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
director’s 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 state’s
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