charged with
management of the public land on which the excavation is to be made, and
without the approval of the appropriate Indian tribe.
(d) The State Parks and Recreation
Director, with the advice of the Oregon Indian tribes and Executive Officer of
the Commission on Indian Services, shall adopt rules governing the issuance of
permits.
(e) Disputes under paragraphs (b) and (c)
of this subsection shall be resolved in accordance with ORS 390.240.
(f) Before issuing a permit, the State
Parks and Recreation Director shall consult with:
(A) The landowning or land managing
agency; and
(B) If the archaeological site in question
is associated with a prehistoric or historic native Indian culture:
(i) The Commission on Indian Services; and
(ii) The most appropriate Indian tribe.
(2) The State Parks and Recreation
Department may issue a permit under subsection (1) of this section under the
following circumstances:
(a) To a person conducting an excavation,
examination or gathering of such material for the benefit of a recognized
scientific or educational institution with a view to promoting the knowledge of
archaeology or anthropology;
(b) To a qualified archaeologist to
salvage such material from unavoidable destruction; or
(c) To a qualified archaeologist sponsored
by a recognized institution of higher learning, private firm or an Indian tribe
as defined in ORS 97.740.
(3) Any archaeological materials, with the
exception of Indian human remains, funerary objects, sacred objects and objects
of cultural patrimony, recovered by a person granted a permit under subsection
(2) of this section shall be under the stewardship of the State of
(a) The Oregon State Museum of
Anthropology with the approval from the appropriate Indian tribe approves the
alternate curatorial facilities selected by the permittee;
(b) The materials are made available for
nondestructive research by scholars; and
(c)(A) The material is retained by a
recognized scientific, educational or Indian tribal institution for whose
benefit a permit was issued under subsection (2)(a) of this section;
(B) The State Board of Higher Education
with the concurrence of the appropriate Indian tribe grants approval for
material to be curated by an educational facility other than the institution
that collected the material pursuant to a permit issued under subsection (2)(a)
of this section; or
(C) The sponsoring institution or firm
under subsection (2)(c) of this section furnishes the Oregon State Museum of
Anthropology with a complete catalog of the material within six months after the
material is collected.
(4) The Oregon State Museum of
Anthropology shall have the authority to transfer permanent possessory rights
in subject material to an appropriate Indian tribe.
(5) Except for sites containing human
remains, funerary objects and objects of cultural patrimony as defined in ORS
358.905, or objects associated with a prehistoric Indian tribal culture, the
permit required by subsection (1) of this section or by ORS 358.920 shall not
be required for forestry operations on private lands for which notice has been
filed with the State Forester under ORS 527.670.
(6) As used in this section:
(a) Private firm means any legal entity
that:
(A) Has as a member of its staff a
qualified archaeologist; or
(B) Contracts with a qualified archaeologist
who acts as a consultant to the entity and provides the entity with
archaeological expertise.
(b) Qualified archaeologist means a
person who has the following qualifications:
(A) A post-graduate degree in archaeology,
anthropology, history, classics or other germane discipline with a
specialization in archaeology, or a documented equivalency of such a degree;
(B) Twelve weeks of supervised experience
in basic archaeological field research, including both survey and excavation
and four weeks of laboratory analysis or curating; and
(C) Has designed and executed an
archaeological study, as evidenced by a Master of Arts or Master of Science
thesis, or report equivalent in scope and quality, dealing with archaeological
field research.
(7) Violation of the provisions of
subsection (1)(a) of this section is a Class B misdemeanor. [Formerly 273.705;
1993 c.459 §12; 1995 c.543 §7; 1995 c.588 §2]
390.237
Removal without permit; exceptions. 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 native Indian human
remains, funerary goods, sacred objects and objects of cultural patrimony,
which shall go directly to the appropriate Indian tribe, are under the
stewardship of the State of Oregon and shall be assigned to the Oregon State
Museum of Anthropology with the expressed approval of the appropriate Indian
tribe. [Formerly 273.711; 1993 c.459 §13; 1995 c.543 §10]
390.240
Mediation and arbitration of disputes; rules. (1) The following disputes shall be submitted to mediation and if
mediation is not successful to arbitration as described in this section:
(a) A dispute with regard to the issuance
of an archaeological permit under ORS 390.235; or
(b) A dispute over the disposition of
human skeletal remains or burial goods under ORS 97.750.
(2) The State Parks and Recreation
Commission in consultation with the Mark O. Hatfield School of Government and
the governing bodies of the Oregon Indian tribes shall adopt rules to establish
mediation and arbitration procedures. [1993 c.459 §15; 2001 c.104 §129; 2003
c.598 §42; 2003 c.791 §§32,32a; 2005 c.817 §9]
COMMEMORATIVE
COINS
390.245
Commemorative coins authorized; sale; use of proceeds. (1) The State Treasurer may issue
commemorative coins for sale to the public. Such coins shall commemorate
(2) All moneys received by the State
Treasurer from the sale of commemorative coins shall be paid into the State
Treasury and credited to a separate Commemorative Coin Account established
within the State Parks and Recreation Department Fund. The State Treasurer is
authorized to charge the account the reasonable expenses incurred in the
design, production and sale of the coins.
(3) All moneys in the account, net of expenses
charged, are appropriated continuously to the State Parks and Recreation
Department for park land acquisition and development and for historical
observances related to historical areas and sites. [1991 c.582 §2]
390.247
Design; contracted services.
(1) 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.
(2) In carrying out the State Treasurers
duties, functions and powers with regard to the commemorative coins, the State
Treasurer may contract for the performance of those duties, functions and
powers. The contract may include, among other matters, provisions for advance
payment or reimbursement for services performed pursuant to any such contract.
All costs and expenses incurred pursuant to this section shall be paid from the
Commemorative Coin Account established in ORS 390.245. [1991 c.582 §3]
(
390.250
Development of recreational use of lands by
(2) Each plan adopted under subsection (1)
of this section shall be prepared in cooperation with and with the concurrence
of all cities within the county that have lands within their respective
boundaries that are adjacent or contiguous to Bear Creek.
(3) After the adoption of a plan under
subsection (1) of this section, the governing body of a city in Jackson County
or of Jackson County may apply to the State Parks and Recreation Department
under ORS 390.255 for grants of money to be used by the city or county in the
acquisition of lands or any interests therein to carry out any such plan. [1973
c.668 §1; 1989 c.904 §15]
390.255
Use of funds to acquire land interests; conditions of grants. (1) 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 Jackson County. The grants of money that may be made by the
department for the acquisition of any lands or interests shall not be less than
50 percent of such acquisition cost subject to availability of funds therefor.
All remaining costs, including but not limited to future operation and
maintenance costs, shall be borne by the city or county in a manner
satisfactory to the department. No grant of money shall be made by the
department under this subsection for any lands or interests acquired by a city
or county prior to July 22, 1973.
(2) The department may require such
information, as it considers advisable, from a city or the county applying for
a grant of money under ORS 390.250 (3). The department may impose such
conditions on the agreements entered into under subsection (1) of this section
and on the use of moneys granted pursuant thereto as the department considers
necessary in carrying out the state policy declared in ORS 390.010. [1973 c.668
§2; 1989 c.904 §16]
390.260
Application of
(2) No land to which ORS 390.250 to
390.260 are applicable shall be acquired by the exercise of the power of
eminent domain. [1973 c.668 §3]
(
390.270
Definitions for ORS 390.270 to 390.290. As used in ORS 390.270 to 390.290:
(1) Ocean shore has the meaning given
that term in ORS 390.605.
(2) Rural fire protection district means
a district organized under or subject to ORS chapter 478. [1973 c.673 §1; 1985
c.395 §1; 1989 c.904 §17; 2001 c.104 §130]
390.275
Purpose of ORS 390.270 to 390.290. (1) 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.
(2) 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
390.270 to 390.290. [1973 c.673 §2; 1985 c.395 §2]
390.280
Duties of State Parks and Recreation Department; grants for lifesaving
services; minimum standards; rules. In addition to the other duties of the State Parks and Recreation
Department, the department shall:
(1) 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.
(2) Determine the eligibility of a city,
county or rural fire protection district for, and the amounts of, such matching
fund grants.
(3) Establish and adopt minimum standards
for lifesaving services at such places.
(4) Advise governing bodies how to acquire
and qualify for matching fund grants.
(5) Adopt rules to carry out ORS 390.270
to 390.290. [1973 c.673 §3; 1985 c.395 §3]
390.285
Application by local governing body for reimbursement; report of activities
required. (1) 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 expenses incurred for direct
program costs in providing such services. The request shall include:
(a) A detailed statement of the funds
expended for such services or capital acquisitions during the prior fiscal
year, and shall indicate the source of such funds; and
(b) Such other information as may be
required by the department.
(2) To be entitled to continue to receive
a grant for reimbursement as authorized by ORS 390.270 to 390.290, the city,
county or rural fire protection district with its request to the department
shall submit a report of the capital acquisitions made and the lifesaving
services provided during the previous year. [1973 c.673 §4; 1985 c.395 §4]
390.290
Schedule for reimbursement of local governing bodies. (1) 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.
(2) Within the limit of the funds
available therefor, there shall be paid to an applicant city, county or rural
fire protection district, on account of expenditures subject to reimbursement,
75 percent of any amount in excess of $5,000 so expended from the funds of the
applicant in the prior fiscal year.
(3) Upon approval of a request of a
governing body, the department shall enter into a matching fund relationship to
reimburse the funds used to pay expenses of providing such lifesaving services.
(4) When approved by the department,
claims by a city or county for reimbursement under subsections (2) and (3) of
this section shall be presented for payment and paid from the City and County
Subaccount of the State Parks and Recreation Department Fund in the manner
other claims against that account are paid; however, if in any fiscal year the
aggregate amount of the grants approved exceeds the funds available in that
subaccount for the purposes of ORS 390.270 to 390.290, the department shall
prorate the available funds among the grants approved.
(5) When approved by the department,
claims by a rural fire protection district under subsections (2) and (3) of
this section shall be presented for payment and paid from the Fire Protection
District Subaccount of the State Parks and Recreation Department Fund in the
manner other claims against that account are paid. However, if in any fiscal
year the aggregate amount of the grants approved exceeds the funds available in
that subaccount for the purposes of ORS 390.270 to 390.290, the department
shall prorate the available funds among the grants approved. [1973 c.673 §5;
1985 c.395 §5; 1989 c.904 §62]
(
390.295
Jurisdiction of State Forestry Department and State Parks and Recreation
Department. The State
Forestry Department shall retain primary responsibility for management of the
Note: 390.295 and 390.300 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
390 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
390.300
(2) Moneys in the Tillamook Forest
Recreation Trust Account subaccount are continuously appropriated to the State
Parks and Recreation Department for the purposes specified in the gift or
donation or, if no purpose is specified, for purposes consistent with the
recreation plan established under ORS 390.295 and this section. [1991 c.889 §5]
Note: See note under 390.295.
(Generally)
390.310
Definitions for ORS 390.310 to 390.368. As used in ORS 390.310 to 390.368, unless the context requires
otherwise:
(1) Channel includes any channel that
flows water at ordinary low water.
(2) Unit of local government means an
incorporated city, county or any other political subdivision of this state.
(3)
390.314
Legislative findings and policy. (1) 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 is in the public
interest to develop and maintain a natural, scenic, historical and recreational
greenway upon lands along the Willamette River to be known as the Willamette
River Greenway.
(2) In providing for the development and
maintenance of the Willamette River Greenway, the Legislative Assembly:
(a) Recognizing the need for coordinated
planning for such greenway, finds it necessary to provide for development and
implementation of a plan for such greenway through the cooperative efforts of
the state and units of local government.
(b) Recognizing the need of the people of
this state for existing residential, commercial and agricultural use of lands
along the Willamette River, finds it necessary to permit the continuation of
existing uses of lands that are included within such greenway; but, for the
benefit of the people of this state, also to limit the intensification and
change in the use of such lands so that such uses shall remain, to the greatest
possible degree, compatible with the preservation of the natural, scenic,
historical and recreational qualities of such lands.
(c) Recognizing that the use of lands for
farm use is compatible with the purposes of the Willamette River Greenway,
finds that the use of lands for farm use should be continued within the
greenway without restriction.
(d) Recognizing the need for central
coordination of such greenway for the best interests of all the people of this
state, finds it necessary to place the responsibility for the coordination of
the development and maintenance of such greenway in the State Parks and
Recreation Department.
(e) Recognizing the lack of need for the
acquisition of fee title to all lands along the Willamette River for exclusive
public use for recreational purposes in such greenway, finds it necessary to
limit the area within such greenway that may be acquired for state parks and
recreation areas and for public recreational use within the boundaries of units
of local government along the Willamette River. [1973 c.558 §1]
390.318
Preparation of development and management plan; content of plan. (1) 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
(2) The plan prepared pursuant to
subsection (1) of this section, shall depict, through the use of descriptions,
maps, charts and other explanatory materials:
(a) The boundaries of the Willamette River
Greenway.
(b) The boundaries of lands acquired or to
be acquired as state parks and recreation areas under ORS 390.338.
(c) The lands and interests in lands
acquired or to be acquired by units of local government under ORS 390.330 to
390.360.
(d) Lands within the Willamette River
Greenway for which the acquisition of a scenic easement, as provided in ORS
390.332, is sufficient for the purposes of such greenway.
(3) The plan shall include the location of
all known subsurface mineral aggregate deposits situated on lands within the
boundaries of the Willamette River Greenway. [1973 c.558 §3; 1989 c.904 §19]
390.320 [1967 c.551 §2; 1973 c.87 §1; repealed by
1973 c.558 §17]
390.322
Submission of plan to Land Conservation and Development Commission; revision,
approval and distribution of plan. (1) 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 with ORS 390.310 to
390.368, it shall approve the plan or segment. If the commission finds revision
of any part of the submitted plan or segment to be necessary, it may revise the
plan or segment itself or require such revision by the department and units of
local government.
(2) Upon approval of the plan for the Willamette
River Greenway or segment thereof, the commission shall cause copies of such
plan or segment to be filed with the recording officer for each county having
lands within the Willamette River Greenway situated within its boundaries. Such
plan or segment filed as required by this subsection shall be retained in the
office of the county recording officer open for public inspection during
reasonable business hours.
(3) If the plan for the Willamette River
Greenway is prepared and approved in segments, the total of all such approved
segments shall constitute the plan for the Willamette River Greenway for the
purposes of ORS 390.310 to 390.368. The department and units of local
government, with the approval of the commission, may revise the plan for the Willamette
River Greenway from time to time. [1973 c.558 §4]
390.330
Grants for acquisition of lands by local government units; acquisition of water
rights or use of condemnation powers limited. (1) 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 government in
preserving and restoring historical sites, structures, facilities and objects
on lands along the Willamette River as may be determined by the department to
be in accordance with the plan approved under ORS 390.322 and to further the
purposes of the Willamette River Greenway as set forth in ORS 390.314. Each
such agreement shall provide for the transfer by the department to the unit of
local government of any scenic or public easement acquired by the department
under ORS 390.310 to 390.368 with respect to lands acquired by the unit of
local government under this section. The grants of money that may be made by
the department for any property or property rights or for the initial
preservation and restoration of historical sites, structures, facilities and
objects shall not exceed 50 percent of the cost thereof. All remaining costs,
including future operation and maintenance, shall be borne by the unit or units
of local government in a manner satisfactory to the department. No grant of
money shall be made by the department for property acquired by any unit of
local government prior to June 30, 1967, or for costs incurred by any unit of
local government prior to October 5, 1973, in the preservation and restoration
of historical sites, structures, facilities and objects.
(2) Except as provided in subsection (3)
of this section, a unit of local government is not authorized, for the purposes
of this section, to acquire water rights or installations used in connection
with such water rights or to acquire any property or property rights by
condemnation.
(3) A city, in the acquisition of any
property or property rights within the boundaries of the Willamette River
Greenway with grants of money made under this section, may use any power of
condemnation otherwise provided by law for use by the city in such acquisition.
[1967 c.551 §3; 1973 c.87 §2; 1973 c.558 §10; 1989 c.904 §20]
(Land
Acquisition)
390.332
Acquisition of scenic easements near
(2) Each scenic easement acquired under
subsection (1) of this section shall:
(a) Be designed to preserve the vegetation
along the
(b) Require the owner of the lands subject
to such easement to carry on the use of such lands in a manner to preserve the
existing vegetation and natural and scenic qualities of such lands and require
the repair by the department, at its own expense, of any damage resulting from
natural causes to vegetation on such lands.
(c) Not provide for public access or use
of the lands subject to such easement, if such easement was acquired by the
department through the exercise of the power of eminent domain.
(d) Provide that any subsequent farm use,
as defined in ORS 215.203 (2), of the land subject to such easement is
compatible with the purposes of the Willamette River Greenway and that any
restrictions on the use of the land under such easement are suspended while
such land is devoted to such farm use.
(e) Prevent the change in use of the lands
subject to such easements except with the consent of the department and in
accordance with the conditions imposed with such consent. The consent of the
department and the conditions imposed therewith shall be in accordance with the
intent and purposes of the Willamette River Greenway.
(3) Each scenic easement acquired under
this section on lands that, on the date of the acquisition of such easement,
were a part of a larger tract of land not subject to a scenic easement under
ORS 390.310 to 390.368, shall provide for the right of the department to
acquire fee title to the lands subject to such easement upon a change in the
use of the lands in the remainder of such tract that is inconsistent with such
scenic easement under ORS 390.310 to 390.368.
(4) The department may not acquire,
through the exercise of the power of eminent domain, scenic easements under
subsection (1) of this section on any lands that on October 5, 1973, were
devoted to farm use, as defined in ORS 215.203 (2) or were a portion of a
larger tract of land under single ownership that is devoted to such use. Upon a
change in the use of any such lands from farm use, the department may acquire
scenic easements in such lands as provided in ORS 390.334. Nothing in this subsection
is intended to limit the power of the department to acquire, by any means other
than the exercise of the power of eminent domain, a scenic easement on lands
described in this subsection while such lands are devoted to such farm use. [1973
c.558 §5; 2003 c.14 §168]
390.334
Acquisition of scenic easements in lands subject to development plan; farmlands
not to be acquired by condemnation; nature of easement; acquisition of other
interests. (1) 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 acquired by any means, including but
not limited to the exercise of the power of eminent domain.
(2) The department shall not acquire,
through the exercise of the power of eminent domain, scenic easements in any lands
situated within the boundaries of the Willamette River Greenway that are
devoted to farm use on October 5, 1973, while such lands remain devoted to farm
use. Upon a change in the use of any such lands from farm use, the department
may acquire scenic easements in such lands as provided in subsection (1) of
this section. Nothing in this subsection is intended to limit the power of the
department to acquire, by any means other than the exercise of the power of
eminent domain, a scenic easement on lands described in this subsection while
such lands are devoted to such farm use. For the purpose of this subsection, farm
use has the meaning given that term in ORS 215.203 (2).
(3) Each scenic easement acquired under
subsection (1) of this section shall:
(a) Specify the use of the land existing
on the date of the acquisition of the easement and permit the continuation of
such use while the land is subject to such easement.
(b) With respect to scenic easements
acquired through the exercise of the power of eminent domain, not provide for
any rights of public access to or use of such lands under such easements.
(c) Provide that any subsequent farm use,
as defined in ORS 215.203 (2), of the land subject to such easement is
compatible with the purposes of the Willamette River Greenway and that any
restrictions on the use of the land under such easement are suspended while
such land is devoted to such farm use.
(d) Prevent the change in use of the lands
subject to such easements except with the consent of the department and in
accordance with the conditions imposed with such consent. The consent of the
department and the conditions imposed therewith shall be in accordance with the
intent and purposes of the Willamette River Greenway.
(4) In addition to a scenic easement
acquired by the department under this section, the department may acquire, by
any means other than the exercise of the power of eminent domain, a public
easement providing for public access and use of such lands.
(5) At any time after the approval of the
plan for the Willamette River Greenway or any segment thereof under ORS
390.322, the department may acquire, by any means other than the exercise of
the power of eminent domain, lands or interests therein that are situated
outside the boundaries of the Willamette River Greenway or the segment thereof
as approved. Each such acquisition shall be designed to preserve the natural or
scenic character of such lands in conjunction with the lands within the
boundaries of the Willamette River Greenway. [1973 c.558 §6]
390.338
Limitations on use of condemnation power; acquisition of certain farmlands;
disposition of acquired lands; compensation for acquired lands. (1) 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.
(2) If any land acquired by the department
under subsection (1) or (4) of this section is a part of a larger tract of land
devoted to farm use on the date of the acquisition of such portion of the tract
and such acquisition would render uneconomic an otherwise economic farming unit
on the whole tract of land, upon the request of the owner of such tract of
land, the department shall purchase the entire tract of land. The department
shall, whenever practicable, acquire the remainder of any such tract of land
with state funds so that the subsequent disposition of any such land will not
be subject to restrictions imposed under agreements made for the receipt of
nonstate funds otherwise available for the acquisition of such lands.
(3) The department may dispose of lands
acquired pursuant to subsection (2) of this section that are located outside
the boundaries of the Willamette River Greenway as it considers advisable.
However, the disposition of any such lands must comply with the laws of this
state and the applicable provisions of any agreement by which the department
acquired funds for the purchase of such lands.
(4) Notwithstanding ORS 390.121, the
department may only acquire, by any means other than the exercise of eminent
domain, for state parks and recreation areas, lands and interests in lands that
are situated within the boundaries of the Willamette River Greenway and that
are situated outside the boundaries of the parcels of land described in section
8a, chapter 558, Oregon Laws 1973.
(5) In the acquisition of any lands
pursuant to subsections (1), (2) and (4) of this section, the department shall
include in the compensation and damages, if any, paid for such lands:
(a) As a part of the compensation, in
valuing such lands as a whole, paid for any such lands acquired without
condemnation proceedings initiated as provided in ORS 35.235, the estimated
market value of economically extractable subsurface mineral aggregate deposits
of reasonably foreseeable demand known to exist in such lands or shown by the
owner to exist in such lands.
(b) As a part of the compensation and
damages, if any, in valuing such lands as a whole, for the appropriation of any
such lands, acquired by the department after the commencement of condemnation
proceedings under ORS 35.235 but not pursuant to an award in a condemnation
action initiated under ORS 35.245, the estimated market value of economically
extractable subsurface mineral aggregate deposits of reasonably foreseeable
demand agreed upon by the department and the owner of lands so acquired.
(c) As a part of the true value and
damages, in valuing such lands as a whole, for the appropriation of such lands
acquired by award in a condemnation action initiated under ORS 35.245, the
estimated market value of economically extractable subsurface mineral aggregate
deposits of reasonably foreseeable demand alleged in the answer of the
defendant made pursuant to ORS 35.295 and proved by the defendant as a matter
of defense to be a part of the true value of such lands so acquired.
(6) This section does not apply to the
acquisition of any lands or interests therein acquired for state parks or
recreation areas prior to October 5, 1973, and to any lands or interests in
land subject to a legally enforceable option held by the state on October 5,
1973, for the purposes of the acquisition of such lands or interests for state
parks and recreation areas. [1973 c.558 §8; 1989 c.904 §21
]
(Miscellaneous)
390.340
Department rules. 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. [1967 c.551
§4; 1973 c.558 §11]
390.350
Intergovernmental agreements; use of gifts and grants. 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. [1967 c.551 §5; 1973
c.558 §12]
390.360
Title to, and use and disposition of, lands acquired by local governmental
units. 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 different use is authorized by the
department. Title to the lands or interest therein so acquired shall be held by
the unit of local government acquiring the same. Such lands or interest therein
and such historical sites, structures, facilities and objects preserved and
restored shall never be disposed of or sold except upon the approval and consent
of the department. [1967 c.551 §6; 1973 c.87 §3; 1973 c.558 §13; 1989 c.904 §22]
390.364
Taxation of lands subject to scenic easements. 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 land owned by the state is so exempt. [1973 c.558 §7; 1981 c.804 §98; 1991
c.459 §393]
390.368
Authority to contract landscaping and repair of damage to lands subject to
scenic easement. 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 causes to vegetation on any land subject
to a scenic easement within the boundaries of the Willamette River Greenway in
accordance with the terms of the scenic easement acquired on such land. [1973
c.558 §9]
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]
ALL-TERRAIN
VEHICLES
390.550
Definitions. As used in this
chapter:
(1) Class I all-terrain vehicle has the
meaning given that term in ORS 801.190.
(2) Class II all-terrain vehicle has the
meaning given that term in ORS 801.193.
(3) Class III all-terrain vehicle has
the meaning given that term in ORS 801.194. [1999 c.977 §2]
390.555
All-Terrain Vehicle Account; sources. 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 operation of
Class I all-terrain vehicle safety education courses and examinations under ORS
390.570 and Class III all-terrain vehicle safety education courses and
examinations under ORS 390.575, the following moneys shall be transferred to
the account:
(1) Fees collected by the State Parks and
Recreation Department for issuance of operating permits for all-terrain
vehicles under ORS 390.580 and 390.590.
(2) Fees collected by the department from
participants in the Class I and Class III all-terrain vehicle safety education
courses under ORS 390.570 and 390.575.
(3) The moneys transferred from the
Department of Transportation under ORS 802.125 that represent unrefunded fuel
tax. [1999 c.977 §3; 2007 c.887 §10]
390.560
Uses of All-Terrain Vehicle Account. Moneys in the All-Terrain Vehicle Account established under ORS
390.555 shall be used for the following purposes only:
(1) 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 snowmobile facilities as
provided in ORS 802.110;
(2) Planning, promoting and implementing a
statewide all-terrain vehicle program, including the acquisition, development
and maintenance of all-terrain vehicle recreation areas;
(3) Education and safety training for
all-terrain vehicle operators;
(4) Provision of first aid and police
services in all-terrain vehicle recreation areas designated by the appropriate
authority;
(5) Paying the costs of instigating,
developing or promoting new programs for all-terrain vehicle users and of
advising people of possible usage areas for all-terrain vehicles;
(6) Paying the costs of coordinating
between all-terrain vehicle user groups and the managers of public lands;
(7) Paying the costs of providing
consultation and guidance to all-terrain vehicle user programs;
(8) Paying the costs of administration of
the all-terrain vehicle programs, including staff support provided under ORS
390.565 as requested by the All-Terrain Vehicle Account Allocation Committee;
and
(9) Paying the costs of law enforcement
activities related to the operation of Class I and Class III all-terrain
vehicles. The State Parks and Recreation Department shall determine the amount
required for law enforcement activities and the intervals at which the moneys
shall be distributed. The funds available shall be apportioned according to the
terms of an intergovernmental agreement entered into between the State Parks
and Recreation Department and a city, the Department of State Police or the
sheriff of a county. [1999 c.977 §4; 2005 c.22 §267; 2007 c.887 §9]
390.565
All-Terrain Vehicle Account Allocation Committee; appointment; term; duties. (1) The All-Terrain Vehicle Account
Allocation Committee is established. The committee shall consist of seven
voting members and four nonvoting members 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. Recommendations
under subsection (4)(a) of this section on allocation of moneys in the
All-Terrain Vehicle Account must receive an affirmative vote from at least four
of the voting members of the committee.
(2) Of the voting members of the
committee:
(a) Two shall be representatives of Class
I all-terrain vehicle user organizations.
(b) One shall be a representative of a
four wheel drive vehicle user organization.
(c) One shall be a representative of a
dune buggy user organization.
(d) One shall be an all-terrain vehicle
user.
(e) Two shall be representatives of Class
III all-terrain vehicle user groups.
(3) Of the nonvoting members of the
committee:
(a) One shall be a representative of the
State Parks and Recreation Department.
(b) One shall be a representative of the
United States Forest Service.
(c) One shall be a representative of the
Bureau of Land Management.
(d) One shall be a representative of a
snowmobile user organization.
(4) The committee shall:
(a) Advise the State Parks and Recreation
Department on the allocation of moneys in the All-Terrain Vehicle Account
established by ORS 390.555;
(b) Recommend, to managers of publicly and
privately owned lands, trails and areas that may not be used by any Class II
all-terrain vehicle that has not been issued an operating permit under ORS
390.580; and
(c) Advise the department on candidates for
appointment to the committee.
(5) The department shall provide staff
support for the committee and shall provide for expansion of programs for
all-terrain vehicle users. [1999 c.977 §5]
390.570
Class I all-terrain vehicle operator permits; issuance; safety education
courses; rules; fee. (1) 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:
(a) 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
(b) Is at least 16 years of age, has five
or more years of experience operating a Class I all-terrain vehicle and passes
an equivalency examination.
(2) The department shall adopt rules to
provide for Class I all-terrain vehicle safety education courses, equivalency
examinations and the issuance of Class I all-terrain vehicle operator permits
consistent with this section. The rules adopted by the department shall be
consistent with the following:
(a) The courses must be given by
instructors designated by the department as qualified to conduct the courses
and issue the permits.
(b) The instructors may be provided and
permits issued through public or private local and state organizations meeting
qualifications established by the department.
(c) The department may collect a fee of
not more than $5 from each participant in a course established under this
section. [1999 c.977 §6; 2007 c.887 §11]
390.575
Class III all-terrain vehicle operator permits; issuance; safety education
courses; rules; fee. (1) 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:
(a) 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
(b) Is at least 16 years of age, has five
or more years of experience operating a Class III all-terrain vehicle and
passes an equivalency examination.
(2) The department shall adopt rules to
provide for Class III all-terrain vehicle safety education courses, equivalency
examinations and the issuance of Class III all-terrain vehicle operator permits
consistent with this section. The rules adopted by the department shall be
consistent with the following:
(a) The courses must be given by
instructors designated by the department as qualified to conduct the courses
and issue the permits.
(b) The instructors may be provided and
permits issued through public or private local and state organizations meeting
qualifications established by the department.
(c) The department may collect a fee of
not more than $5 from each participant in a course established under this
section. [1999 c.977 §7; 2007 c.887 §12]
390.580
All-terrain vehicle operating permit; rules; application; fees; renewal. (1)(a) 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.
(b) An all-terrain vehicle decal issued
under this section must be permanently affixed to the vehicle and displayed in
a clearly visible manner. The State Parks and Recreation Department shall
prescribe by rule the manner in which the decal shall be displayed.
(2) The department shall issue an
all-terrain vehicle off-road operating permit to any person who completes the
application described in subsection (4) of this section and pays the fee
specified in subsection (5) of this section.
(3) The department shall specify by rule
the form of the permit and the information to be contained on the permit.
(4) Application for an all-terrain vehicle
off-road operating permit for a Class I, Class II or Class III all-terrain
vehicle shall be in a form furnished by the department. The application shall
include:
(a) The name and address of the owner of
the all-terrain vehicle; and
(b) The make and body style of the
all-terrain vehicle for which application is made.
(5) The department shall establish by rule
a fee for a permit issued or renewed under this section. The fee shall be
designed to cover the costs to the department for issuing or renewing permits
under this section but shall not exceed $10.
(6) Permits issued under this section are
valid for two years. A permit may be renewed upon submission of an application
that contains the information specified in subsection (4) of this section and
payment of the renewal fee specified in subsection (5) of this section.
(7) The department may appoint agents to
issue permits for all-terrain vehicles. The department shall prescribe the
procedure for the issuance of the permits. Agents appointed under this
subsection shall issue permits in accordance with the prescribed procedure and
shall charge and collect the fees prescribed in this section for the permits. [1999
c.977 §8]
390.585
Rules. (1) The State Parks
and Recreation Department may adopt rules necessary for carrying out the duties
imposed by ORS 390.550 to 390.590.
(2) The department shall adopt rules
establishing rider fit guidelines to ensure that an all-terrain vehicle
properly fits the operator of the vehicle. [1999 c.977 §9; 2007 c.887 §8]
390.590
Out-of-state all-terrain vehicle permit; qualifications; duration; application;
fee. (1) 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.
(2) The State Parks and Recreation
Department shall establish a program for the issuance of out-of-state
all-terrain vehicle permits under this section. The program established by the
department shall comply with all of the following:
(a) A permit may only be issued for
all-terrain vehicles owned by the resident of another state where registration
is not required by law.
(b) A permit is valid for not more than
two years.
(c) Application for a permit shall state
the name and address of each owner.
(d) The fee for issuance of a permit shall
be $10. [1999 c.977 §10]
(General
Provisions)
390.605
Definitions. As used in ORS
390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770, unless the context
requires otherwise:
(1) 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.
(2) Ocean shore means the land lying
between extreme low tide of the Pacific Ocean and the statutory vegetation line
as described by ORS 390.770 or the line of established upland shore vegetation,
whichever is farther inland. Ocean shore does not include an estuary as
defined in ORS 196.800.
(3) State recreation area means a land
or water area, or combination thereof, under the jurisdiction of the State
Parks and Recreation Department used by the public for recreational purposes. [Formerly
274.065 and then 390.710; 1989 c.904 §23; 1999 c.373 §2]
390.610
Policy. (1) 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.
(2) The Legislative Assembly recognizes
that over the years the public has made frequent and uninterrupted use of the
ocean shore and recognizes, further, that where such use has been legally
sufficient to create rights or easements in the public through dedication,
prescription, grant or otherwise, that it is in the public interest to protect
and preserve such public rights or easements as a permanent part of Oregons
recreational resources.
(3) Accordingly, the Legislative Assembly
hereby declares that all public rights or easements legally acquired in those
lands described in subsection (2) of this section are confirmed and declared
vested exclusively in the State of
(4) The Legislative Assembly further
declares that it is in the public interest to do whatever is necessary to
preserve and protect scenic and recreational use of
390.615
Ownership of Pacific shore; declaration as state recreation area. 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 recreation area. No portion of such ocean shore shall be alienated by
any of the agencies of the state except as provided by law. [Formerly 274.070
and then 390.720]
390.620
Pacific shore not to be alienated; judicial confirmation. (1) 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 proceedings, when necessary, to protect, settle and confirm
all such public rights and easements in the State of
(2) No portion of the ocean shore declared
a state recreation area by ORS 390.610 shall be alienated by any of the
agencies of the state except as provided by law.
(3) In carrying out its duties under
subsection (1) of this section with respect to lands and interests in land
within the ocean shore, the State Land Board shall act with respect to the
portion of the tidal submerged lands, as defined in ORS 274.705 (7), and the
submersible lands, as defined in ORS 274.005 (8), that are situated within the
ocean shore as it does with respect to other state-owned submerged and
submersible lands within navigable waters of this state.
(4) In carrying out its duties under
subsection (1) of this section with respect to lands and interests in land
within the ocean shore, the State Parks and Recreation Department shall act
with respect to such lands and interests as it does with respect to other lands
and interests within state recreation areas. [1967 c.601 §§2(4),3; 1969 c.601 §5;
1973 c.364 §1]
390.630
Acquisition along ocean shore for state recreation areas or access. 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
interests in lands abutting, adjacent or contiguous to the ocean shore for such
recreation areas or access where such lands are held in private ownership, the
department shall consider the following:
(1) The availability of other public lands
in the vicinity for such recreational use or access.
(2) The land uses, improvements, and
density of development in the vicinity.
(3) Existing public recreation areas and
accesses in the vicinity.
(4) Any local zoning or use restrictions
affecting the area in question. [1967 c.601 §4; 1969 c.601 §6; 1989 c.904 §24]
390.632
Public access to coastal shorelands. (1) 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.
(2) The State Parks and Recreation
Department may:
(a) Ensure that beach access sites are
posted for public use;
(b) Maintain parking and trash disposal
facilities at beach access sites; and
(c) Maintain beach access sites in a safe
and litter-free manner. [1999 c.872 §2]
(Regulating
Use of
390.635
Jurisdiction of department over recreation areas. 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. [1969 c.601 §21; 1973 c.364 §2]
390.640
Permit required for improvements on ocean shore; exceptions. (1) 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 is necessary to control and regulate improvements on the ocean
shore. Unless a permit therefor is granted as provided by ORS 390.650, no
person shall make an improvement on any property that is within the ocean
shore.
(2) This section does not apply to permits
granted pursuant to ORS 390.715, or to rules adopted or permits granted under
ORS 390.725.
(3) This section does not apply to
continuous extensions of densely vegetated land areas that were, as of August
22, 1969, both seaward of the line established by ORS 390.770 and above the
16-foot contour. The elevation mentioned in this subsection refers to the
(4) This section does not apply to the
removal, filling or alteration of material on the ocean shore where those
activities are regulated under a state-assumed permit program as provided in 33
U.S.C. 1344(g) of the Federal Water Pollution Control Act, as amended. [1967
c.601 §5; 1969 c.601 §7; 1973 c.642 §14; 1999 c.373 §3]
390.650
Improvement permit procedure; fee; waiver or reduction. (1) 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.
(2) Upon receipt of a properly completed
application, the State Parks and Recreation Department shall provide notice of
the proposal by causing notice of the application to be posted at or near the
location of the proposed improvement. The notice shall include the name of the
applicant, a description of the proposed improvement and its location and a
statement of the time within which interested persons may file a request with
the department for a hearing on the application. The department shall give
notice of any application, hearing or decision to any person who files a
written request with the department for such notice.
(3) Within 30 days after the date of
posting the notice required in subsection (2) of this section, the applicant or
10 or more other interested persons may file a written request with the State
Parks and Recreation Department for a hearing on the application. If such a
request is filed, the department shall set a time for a hearing to be held by
the department. The department shall cause notice of the hearing to be posted
in the manner provided in subsection (2) of this section. The notice shall
include the time and place of the hearing. After the hearing on an application
or, if a hearing is not requested, after the time for requesting a hearing has
expired, the department shall grant the permit if approval would not be adverse
to the public interest. ORS chapter 183 does not apply to a hearing or decision
under this section.
(4) In acting on an application, the State
Parks and Recreation Department shall take into consideration the matters
described by ORS 390.655. The department shall act on an application within 60
days after the date of receipt or, if a hearing is held, within 45 days after
the date of the hearing.
(a) The decision of the department shall
include written findings setting forth the specific reasons for the approval or
denial and, if the application is approved, any conditions the department considers
necessary to maintain the standards established under ORS 390.655.
(b) A copy of the written findings shall
be furnished to the applicant at the time of approval or denial of the
application by the department as provided in this subsection.
(5) Subsections (2) and (3) of this
section do not apply to an application for a permit for the repair, replacement
or restoration, in the same location, of an authorized improvement or
improvement existing on or before May 1, 1967, if the repair, replacement or restoration
is commenced within three years after the damage to or destruction of the
improvement being repaired, replaced or restored occurs.
(6) The State Parks and Recreation
Department may, upon application therefor, either written or oral, grant an emergency
permit for a new improvement, dike, revetment, or for the repair, replacement
or restoration of an existing, or authorized improvement where property or
property boundaries are in imminent peril of being destroyed or damaged by
action of the Pacific Ocean or the waters of any bay or river of this state.
Said permit may be granted by the department without regard to the provisions
of subsections (1), (2), (3), (4) and (5) of this section. Any emergency permit
granted hereunder shall be reduced to writing by the department within 10 days
after granting the same with a copy thereof furnished to the applicant.
(7) Except as provided by subsection (8)
of this section, each application under subsection (1) of this section shall be
accompanied by a fee to cover, in part, the expenses of the department in
investigating, reviewing and issuing the improvement permits. The application
fee for each permit shall be:
(a) $400 for any project for which the
construction value is less than $2,500.
(b) $400 for any project for which the
construction value is equal to or greater than $2,500, plus an additional
amount equal to three percent of the construction value over $2,500.
(8) The department may waive or reduce the
fee required by subsection (7) of this section for an application submitted by
a public body, as that term is defined by ORS 174.109, or tribal government if
the primary purpose of the improvement is:
(a) Restoring, conserving or protecting
the natural, resource, scenic, recreational, cultural or economic values of the
ocean shore;
(b) Restoring native beach or dune habitat
contributing to the recovery of sensitive species, including state and
federally listed threatened or endangered species; or
(c) Improving native biological values of
the ocean shore.
(9) Fees received under this section shall
be deposited into a subaccount of the State Parks and Recreation Department
Fund. Such fees are continuously appropriated to the department for the purpose
of carrying out the ocean shore program.
(10) As used in this section, construction
value includes but is not limited to the costs of labor and equipment rental.
For a project involving only the movement of sand or similar material on the
ocean shore, construction value shall equal the costs of labor, fees and
equipment rental. [1967 c.601 §6; 1969 c.601 §10; 1979 c.186 §21; 1999 c.373 §4;
2003 c.25 §1]
390.655
Standards for improvement permits. 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:
(1) The public need for healthful, safe,
aesthetic surroundings and conditions; the natural scenic, recreational and
other resources of the area; and the present and prospective need for
conservation and development of those resources.
(2) The physical characteristics or the
changes in the physical characteristics of the area and suitability of the area
for particular uses and improvements.
(3) The land uses, including public
recreational use if any, and the improvements in the area, the trends in land uses
and improvements, the density of development and the property values in the
area.
(4) The need for recreation and other
facilities and enterprises in the future development of the area and the need
for access to particular sites in the area. [1969 c.601 §11; 1979 c.186 §22]
390.658 [1969 c.601 §12; 1979 c.186 §23; repealed by
1999 c.373 §5 (390.659 enacted in lieu of 390.658)]
390.659
Hearing before director regarding department action on improvement permit;
appeal of directors order; suspension of permit during appeal. (1) Any applicant whose application for a
permit under ORS 390.650 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 Director.
(2) Upon receipt of a request for hearing
from the applicant or if the director finds that the person other than the
applicant making the request has a legally protected interest that is adversely
affected by the grant of the permit, the director shall set the matter down for
hearing within 30 days after receipt of the request. The hearing shall be
conducted as a contested case in accordance with ORS 183.415 to 183.430,
183.440 to 183.460 and 183.470. The applicant shall be a party to any contested
case hearing requested by a person other than the applicant.
(3) Within 45 days after the hearing the
director shall enter an order containing findings of fact and conclusions of
law. The order shall rescind, affirm or modify the directors original order.
Appeals from the directors final order may be taken to the Court of Appeals in
the manner provided by ORS 183.482.
(4) A permit granted by the director may
be suspended by the director during the pendency of the proceedings before the
director and any appeal. The director shall not suspend the permit unless the
person aggrieved or adversely affected by grant of permit makes a showing
before the director by clear and convincing evidence that commencement or
continuation of the improvement would cause irremediable damage and would be
inconsistent with ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to
390.770. [1999 c.373 §6 (enacted in lieu of 390.658)]
390.660
Regulation of use of lands adjoining ocean shores; rules. 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 public use, whether such public right or easement to use is
obtained by dedication, prescription, grant, state-ownership, permission of a
private owner or otherwise. [1967 c.601 §7; 1969 c.601 §16]
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. [1999 c.373 §12]
390.663
Investigation of violation within ocean shore; cease and desist order; enforcement
of order by state and local police. (1) 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 in a manner contrary to the conditions set out in
the permit, the director may:
(a) Investigate, hold hearings, make
orders and take action, as provided in ORS 390.620 to 390.676, as soon as
possible.
(b) For the purpose of investigating
conditions relating to such improvements, through the employees or the duly
authorized representatives of the State Parks and Recreation Department, enter
at reasonable times upon any private or public property.
(c) Conduct public hearings in accordance
with ORS chapter 183.
(d) Publish findings and recommendations
as they are developed relative to public policies and procedures necessary for
the correction of conditions or violations of ORS 390.620 to 390.676.
(e) Give notice of any proposed order
relating to a violation by personal service or by mailing the notice by
registered or certified mail to the person or governmental body affected. Any
person aggrieved by a proposed order of the director may request a hearing
within 20 days of the date of personal service or mailing of the notice.
Hearings shall be conducted under the provisions of ORS chapter 183 applicable
to contested cases, and judicial review of final orders shall be conducted in
the Court of Appeals according to ORS 183.482. If no hearing is requested or if
the party fails to appear, a final order shall be issued upon a prima facie
case on the record of the department.
(f) Take appropriate action for the
enforcement of any rules or final orders. Any violation of ORS 390.620 to
390.676 or of any rule or final order of the director under ORS 390.620 to
390.676 may be enjoined in civil abatement proceedings brought in the name of
the State of
(2) In addition to the administrative
action the director may take under subsection (1) of this section, the director
may enter an order requiring any person to cease and desist from any violation
if the director determines that such violation presents an imminent and
substantial risk of injury, loss or damage to the ocean shore.
(3) An order under subsection (2) of this
section:
(a) May be entered without prior notice or
hearing.
(b) Shall be served upon the person by
personal service or by registered or certified mail.
(c) Shall state that a hearing will be
held on the order if a written request for hearing is filed by the person
subject to the order within 10 days after receipt of the order.
(d) Shall not be stayed during the
pendency of a hearing conducted under subsection (4) of this section.
(4) If a person subject to an order under
subsection (2) of this section files a timely demand for hearing, the director
shall hold a contested case hearing according to the applicable provisions of
ORS chapter 183. If the person fails to request a hearing, the order shall be
entered as a final order upon prima facie case made on the record of the
department.
(5) Neither the director nor any duly
authorized representative of the department shall be liable for any damages a
person may sustain as a result of a cease and desist order issued under
subsection (2) of this section.
(6) The state and local police shall
cooperate in the enforcement of any order issued under subsection (2) of this
section and shall require no further authority or warrant in executing or
enforcing such order. If any person fails to comply with an order issued under
subsection (2) of this section, the circuit court of the county in which the
violation occurred or is threatened shall compel compliance with the directors
order in the same manner as with an order of that court.
(7) As used in this section, violation
means making an improvement on property within the ocean shore without a permit
or in a manner contrary to the conditions set out in a permit issued under ORS
390.650. [1999 c.373 §13]
390.665 [Formerly 274.100 and then 390.740; repealed
by 1971 c.743 §432]
390.666
Revocation, suspension or nonrenewal of improvement permit. If the State Parks and Recreation Director
finds that a person or governmental body holding a permit issued under ORS
390.650 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 giving
notice and opportunity for a hearing as provided in ORS 183.415 to 183.430,
183.440 to 183.460 and 183.470. [1999 c.373 §14]
390.668 [Formerly 274.090 and then 390.730;
renumbered 390.678 in 1999]
390.669
Action by state or any person to abate public nuisance; temporary restraining
order or preliminary injunction; compensation to public. (1) 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
(2) Before beginning any action under
subsection (1) of this section, a person other than the director shall provide
to the director 60 days notice of the intended action. A person other than the
director may not begin an action under subsection (1) of this section if the
director has commenced and is diligently prosecuting civil, criminal or
administrative proceedings in the same matter.
(3) The director may institute an action
in the name of the State of
(4) The State Parks and Recreation
Commission, the State Parks and Recreation Director and the employees or duly
authorized representatives of the State Parks and Recreation Department shall
not be liable for any damages a defendant may sustain as a result of an
injunction, restraining order or abatement order issued under this section.
(5) A case filed under this section shall
be given preference on the docket over all other civil cases except those given
an equal preference by statute.
(6) In any action brought under this
section, the plaintiff may seek and the court may award a sum of money
sufficient to compensate the public for any destruction or infringement of any
public right of navigation, fishery or recreation resulting from an existing
public nuisance under ORS 390.661. Any money received by the plaintiff under
this subsection shall be deposited in an account of the State Parks and Recreation
Department for use by the department in administering the ocean shore program. [1999
c.373 §15]
390.670 [1967 c.601 §8; 1969 c.601 §13; repealed by
1971 c.780 §7]
390.672
Damages for destruction or infringement of public right of navigation, fishery
or recreation; treble damages.
(1) 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 resulting from such
violation.
(2) If any person or governmental body
intentionally violates ORS 390.640, the director, in a proceeding brought
pursuant to ORS 390.669, may seek and the court may award treble a sum of money
sufficient to compensate the public for any destruction or infringement of any
public right of navigation, fishery or recreation resulting from such
violation.
(3) An award made pursuant to this section
shall be in addition to and not in lieu of any criminal penalties imposed for a
violation of ORS 390.640.
(4) In any action brought under ORS
390.669, the court shall award to the prevailing party the costs of suit and
reasonable attorney fees at trial and on appeal. Subject to the provisions of
ORS 20.140, any costs and attorney fees so awarded to the director shall be
deposited in an account of the State Parks and Recreation Department to offset the
directors expenses of bringing such action. [1999 c.373 §16]
390.674
Imposition of civil penalties.
(1) Civil penalties under ORS 390.992 shall be imposed as provided in ORS
183.745.
(2) 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 under ORS 390.995 (1).
(3) Any civil penalty recovered under this
section shall be deposited into an account of the State Parks and Recreation
Department for use by the department in administration of the ocean shore
program. [1999 c.373 §10]
390.676
Schedule of civil penalties; factors to determine amount; rules. (1) 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.
(2) In imposing a penalty under the
schedule adopted under subsection (1) of this section, the director shall
consider the following factors:
(a) The past history of the person
incurring a penalty in taking all feasible steps or procedures necessary or
appropriate to correct any violation.
(b) Any prior violations of statutes, rules,
orders and permits pertaining to waters of this state.
(c) The impact of the violation on public
interests in navigation, fishery and recreation.
(d) Any other factors determined by the
director to be relevant and consistent with the policy of ORS 390.610.
(3) The penalty imposed under this section
may be remitted or mitigated upon such terms and conditions as the director
determines to be proper and consistent with the policy of ORS 390.610. Upon the
request of the person incurring the penalty, the director shall consider
evidence of the economic and financial condition of the person in determining
whether a penalty shall be remitted or mitigated. [1999 c.373 §11]
390.678
Motor vehicle and aircraft use regulated in certain zones; zone markers; proceedings
to establish zones. (1) 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 department.
(2) Proceedings to establish a zone:
(a) May be initiated by the department on
its own motion; or
(b) Shall be initiated upon the request of
20 or more landowners or residents or upon request of the governing body of a
county or city contiguous to the proposed zone.
(3) A zone shall not be established unless
the department first holds a public hearing in the vicinity of the proposed
zone. The department shall cause notice of the hearing to be given by
publication, not less than seven days prior to the hearing, by at least one
insertion in a newspaper of general circulation in the vicinity of the zone.
(4) Before establishing a zone, the
department shall seek the approval of the local government whose lands are
adjacent or contiguous to the proposed zone. [Formerly 390.668]
390.680 [1967 c.601 §9; 1969 c.601 §17; repealed by
1973 c.732 §5]
390.685
Effect of ORS 390.605, 390.615, 390.678 and 390.685. Nothing in ORS 390.605, 390.615, 390.678 and
390.685 is intended to repeal ORS 836.510 to 836.525. [Formerly 274.110 and
then 390.750]
390.690
Title and rights of state unimpaired. 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
(Special
Permits)
390.705
Prohibition against placing certain conduits across recreation area and against
removal of natural products.
No person shall:
(1) 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.
(2) Remove any natural product from the
ocean shore, other than fish or wildlife, agates or souvenirs, except as
provided by ORS 390.725. [1969 c.601 §20]
390.710 [Formerly 274.065; 1969 c.601 §2; renumbered
390.605]
390.715
Permits for pipe, cable or conduit across ocean shore, state recreation areas
and submerged lands. (1) 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 tide and overflow lands
within the scope of ORS 274.040.
(2) Whenever the issuance of a permit
under subsection (1) of this section will affect lands owned privately, the
State Parks and Recreation Department shall withhold the issuance of the permit
until the permittee obtains from the private owner an easement, license or
other written authorization that meets the approval of the State Parks and
Recreation Department, except as to the compensation to be paid to the private
owner.
(3) All permits issued under this section
are subject to conditions that will ensure safety of the public and the
preservation of economic, scenic and recreational values and to rules
promulgated by state agencies having jurisdiction over the activities of the
grantee or permittee. [1969 c.601 §22; 2005 c.300 §1; 2007 c.71 §101]
390.720 [Formerly 274.070; renumbered 390.615]
390.725
Permits for removal of products along ocean shore; rules. (1) 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.
(2) The collection of natural products for
the purpose of trade, sale or resale shall be subject to the permit provisions
and standards of ORS 390.650 and 390.655. Permits shall provide for the payment
of just compensation by the permittee as provided by rule adopted under
subsection (4) of this section.
(3) No archaeological object associated
with an archaeological site, as those terms are defined in ORS 358.905, shall
be removed from the ocean shore except as provided in ORS 358.920 and 390.235.
(4) Rules or permits shall be made or
granted by the State Parks and Recreation Department only after consultation
with the State Fish and Wildlife Commission, the State Department of Geology
and Mineral Industries and the Department of State Lands. Rules and permits
shall contain provisions necessary to protect the areas from any use, activity
or practice inimicable to the conservation of natural resources or public
recreation.
(5) The terms, royalty and duration of a
permit under this section are at the discretion of the State Parks and
Recreation Department. A permit is revocable at any time in the discretion of
the department without liability to the permittee.
(6) Whenever the issuance of a permit
under this section will affect lands owned privately, the State Parks and
Recreation Department shall withhold the issuance of such permit until such
time as the permittee shall have obtained an easement, license or other written
authorization from the private owner, which easement, license or other written
authority must meet the approval of the department, except as to the
compensation to be paid to the private owner. [1969 c.601 §23; 1999 c.373 §7]
390.729
Permits for operation of all-terrain vehicles on ocean shore. (1) 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.
(2) 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, if the vehicle
has a current operating permit issued under ORS 390.580 and if the vehicle will
be used to meet the transportation needs of:
(a) Individuals with disabilities;
(b) Emergency response or emergency aid
workers; or
(c) Biologists, wildlife monitors or other
natural resources workers.
(3) Application for a permit issued under
this section shall be in a form determined by the department. The department
shall specify the information to be contained in the application, the renewal
period and the manner in which the permit must be displayed.
(4) The department may not charge for a
permit issued under this section. [2005 c.300 §3]
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]
(Vegetation
Line)
390.755
Periodic reexamination of vegetation line; department recommendations for
adjustment. (1) 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 preserved.
(2) The State Parks and Recreation
Department may, from time to time, recommend to the Legislative Assembly
adjustment of the line described in ORS 390.770. [1969 c.601 §27; 1979 c.186 §24]
390.760
Exceptions from vegetation line. 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
Point Designation Point
Designation
and Number and
Number
From To From To
Cl-7-6 Cl-7-7 Cl-7-55 Cl-7-56
Cl-7-10 Cl-7-11 Cl-7-76 Cl-7-77
Cl-7-13 Cl-7-14 Cl-7-115 Cl-7-116
Cl-7-52 Cl-7-53 Cl-7-134 Cl-7-135
Ti-7-3 Ti-7-4 La-7-72 La-7-73
Ti-7-6 Ti-7-7 La-7-87 La-7-88
Ti-7-18 Ti-7-19 Do-8-78 Do-8-79
Ti-7-33 Ti-7-34 Co-7-82 Co-7-83
Ti-7-83 Ti-7-84 Co-7-111 Co-7-112
Ti-7-88 Ti-7-89 Co-7-146 Co-7-147
Ti-7-94 Ti-7-95 Co-7-178 Co-7-179
Ti-7-99 Ti-7-100 Co-7-200 Co-7-201
Ti-7-113 Ti-7-114 Co-7-229 Co-7-230
Ti-7-168 Ti-7-169 Cu-7-25 Cu-7-26
Ti-7-183 Ti-7-184 Cu-7-54 Cu-7-55
Ti-7-249 Ti-7-250 Cu-7-155 Cu-7-156
Li-7-2A Li-7-3 Cu-7-167 Cu-7-167A
Li-7-10 Li-7-11 Cu-7-167E Cu-7-168
Li-7-17 Li-7-18 Cu-7-174 Cu-7-175
Li-7-73 Li-7-74 Cu-7-196 Cu-7-197
Li-7-118 Li-7-119 Cu-7-201 Cu-7-202
Li-7-150 Li-7-151 Cu-7-219 Cu-7-220
Li-7-154 Li-7-155 Cu-7-225 Cu-7-226
Li-7-161 Li-7-162 Cu-7-236 Cu-7-237
Li-7-165 Li-7-166 Cu-7-258 Cu-7-259
Li-7-167A Li-7-168 Cu-7-268 Cu-7-269
Li-7-170 Li-7-171 Cu-7-288 Cu-7-289
Li-7-176 Li-7-177 Cu-7-310 Cu-7-311
Li-7-182 Li-7-183 Cu-7-314 Cu-7-315
Li-7-215 Li-7-216 Cu-7-363 Cu-7-364
Li-7-269 Li-7-270 Cu-7-382 Cu-7-383
Li-7-293 Li-7-294 Cu-7-393 Cu-7-394
Li-7-296 Li-7-297 Cu-7-400 Cu-7-401
Li-7-314 Li-7-315 Cu-7-440 Cu-7-441
Li-7-325 Li-7-326 Cu-7-451 Cu-7-452
Li-7-357 Li-7-358 Cu-7-459 Cu-7-460
Li-7-377 Li-7-378 Cu-7-493 Cu-7-494
Li-7-439 La-7-1 Cu-7-513 Cu-7-514
La-7-9 La-7-10 Cu-7-516 Cu-7-517
La-7-19 La-7-20 Cu-7-538 Cu-7-539
La-7-44 La-7-45 Cu-7-557 Cu-7-558
[1969 c.601 §9]
390.770
Vegetation line described.
Except for the areas described by ORS 390.760, ORS 390.640 applies to all the
land located along the Pacific Ocean between the
Beginning near the south jetty of the
Columbia River in section 35 of township 9 north, range 11 west of the
Willamette Meridian in Clatsop County, Oregon, at a point on the Oregon
Coordinate System, north zone, located at y-coordinate 951,840 and x-coordinate
1,112,374, hereby designated point number Cl-7-1; thence from point number
Cl-7-1 southerly along the Pacific Coast by a series of straight lines
connecting the following designated, numbered and described points in
consecutive order to the Oregon-California boundary line near the section line
between section 26 of township 41 south, range 13 west of the Willamette
Meridian in Curry County, Oregon, and section 32 of township 19 north, range 1
west of the Humboldt Meridian in Del Norte County, California, at a point on
the Oregon Coordinate System, south zone, located at y-coordinate 143,339 and
x-coordinate 991,832, hereby designated point number Cu-7-634.
Point north
zone
Number y-coordinate x-coordinate
Cl-7-1 951,840 1,112,374
Cl-7-2 951,448 1,112,500
Cl-7-3 951,011 1,112,297
Cl-7-4 950,883 1,112,300
Cl-7-5 950,172 1,112,573
Cl-7-6 947,537 1,113,734
Description
of Location of Point Number Cl-7-6: A point near the north boundary of
Cl-7-7 938,451 1,117,616
Description
of Location of Point Number Cl-7-7: A point near the south boundary of
Cl-7-8 938,232 1,117,707
Cl-7-9 936,446 1,118,379
Cl-7-10 934,923 1,118,944
Description
of Location of Point Number Cl-7-10: A point near the north boundary of
Cl-7-11 934,462 1,119,114
Description
of Location of Point Number Cl-7-11: A point near the south boundary of
Cl-7-12 928,335 1,121,309
Cl-7-13 924,266 1,122,688
Description
of Location of Point Number Cl-7-13: A point near the north boundary of
Cl-7-14 907,691 1,127,287
Description
of Location of Point Number Cl-7-14: A point near the south boundary of
Cl-7-14A 907,381 1,127,433
Cl-7-14B 907,016 1,127,370
Cl-7-14C 906,835 1,127,526
Cl-7-15 905,439 1,127,761
Cl-7-16 904,776 1,127,962
Cl-7-17 903,245 1,128,184
Cl-7-18 902,731 1,128,287
Cl-7-19 901,368 1,128,474
Cl-7-20 898,590 1,128,920
Cl-7-21 896,168 1,129,206
Cl-7-22 890,480 1,129,617
Cl-7-23 887,910 1,129,729
Cl-7-24 886,521 1,129,795
Cl-7-25 884,198 1,129,862
Cl-7-26 881,377 1,129,860
Cl-7-26A 880,815 1,129,949
Cl-7-27 880,455 1,129,849
Cl-7-28 875,597 1,129,783
Cl-7-29 875,155 1,129,814
Cl-7-30 874,962 1,129,941
Cl-7-31 874,833 1,130,075
Cl-7-32 874,742 1,130,275
Cl-7-33 871,379 1,129,723
Cl-7-34 870,596 1,129,609
Cl-7-35 869,710 1,129,493
Cl-7-36 869,355 1,129,382
Cl-7-37 868,555 1,129,147
Cl-7-38 866,858 1,128,737
Cl-7-38A 866,773 1,128,608
Cl-7-39 866,671 1,128,687
Cl-7-39A 865,842 1,128,515
Cl-7-39B 865,648 1,128,349
Cl-7-40 864,302 1,128,029
Cl-7-41 861,388 1,127,089
Cl-7-42 860,891 1,126,818
Cl-7-43 860,700 1,126,612
Cl-7-44 860,343 1,125,571
Cl-7-45 860,321 1,125,395
Cl-7-46 860,345 1,125,062
Cl-7-47 860,402 1,124,721
Cl-7-48 860,470 1,123,656
Cl-7-49 860,541 1,122,956
Cl-7-50 860,092 1,121,701
Cl-7-51 859,879 1,120,816
Cl-7-52 859,663 1,120,509
Description
of Location of Point Number Cl-7-52: A point about one mile southwest of the City of Seaside near the north
boundary of Ecola State Park near the section line between sections 29 and 30
of township 6 north, range 10 west of the Willamette Meridian in Clatsop
County.
Cl-7-53 837,531 1,117,635
Description
of Location of Point Number Cl-7-53: A point on the south side of Tillamook Head near the south boundary of
Cl-7-54 836,827 1,117,747
Cl-7-55 836,688 1,117,698
Description
of Location of Point Number Cl-7-55: A point near the north end of the headlands at Chapman Point located
in section 19 of township 5 north, range 10 west of the Willamette Meridian in
Cl-7-56 836,403 1,118,094
Description
of Location of Point Number Cl-7-56: A point near the southerly end of the headlands at Chapman Point
located in section 19 of township 5 north, range 10 west of the Willamette
Meridian in
Cl-7-57 836,120 1,118,264
Cl-7-58 835,661 1,118,331
Cl-7-59 834,401 1,118,606
Cl-7-60 834,031 1,118,861
Cl-7-61 833,909 1,119,099
Cl-7-61A 834,060 1,119,301
Cl-7-61B 833,170 1,119,289
Cl-7-61C 832,879 1,119,119
Cl-7-62 832,264 1,118,827
Cl-7-63 832,218 1,118,765
Cl-7-64 832,149 1,118,742
Cl-7-65 829,701 1,118,589
Cl-7-66 829,700 1,118,517
Cl-7-67 829,402 1,118,489
Cl-7-68 829,269 1,118,565
Cl-7-69 827,556 1,118,329
Cl-7-70 827,311 1,118,328
Cl-7-71 826,952 1,118,395
Cl-7-72 826,854 1,118,402
Cl-7-73 826,694 1,118,493
Cl-7-73A 826,041 1,118,595
Cl-7-74 825,540 1,118,654
Cl-7-74A 825,033 1,118,704
Cl-7-75 824,406 1,118,749
Cl-7-75A 823,916 1,118,765
Cl-7-76 823,394 1,118,783
Description
of Location of Point Number Cl-7-76: A point near the north boundary of Tolovana Beach State Wayside
located in section 31 of township 5 north, range 10 west of the Willamette
Meridian in
Cl-7-77 823,162 1,118,834
Description
of Location of Point Number Cl-7-77: A point near the south boundary of Tolovana Beach State Wayside
located in section 31 of township 5 north, range 10 west of the Willamette
Meridian in
Cl-7-78 823,122 1,118,777
Cl-7-79 821,713 1,118,737
Cl-7-80 820,798 1,118,662
Cl-7-81 820,616 1,118,628
Cl-7-82 819,990 1,118,570
Cl-7-83 818,487 1,118,346
Cl-7-84 818,253 1,118,281
Cl-7-85 818,178 1,118,235
Cl-7-86 818,148 1,118,247
Cl-7-87 817,898 1,118,169
Cl-7-88 817,684 1,118,011
Cl-7-89 817,465 1,117,948
Cl-7-90 817,171 1,118,071
Cl-7-91 815,636 1,118,331
Cl-7-92 815,260 1,118,392
Cl-7-93 814,848 1,118,435
Cl-7-94 814,409 1,118,513
Cl-7-94A 814,169 1,118,279
Cl-7-95 814,083 1,118,612
Cl-7-96 813,912 1,118,660
Cl-7-97 812,767 1,118,680
Cl-7-98 811,143 1,118,543
Cl-7-99 810,457 1,118,473
Cl-7-100 809,795 1,118,455
Cl-7-101 809,529 1,118,398
Cl-7-102 809,522 1,118,298
Cl-7-103 809,366 1,118,376
Cl-7-104 809,342 1,118,314
Cl-7-105 809,254 1,118,366
Cl-7-106 808,991 1,118,326
Cl-7-107 808,579 1,118,341
Cl-7-108 808,559 1,118,262
Cl-7-109 808,368 1,118,263
Cl-7-110 808,288 1,118,189
Cl-7-111 808,212 1,118,226
Cl-7-112 808,168 1,118,031
Cl-7-112A 808,319 1,117,849
Cl-7-112B 808,236 1,117,789
Cl-7-112C 808,036 1,117,904
Cl-7-112D 808,021 1,118,029
Cl-7-113 807,723 1,117,985
Cl-7-114 807,577 1,118,182
Cl-7-114A 807,492 1,118,167
Cl-7-114B 807,302 1,117,900
Cl-7-114C 807,197 1,117,960
Cl-7-114D 807,246 1,118,131
Cl-7-115 806,972 1,118,108
Description
of Location of Point Number Cl-7-115: A point near the north boundary of
Cl-7-116 806,841 1,118,094
Description
of Location of Point Number Cl-7-116: A point near the south boundary of
Cl-7-117 806,272 1,118,031
Cl-7-118 806,178 1,117,848
Cl-7-118A 806,026 1,117,849
Cl-7-119 805,789 1,118,058
Cl-7-120 805,431 1,117,949
Cl-7-120A 805,367 1,117,779
Cl-7-121 805,296 1,117,776
Cl-7-122 805,158 1,117,930
Cl-7-123 805,092 1,117,892
Cl-7-124 802,212 1,117,559
Cl-7-125 802,079 1,117,577
Cl-7-126 801,380 1,117,374
Cl-7-127 801,289 1,117,358
Cl-7-128 801,274 1,117,370
Cl-7-129 799,987 1,117,070
Cl-7-130 798,430 1,116,632
Cl-7-131 797,966 1,116,576
Cl-7-132 797,940 1,116,740
Cl-7-133 797,778 1,116,650
Cl-7-134 797,699 1,116,278
Description
of Location of Point Number Cl-7-134: A point at the north end of the headlands at Arch Cape located near
the section line between section 25 of township 4 north, range 11 west of the
Willamette Meridian and section 30 of township 4 north, range 10 west of the
Willamette Meridian in Clatsop County.
Cl-7-135 795,909 1,116,145
Description
of Location of Point Number Cl-7-135: A point near the south boundary of Oswald West State Park located near
the section corner common to sections 25 and 36 of township 4 north, range 11 west
of the Willamette Meridian and sections 30 and 31 of township 4 north, range 10
west of the Willamette Meridian in Clatsop County.
Cl-7-136 794,385 1,115,979
Cl-7-137 793,087 1,115,939
Cl-7-138 792,118 1,115,833
Cl-7-139 790,613 1,115,650
Description
of Location of Point Number Cl-7-139: A point near the Clatsop-Tillamook county line.
Ti-7-1 790,200 1,115,606
Ti-7-2 789,633 1,115,579
Ti-7-3 789,412 1,115,471
Description
of Location of Point Number Ti-7-3: A point at the south end of
Ti-7-4 788,172 1,114,325
Description
of Location of Point Number Ti-7-4: A point on the north side of
Ti-7-4A 787,945