2007 Oregon Code - Chapter 390 :: Chapter 390 - State and Local Parks - Recreation Programs -
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 1,114,326
Ti-7-5 787,735 1,114,247
Ti-7-6 787,429 1,113,987
Description
of Location of Point Number Ti-7-6: A point on the north side of
Ti-7-7 774,737 1,118,436
Description
of Location of Point Number Ti-7-7: A point near the south boundary of
Ti-7-7A 774,503 1,118,717
Ti-7-8 774,092 1,119,050
Ti-7-8A 773,444 1,119,807
Ti-7-9 773,224 1,120,065
Ti-7-10 772,706 1,120,476
Ti-7-11 771,558 1,121,062
Ti-7-12 770,506 1,121,228
Ti-7-13 769,862 1,121,397
Ti-7-14 766,603 1,121,776
Ti-7-15 764,859 1,121,874
Ti-7-16 763,268 1,121,881
Ti-7-17 762,624 1,121,940
Ti-7-18 761,335 1,121,889
Description
of Location of Point Number Ti-7-18: A point near the north boundary of
Ti-7-19 745,172 1,122,047
Description
of Location of Point Number Ti-7-19: A point near the south boundary of
Ti-7-19A 743,930 1,122,166
Ti-7-20 743,294 1,121,234
Ti-7-21 742,843 1,120,931
Ti-7-22 742,511 1,120,795
Ti-7-23 737,706 1,120,158
Ti-7-24 737,364 1,120,200
Ti-7-25 737,006 1,120,377
Ti-7-26 736,659 1,120,284
Ti-7-27 736,605 1,120,194
Ti-7-28 736,195 1,119,992
Ti-7-29 735,826 1,119,914
Ti-7-30 732,728 1,119,396
Ti-7-31 730,623 1,119,099
Ti-7-32 729,193 1,118,966
Ti-7-32A 728,795 1,119,058
Ti-7-33 728,495 1,119,026
Description
of Location of Point Number Ti-7-33: A point near the north boundary of Rockaway State Wayside located in
section 32 of township 2 north, range 10 west of the Willamette Meridian in
Ti-7-34 728,315 1,118,986
Description
of Location of Point Number Ti-7-34: A point near the south boundary of Rockaway State Wayside located in
section 32 of township 2 north, range 10 west of the Willamette Meridian in
Ti-7-35 728,102 1,118,837
Ti-7-36 727,685 1,118,765
Ti-7-37 727,585 1,118,689
Ti-7-38 726,959 1,118,586
Ti-7-39 726,532 1,118,711
Ti-7-40 725,838 1,118,610
Ti-7-41 725,699 1,118,588
Ti-7-42 725,611 1,118,578
Ti-7-43 725,148 1,118,201
Ti-7-44 724,087 1,117,923
Ti-7-45 723,843 1,117,852
Ti-7-46 723,687 1,117,804
Ti-7-47 723,393 1,117,689
Ti-7-48 722,609 1,117,479
Ti-7-49 721,882 1,117,853
Ti-7-50 721,363 1,117,492
Ti-7-51 720,771 1,117,726
Ti-7-51A 720,313 1,117,712
Ti-7-52 719,839 1,117,130
Ti-7-53 717,383 1,116,446
Ti-7-54 716,779 1,116,324
Ti-7-55 715,094 1,115,787
Ti-7-56 714,694 1,115,710
Ti-7-57 713,732 1,115,426
Ti-7-58 713,010 1,115,320
Ti-7-59 706,624 1,117,487
Ti-7-60 706,305 1,117,368
Ti-7-61 705,591 1,117,212
Ti-7-62 702,813 1,116,623
Ti-7-63 701,988 1,116,474
Ti-7-64 700,758 1,116,213
Ti-7-65 700,641 1,116,216
Ti-7-66 698,359 1,115,831
Ti-7-67 698,018 1,115,766
Ti-7-68 697,730 1,115,742
Ti-7-69 695,285 1,115,488
Ti-7-70 694,014 1,115,269
Ti-7-71 693,995 1,115,417
Ti-7-72 693,046 1,115,096
Ti-7-73 691,876 1,114,912
Ti-7-74 691,096 1,114,625
Ti-7-75 689,408 1,114,216
Ti-7-76 689,446 1,114,088
Ti-7-77 689,181 1,113,946
Ti-7-78 688,875 1,113,877
Ti-7-78A 688,251 1,113,654
Ti-7-78B 688,240 1,113,576
Ti-7-79 688,088 1,113,584
Ti-7-80 688,103 1,113,499
Ti-7-81 686,504 1,112,939
Ti-7-82 686,060 1,112,666
Ti-7-83 685,568 1,112,260
Description
of Location of Point Number Ti-7-83: A point near the north end of the headlands on the north side of
Ti-7-84 679,993 1,110,563
Description
of Location of Point Number Ti-7-84: A point near the south boundary of
Ti-7-85 679,740 1,110,651
Ti-7-86 679,286 1,110,648
Ti-7-87 677,505 1,110,400
Ti-7-88 677,287 1,110,279
Description
of Location of Point Number Ti-7-88: A point near the north end of the headlands at the south end of
Ti-7-89 676,698 1,110,158
Description
of Location of Point Number Ti-7-89: A point near the south end of the headlands south of
Ti-7-90 676,630 1,110,189
Ti-7-91 676,425 1,110,168
Ti-7-92 676,188 1,110,063
Ti-7-93 675,777 1,109,741
Ti-7-94 675,643 1,109,518
Description
of Location of Point Number Ti-7-94: A point near the north end of the headlands on the north side of
Ti-7-95 675,616 1,109,371
Description
of Location of Point Number Ti-7-95: A point near the south end of the headlands on the north side of
Ti-7-96 675,441 1,109,359
Ti-7-97 675,010 1,109,250
Ti-7-98 674,787 1,109,383
Ti-7-99 673,979 1,109,562
Description
of Location of Point Number Ti-7-99: A point near the north end of the first headlands north of
Ti-7-100 673,842 1,109,669
Description
of Location of Point Number Ti-7-100: A point near the south end of the first headlands north of
Ti-7-101 673,809 1,109,771
Ti-7-102 673,653 1,109,909
Ti-7-103 673,071 1,110,205
Ti-7-104 672,307 1,110,537
Ti-7-105 671,227 1,110,895
Ti-7-106 670,370 1,111,117
Ti-7-107 670,090 1,111,168
Ti-7-108 669,605 1,111,341
Ti-7-109 668,224 1,111,600
Ti-7-110 667,215 1,112,239
Ti-7-111 666,578 1,112,749
Ti-7-112 666,252 1,112,937
Ti-7-112A 665,808 1,113,364
Ti-7-112B 665,466 1,113,850
Ti-7-113 662,710 1,113,335
Description
of Location of Point Number Ti-7-113: A point near the north end of the
Ti-7-114 628,256 1,107,235
Description
of Location of Point Number Ti-7-114: A point near the south end of the headlands on the south side of Cape
Lookout located in section 1 of township 3 south, range 11 west of the
Willamette Meridian in
Ti-7-115 628,048 1,107,599
Ti-7-116 627,769 1,107,736
Ti-7-117 623,918 1,108,889
Ti-7-118 623,459 1,108,997
Ti-7-119 622,032 1,109,287
Ti-7-120 621,511 1,109,345
Ti-7-121 620,938 1,109,441
Ti-7-122 619,547 1,109,539
Ti-7-123 618,468 1,109,563
Ti-7-124 617,144 1,109,557
Ti-7-125 616,033 1,109,533
Ti-7-126 615,652 1,109,506
Ti-7-127 613,316 1,109,441
Ti-7-128 611,375 1,109,312
Ti-7-129 611,076 1,109,287
Ti-7-130 610,497 1,109,309
Ti-7-131 610,236 1,109,255
Ti-7-132 608,446 1,109,185
Ti-7-133 607,963 1,109,235
Ti-7-134 607,726 1,109,270
Ti-7-135 607,570 1,109,326
Ti-7-136 607,363 1,109,441
Ti-7-137 607,271 1,109,574
Ti-7-138 607,215 1,109,756
Ti-7-138A 606,590 1,110,203
Ti-7-138B 605,488 1,110,094
Ti-7-139 605,446 1,109,729
Ti-7-140 605,357 1,109,499
Ti-7-141 604,728 1,108,965
Ti-7-142 603,187 1,108,572
Ti-7-143 601,827 1,108,353
Ti-7-144 601,528 1,108,275
Ti-7-145 600,384 1,108,160
Ti-7-146 597,511 1,107,747
Ti-7-147 596,001 1,107,589
Ti-7-148 595,439 1,107,538
Ti-7-149 595,111 1,107,567
Ti-7-150 594,576 1,107,360
Ti-7-151 593,266 1,107,033
Ti-7-152 592,923 1,106,907
Ti-7-153 592,375 1,106,812
Ti-7-154 592,043 1,106,723
Ti-7-155 591,495 1,106,642
Ti-7-156 591,069 1,106,555
Ti-7-157 590,917 1,106,452
Ti-7-158 590,692 1,106,577
Ti-7-159 589,950 1,106,387
Ti-7-160 589,555 1,106,357
Ti-7-161 589,508 1,106,294
Ti-7-162 588,511 1,106,271
Ti-7-163 588,166 1,106,184
Ti-7-164 587,443 1,105,946
Ti-7-165 586,940 1,105,880
Ti-7-166 586,541 1,105,690
Ti-7-167 586,307 1,105,425
Ti-7-168 586,275 1,105,303
Description
of Location of Point Number Ti-7-168: A point near the north end of the headlands at
Ti-7-169 584,879 1,105,024
Description
of Location of Point Number Ti-7-169: A point near the south end of the headlands at
Ti-7-170 584,943 1,105,176
Ti-7-171 584,920 1,105,306
Ti-7-172 584,785 1,105,489
Ti-7-173 584,486 1,105,725
Ti-7-174 584,067 1,105,949
Ti-7-175 583,794 1,106,060
Ti-7-176 582,447 1,106,291
Ti-7-177 581,986 1,106,320
Ti-7-178 580,712 1,106,517
Ti-7-179 579,529 1,106,630
Ti-7-180 578,628 1,106,654
Ti-7-181 577,896 1,106,615
Ti-7-182 577,310 1,106,645
Ti-7-183 576,545 1,106,588
Description
of Location of Point Number Ti-7-183: A point near the north boundary of the
Ti-7-184 563,870 1,105,586
Description
of Location of Point Number Ti-7-184: A point near the south end of the
Ti-7-185 563,121 1,105,422
Ti-7-186 562,775 1,105,342
Ti-7-187 562,449 1,104,966
Ti-7-188 562,278 1,104,854
Ti-7-189 561,494 1,104,672
Ti-7-190 561,308 1,104,578
Ti-7-191 560,941 1,104,548
Ti-7-192 560,790 1,104,497
Ti-7-193 560,754 1,104,397
Ti-7-194 560,593 1,104,376
Ti-7-195 560,372 1,104,290
Ti-7-196 560,241 1,104,283
Ti-7-197 560,241 1,104,363
Ti-7-198 560,165 1,104,416
Ti-7-199 559,565 1,104,234
Ti-7-200 558,914 1,104,283
Ti-7-201 558,132 1,104,133
Ti-7-202 557,720 1,104,136
Ti-7-203 557,416 1,104,200
Ti-7-204 557,271 1,104,163
Ti-7-205 557,145 1,104,234
Ti-7-206 556,767 1,104,137
Ti-7-207 556,598 1,103,953
Ti-7-208 556,495 1,103,660
Ti-7-209 556,206 1,103,587
Ti-7-210 555,796 1,103,647
Ti-7-210A 555,558 1,103,839
Ti-7-210B 555,399 1,103,485
Ti-7-211 555,268 1,103,430
Ti-7-212 555,080 1,103,479
Ti-7-213 554,132 1,103,160
Ti-7-214 553,822 1,103,024
Ti-7-215 552,907 1,103,002
Ti-7-216 552,509 1,102,822
Ti-7-217 552,330 1,102,906
Ti-7-218 552,144 1,102,790
Ti-7-219 551,268 1,102,583
Ti-7-220 550,789 1,102,443
Ti-7-221 550,365 1,102,446
Ti-7-222 550,132 1,102,342
Ti-7-223 549,616 1,102,223
Ti-7-224 549,021 1,102,086
Ti-7-225 548,515 1,102,174
Ti-7-226 548,045 1,101,928
Ti-7-227 547,650 1,101,841
Ti-7-228 547,137 1,101,762
Ti-7-229 546,721 1,101,592
Ti-7-230 546,598 1,101,590
Ti-7-231 546,179 1,101,457
Ti-7-232 545,927 1,101,496
Ti-7-233 545,736 1,101,282
Ti-7-234 545,227 1,101,182
Ti-7-234A 544,521 1,100,882
Ti-7-235 544,030 1,100,781
Ti-7-236 543,486 1,100,741
Ti-7-237 543,049 1,100,540
Ti-7-238 542,679 1,100,713
Ti-7-239 542,576 1,100,809
Ti-7-239A 542,571 1,100,910
Ti-7-239B 542,633 1,100,971
Ti-7-239C 542,222 1,101,135
Ti-7-240 541,526 1,100,550
Ti-7-241 541,447 1,100,496
Ti-7-242 541,422 1,100,430
Ti-7-243 540,945 1,100,110
Ti-7-244 540,457 1,100,012
Ti-7-245 540,099 1,099,832
Ti-7-246 539,845 1,099,625
Ti-7-247 539,847 1,099,586
Ti-7-248 539,744 1,099,482
Ti-7-249 539,703 1,099,466
Description
of Location of Point Number Ti-7-249: A point near the north end of the headlands on the north side of Cascade
Head located in section 35 of township 5 south, range 11 west of the Willamette
Meridian in
Ti-7-250 523,326 1,094,861
Description
of Location of Point Number Ti-7-250:A point near the east end of the headlands on the south side of Cascade
Head located in section 14 of township 6 south, range 11 west of the Willamette
Meridian in Tillamook County.
Ti-7-250A 522,807 1,095,300
Ti-7-250B 522,247 1,095,417
Ti-7-251 522,189 1,095,089
Ti-7-252 521,960 1,094,886
Li-7-1 521,877 1,094,819
Description
of Location of Point Number Li-7-1: A point near the Tillamook-Lincoln county line.
Li-7-2 519,691 1,094,773
Li-7-2A 519,502 1,094,647
Description
of Location of Point Number Li-7-2A: A point near the north end of the headlands at the south end of the
sand spit at the mouth of the Salmon River located in section 23 of township 6
south, range 11 west of the Willamette Meridian in
Li-7-3 519,537 1,094,519
Description
of Location of Point Number Li-7-3: A point near the southwest end of the headlands at the south end of
the sand spit at the mouth of the Salmon River located in section 23 of
township 6 south, range 11 west of the Willamette Meridian in
Li-7-4 519,263 1,094,410
Li-7-5 519,133 1,094,540
Li-7-6 518,997 1,094,408
Li-7-7 518,796 1,094,379
Li-7-8 518,587 1,094,221
Li-7-9 518,396 1,093,880
Li-7-10 518,408 1,093,725
Description
of Location of Point Number Li-7-10: A point near the north end of the headlands northwest of
Li-7-11 518,136 1,093,626
Description
of Location of Point Number Li-7-11: A point near the south end of the headlands northwest of
Li-7-12 518,059 1,093,671
Li-7-13 517,822 1,093,636
Li-7-14 517,635 1,093,559
Li-7-15 517,461 1,093,343
Li-7-16 517,415 1,093,152
Li-7-17 517,434 1,092,979
Description
of Location of Point Number Li-7-17: A point near the north end of the headlands north of the Town of
Li-7-18 515,292 1,092,596
Description
of Location of Point Number Li-7-18: A point near the south end of the headlands north of the Town of
Li-7-19 515,261 1,092,731
Li-7-20 515,117 1,092,921
Li-7-21 515,021 1,093,010
Li-7-22 514,830 1,093,127
Li-7-23 514,602 1,093,209
Li-7-24 514,370 1,093,270
Li-7-25 514,191 1,093,279
Li-7-26 513,830 1,093,339
Li-7-27 513,491 1,093,357
Li-7-28 512,314 1,093,322
Li-7-29 512,224 1,093,336
Li-7-30 510,514 1,093,245
Li-7-31 509,812 1,093,179
Li-7-32 509,682 1,093,143
Li-7-33 509,435 1,093,101
Li-7-34 509,375 1,093,122
Li-7-35 509,069 1,093,034
Li-7-36 508,017 1,092,828
Li-7-37 506,696 1,092,542
Li-7-38 504,869 1,092,195
Li-7-39 504,734 1,092,146
Li-7-40 504,400 1,092,088
Li-7-41 504,271 1,092,007
Li-7-42 504,166 1,091,988
Li-7-43 504,008 1,092,005
Li-7-44 503,674 1,091,912
Li-7-45 503,312 1,091,872
Li-7-46 503,204 1,091,869
Li-7-47 502,847 1,091,774
Li-7-48 502,714 1,091,763
Li-7-49 502,386 1,091,756
Li-7-50 502,225 1,091,693
Li-7-51 502,143 1,091,693
Li-7-52 502,088 1,091,657
Li-7-53 501,988 1,091,631
Li-7-54 501,944 1,091,624
Li-7-55 501,722 1,091,592
Li-7-56 501,588 1,091,528
Li-7-57 501,497 1,091,503
Li-7-58 501,390 1,091,497
Li-7-59 501,365 1,091,486
Li-7-60 501,321 1,091,474
Li-7-61 501,298 1,091,463
Li-7-62 500,850 1,091,391
Li-7-63 500,718 1,091,411
Li-7-64 499,879 1,091,274
Li-7-65 499,385 1,091,157
Li-7-66 498,670 1,091,061
Li-7-67 497,823 1,090,866
Li-7-68 497,233 1,090,690
Li-7-69 496,422 1,090,594
Li-7-70 495,945 1,090,488
Li-7-71 494,473 1,090,275
Li-7-72 494,420 1,090,363
Li-7-73 494,284 1,090,309
Description
of Location of Point Number Li-7-73: A point near the north boundary of D River State Wayside located in
section 15 of township 7 south, range 11 west of the Willamette Meridian in
Li-7-74 493,843 1,090,125
Description
of Location of Point Number Li-7-74: A point near the south boundary of D River State Wayside located in
section 15 of township 7 south, range 11 west of the Willamette Meridian in
Li-7-75 493,814 1,090,060
Li-7-76 492,402 1,089,616
Li-7-77 491,260 1,089,342
Li-7-78 491,166 1,089,322
Li-7-79 490,870 1,089,247
Li-7-80 489,928 1,089,005
Li-7-81 489,620 1,088,961
Li-7-82 488,669 1,088,949
Li-7-82A 488,637 1,088,889
Li-7-83 488,075 1,088,663
Li-7-84 487,626 1,088,428
Li-7-85 486,116 1,088,374
Li-7-86 485,659 1,088,303
Li-7-87 485,091 1,088,202
Li-7-88 484,395 1,088,116
Li-7-89 484,358 1,088,149
Li-7-90 484,251 1,088,115
Li-7-91 483,284 1,087,949
Li-7-92 482,954 1,087,979
Li-7-93 482,712 1,087,963
Li-7-94 482,628 1,087,904
Li-7-95 482,564 1,088,018
Li-7-96 482,139 1,088,011
Li-7-97 480,591 1,087,794
Li-7-98 480,279 1,087,846
Li-7-98A 480,081 1,087,939
Li-7-98B 479,857 1,088,114
Li-7-98C 479,781 1,088,257
Li-7-98D 479,611 1,088,768
Li-7-98E 478,500 1,088,109
Li-7-99 478,397 1,087,758
Li-7-100 478,143 1,087,509
Li-7-101 476,617 1,086,979
Li-7-102 475,960 1,086,770
Li-7-103 474,682 1,086,574
Li-7-104 472,997 1,086,230
Li-7-104A 471,682 1,085,904
Li-7-105 471,222 1,085,803
Li-7-106 469,714 1,085,429
Li-7-107 468,683 1,085,187
Li-7-108 467,756 1,084,910
Li-7-108A 466,950 1,084,728
Li-7-109 466,375 1,084,556
Li-7-110 465,880 1,084,494
Li-7-111 464,770 1,084,177
Li-7-112 463,989 1,084,045
Li-7-113 463,900 1,084,075
Li-7-114 463,616 1,083,926
Li-7-115 463,441 1,083,928
Li-7-116 462,754 1,083,621
Li-7-117 461,686 1,083,458
Li-7-118 461,447 1,083,355
Description
of Location of Point Number Li-7-118: A point near the north boundary of Gleneden Beach State Wayside located
in section 16 of township 8 south, range 11 west of the Willamette Meridian in
Li-7-119 460,819 1,083,224
Description
of Location of Point Number Li-7-119: A point near the south boundary of Gleneden Beach State Wayside
located in section 16 of township 8 south, range 11 west of the Willamette
Meridian in
Li-7-120 460,676 1,083,165
Li-7-121 460,619 1,083,189
Li-7-122 460,479 1,083,124
Li-7-123 459,842 1,083,160
Li-7-124 459,810 1,083,056
Li-7-125 459,526 1,082,851
Li-7-126 458,278 1,082,499
Li-7-127 457,957 1,082,503
Li-7-128 457,823 1,082,373
Li-7-129 457,388 1,082,257
Li-7-130 457,345 1,082,264
Li-7-131 456,943 1,082,145
Li-7-132 456,756 1,082,195
Li-7-133 456,730 1,082,131
Li-7-134 456,340 1,081,936
Li-7-135 455,440 1,081,686
Li-7-136 455,234 1,081,688
Li-7-137 455,151 1,081,688
Li-7-138 454,875 1,081,542
Li-7-139 454,469 1,081,462
Li-7-140 454,339 1,081,439
Li-7-141 454,258 1,081,423
Li-7-142 453,718 1,081,178
Li-7-143 453,426 1,081,102
Li-7-144 452,947 1,081,025
Li-7-145 452,852 1,080,925
Li-7-146 451,855 1,080,644
Li-7-147 451,729 1,080,569
Li-7-148 451,344 1,080,438
Li-7-149 451,162 1,080,331
Li-7-150 451,005 1,080,288
Description
of Location of Point Number Li-7-150: A point near the north boundary of Lincoln Beach State Wayside located
in section 28 of township 8 south, range 11 west of the Willamette Meridian in
Li-7-151 450,586 1,080,122
Description
of Location of Point Number Li-7-151: A point near the south boundary of Lincoln Beach State Wayside located
in section 28 of township 8 south, range 11 west of the Willamette Meridian in
Li-7-152 450,196 1,079,877
Li-7-153 450,126 1,079,731
Li-7-154 450,167 1,079,513
Description
of Location of Point Number Li-7-154:A point near the north end of the headlands on the north side of
Fishing Rock located in section 29 of township 8 south, range 11 west of the
Willamette Meridian in
Li-7-155 449,614 1,079,632
Description
of Location of Point Number Li-7-155: A point near the south end of the headlands on the south side of
Fishing Rock located in section 29 of township 8 south, range 11 west of the
Willamette Meridian in
Li-7-156 449,234 1,079,367
Li-7-157 448,636 1,079,264
Li-7-158 448,598 1,079,333
Li-7-159 448,314 1,079,308
Li-7-160 448,214 1,079,378
Li-7-161 448,095 1,079,385
Description
of Location of Point Number Li-7-161: A point near the north boundary of
Li-7-162 447,462 1,079,064
Description
of Location of Point Number Li-7-162: A point near the south boundary of
Li-7-163 447,359 1,078,881
Li-7-164 447,289 1,078,862
Li-7-165 447,192 1,078,622
Description
of Location of Point Number Li-7-165: A point near the north end of the headlands on the north side of
Li-7-166 430,584 1,073,460
Description
of Location of Point Number Li-7-166: A point near the northwest end of the headlands on the north side of
Whale Cove located in section 18 of township 9 south, range 11 west of the
Willamette Meridian in
Li-7-166A 430,612 1,073,565
Li-7-166B 430,470 1,073,776
Li-7-166C 430,518 1,073,943
Li-7-167 430,432 1,074,035
Li-7-167A 430,274 1,074,000
Description
of Location of Point Number Li-7-167A: A point near the southeast end of a short sand beach on the northeast
side of Whale Cove located in section 17 of township 9 south, range 11 west of
the Willamette Meridian in
Li-7-168 416,791 1,074,778
Description
of Location of Point Number Li-7-168:A point near the south end of the headlands south of Otter Crest
located in section 29 of township 9 south, range 11 west of the Willamette
Meridian in
Li-7-169 416,481 1,074,645
Li-7-170 416,355 1,074,507
Description
of Location of Point Number Li-7-170: A point near the north end of the headlands north of Devils Punch
Bowl located in section 32 of township 9 south, range 11 west of the Willamette
Meridian in
Li-7-171 415,895 1,074,529
Description
of Location of Point Number Li-7-171: A point near the south end of the headlands north of Devils Punch
Bowl located in section 32 of township 9 south, range 11 west of the Willamette
Meridian in
Li-7-172 415,863 1,074,660
Li-7-173 415,268 1,074,655
Li-7-174 414,849 1,074,703
Li-7-175 414,615 1,074,584
Li-7-176 414,600 1,074,476
Description
of Location of Point Number Li-7-176: A point near the north end of the headlands at Otter Rock located in
section 32 of township 9 south, range 11 west of the Willamette Meridian in
Li-7-177 413,971 1,075,294
Description
of Location of Point Number Li-7-177: A point near the south end of the headlands at Otter Rock located in
section 32 of township 9 south, range 11 west of the Willamette Meridian in
Li-7-178 413,506 1,075,645
Li-7-179 412,961 1,075,950
Li-7-180 412,559 1,076,104
Li-7-181 411,922 1,076,232
Li-7-182 411,277 1,076,281
Description
of Location of Point Number Li-7-182: A point near the north boundary of property owned through the State
Parks and Recreation Department located in section 32 of township 9 south,
range 11 west of the Willamette Meridian in
Li-7-183 398,161 1,074,515
Description
of Location of Point Number Li-7-183: A point near Moloch Creek located in section 17 of township 10 south,
range 11 west of the Willamette Meridian in
Li-7-184 397,774 1,074,441
Li-7-185 397,597 1,074,358
Li-7-186 397,330 1,074,317
Li-7-187 397,266 1,074,257
Li-7-188 397,004 1,074,240
Li-7-189 396,996 1,074,177
Li-7-190 396,723 1,074,107
Li-7-191 396,479 1,074,084
Li-7-192 396,049 1,073,960
Li-7-193 396,026 1,073,913
Li-7-194 395,585 1,073,817
Li-7-195 395,339 1,073,746
Li-7-195A 395,290 1,073,652
Li-7-195B 395,205 1,073,696
Li-7-196 395,015 1,073,632
Li-7-197 394,516 1,073,514
Li-7-198 394,167 1,073,394
Li-7-199 393,827 1,073,198
Li-7-200 393,720 1,073,104
Li-7-201 393,129 1,073,076
Li-7-202 392,896 1,073,021
Li-7-203 392,787 1,072,999
Li-7-204 392,709 1,072,972
Li-7-205 392,212 1,072,892
Li-7-206 391,492 1,072,659
Li-7-207 391,328 1,072,630
Li-7-208 390,819 1,072,450
Li-7-209 390,258 1,072,167
Li-7-210 390,118 1,072,149
Li-7-211 389,984 1,072,013
Li-7-212 389,313 1,071,566
Li-7-213 389,069 1,071,264
Li-7-214 388,955 1,071,051
Li-7-215 388,946 1,070,768
Description
of Location of Point Number Li-7-215: A point near the north end of the headlands on the north side of
Yaquina Head located in section 30 of township 10 south, range 11 west of the
Willamette Meridian in
Li-7-216 387,772 1,073,534
Description
of Location of Point Number Li-7-216: A point near the southeast end of the headlands on the south side of
Yaquina Head located in section 29 of township 10 south, range 11 west of the
Willamette Meridian in
Li-7-217 387,563 1,073,912
Li-7-218 387,386 1,074,085
Li-7-219 387,128 1,074,260
Li-7-220 386,676 1,074,440
Li-7-221 386,012 1,074,651
Li-7-222 385,108 1,074,857
Li-7-223 384,494 1,074,912
Li-7-223A 384,156 1,074,959
Li-7-224 383,966 1,075,015
Li-7-225 383,702 1,075,148
Li-7-226 383,577 1,075,050
Li-7-227 383,213 1,074,990
Li-7-228 382,719 1,074,996
Li-7-229 382,476 1,075,069
Li-7-230 382,105 1,075,222
Li-7-231 382,036 1,075,230
Li-7-232 381,708 1,074,913
Li-7-233 381,443 1,074,806
Li-7-234 380,262 1,074,523
Li-7-235 379,963 1,074,392
Li-7-236 379,795 1,074,402
Li-7-237 379,148 1,074,225
Li-7-238 378,944 1,074,198
Li-7-239 378,034 1,074,043
Li-7-240 377,914 1,073,941
Li-7-241 377,641 1,073,892
Li-7-242 377,310 1,073,746
Li-7-243 377,291 1,073,577
Li-7-243A 377,167 1,073,496
Li-7-243B 377,031 1,073,571
Li-7-244 376,880 1,073,574
Li-7-245 376,584 1,073,490
Li-7-246 375,537 1,073,472
Li-7-247 375,067 1,073,373
Li-7-248 375,072 1,073,290
Li-7-249 374,935 1,073,281
Li-7-250 374,920 1,073,300
Li-7-251 374,783 1,073,293
Li-7-252 374,324 1,073,158
Li-7-253 374,089 1,073,032
Li-7-254 374,016 1,072,856
Li-7-255 373,826 1,072,845
Li-7-256 373,821 1,072,880
Li-7-257 373,184 1,072,824
Li-7-258 373,116 1,072,886
Li-7-259 372,539 1,072,719
Li-7-260 372,411 1,072,706
Li-7-261 371,864 1,072,554
Li-7-262 371,541 1,072,396
Li-7-263 370,453 1,072,227
Li-7-264 369,991 1,072,262
Li-7-265 369,852 1,072,347
Li-7-266 369,368 1,072,602
Li-7-266A 368,949 1,073,035
Li-7-267 367,806 1,072,273
Li-7-268 365,746 1,071,373
Li-7-269 365,649 1,071,378
Description
of Location of Point Number Li-7-269: A point near the south jetty at the entrance to
Li-7-270 360,495 1,071,556
Description
of Location of Point Number Li-7-270:A point near the south boundary of the
Li-7-271 358,777 1,071,368
Li-7-272 357,591 1,071,246
Li-7-273 357,104 1,071,144
Li-7-274 356,080 1,071,008
Li-7-275 355,648 1,071,008
Li-7-276 354,873 1,070,907
Li-7-277 353,593 1,070,800
Li-7-278 353,505 1,070,756
Li-7-279 353,174 1,070,667
Li-7-280 352,967 1,070,584
Li-7-281 352,466 1,070,600
Li-7-282 351,458 1,070,441
Li-7-283 350,947 1,070,421
Li-7-284 350,775 1,070,438
Li-7-285 350,420 1,070,324
Li-7-286 350,027 1,070,278
Li-7-287 349,666 1,070,202
Li-7-288 348,278 1,070,067
Li-7-289 347,871 1,070,120
Li-7-290 347,063 1,069,889
Li-7-291 346,876 1,069,885
Li-7-292 346,841 1,069,757
Li-7-293 346,124 1,069,672
Description
of Location of Point Number Li-7-293: A point near the north boundary of
Li-7-294 339,166 1,068,589
Description
of Location of Point Number Li-7-294: A point near the south boundary of
Li-7-295 337,635 1,068,437
Li-7-295A 337,344 1,068,375
Li-7-296 336,132 1,068,226
Description
of Location of Point Number Li-7-296: A point near the north boundary of
Li-7-297 333,385 1,068,450
Description
of Location of Point Number Li-7-297: A point near the south boundary of
Li-7-297A 333,092 1,068,723
Li-7-297B 332,550 1,068,009
Li-7-298 332,261 1,067,861
Li-7-299 331,651 1,067,607
Li-7-300 330,909 1,067,332
Li-7-301 330,212 1,067,169
Li-7-302 329,775 1,067,021
Li-7-303 329,055 1,066,830
Li-7-304 328,374 1,066,629
Li-7-305 327,559 1,066,454
Li-7-306 326,920 1,066,268
Li-7-307 326,218 1,066,154
Li-7-308 325,986 1,066,159
Li-7-309 325,483 1,066,088
Li-7-310 325,302 1,065,997
Li-7-311 324,853 1,065,953
Li-7-312 324,539 1,065,816
Li-7-313 324,277 1,065,641
Li-7-314 323,667 1,065,529
Description
of Location of Point Number Li-7-314: A point near the north boundary of Seal Rock Wayside located in
section 25 of township 12 south, range 12 west of the Willamette Meridian in
Li-7-315 322,726 1,065,519
Description
of Location of Point Number Li-7-315: A point near the south boundary of Seal Rock Wayside located in
section 25 of township 12 south, range 12 west of the Willamette Meridian in
Li-7-316 322,532 1,065,529
Li-7-317 322,312 1,065,480
Li-7-318 321,532 1,065,461
Li-7-319 321,414 1,065,298
Li-7-320 321,226 1,065,448
Li-7-321 320,971 1,065,448
Li-7-321A 320,492 1,065,294
Li-7-322 320,154 1,065,308
Li-7-323 319,976 1,065,381
Li-7-324 319,830 1,065,333
Li-7-325 319,653 1,065,141
Description
of Location of Point Number Li-7-325: A point near the north end of the headlands north of Squaw Creek
located in section 36 of township 12 south, range 12 west of the Willamette
Meridian in
Li-7-326 319,285 1,065,020
Description
of Location of Point Number Li-7-326: A point near the south end of the headlands, north of Squaw Creek
located in section 36 of township 12 south, range 12 west of the Willamette
Meridian in
Li-7-327 319,254 1,065,127
Li-7-328 319,017 1,065,300
Li-7-329 318,684 1,065,368
Li-7-330 318,039 1,065,567
Li-7-331 317,962 1,065,616
Li-7-332 317,553 1,065,733
Li-7-333 316,986 1,065,786
Li-7-334 316,190 1,065,631
Li-7-335 315,455 1,065,643
Li-7-336 313,346 1,065,757
Li-7-337 312,115 1,065,744
Li-7-338 310,799 1,065,676
Li-7-339 310,624 1,065,655
Li-7-340 307,274 1,065,368
Li-7-341 306,081 1,065,272
Li-7-342 303,876 1,065,014
Li-7-342A 302,717 1,064,861
Li-7-343 302,009 1,064,789
Li-7-344 300,597 1,064,626
Li-7-344A 299,559 1,064,546
Li-7-345 298,873 1,064,546
Li-7-346 298,361 1,064,661
Li-7-347 297,708 1,064,983
Li-7-348 297,499 1,065,264
Li-7-349 297,441 1,065,520
Li-7-350 297,481 1,065,745
Li-7-351 295,474 1,065,819
Li-7-352 295,365 1,065,659
Li-7-353 295,135 1,065,187
Li-7-354 294,851 1,064,836
Li-7-355 294,333 1,064,433
Li-7-356 293,843 1,064,235
Li-7-357 293,610 1,064,140
Description
of Location of Point Number Li-7-357: A point near the north boundary of
Li-7-358 289,703 1,063,527
Description
of Location of Point Number Li-7-358: A point near the south boundary of
Li-7-359 289,041 1,063,368
Li-7-360 288,797 1,063,355
Li-7-361 288,639 1,063,301
Li-7-362 288,337 1,063,295
Li-7-363 288,294 1,063,262
Li-7-364 287,261 1,063,041
Li-7-365 286,718 1,062,961
Li-7-366 286,312 1,062,836
Li-7-367 286,113 1,062,831
Li-7-368 286,084 1,062,893
Li-7-369 285,824 1,062,895
Li-7-370 285,212 1,062,781
Li-7-371 285,027 1,062,709
Li-7-372 284,609 1,062,608
Li-7-373 284,253 1,062,595
Li-7-374 283,650 1,062,426
Li-7-375 283,530 1,062,418
Li-7-376 283,344 1,062,332
Li-7-377 283,033 1,062,340
Description
of Location of Point Number Li-7-377: A point near the north boundary of
Li-7-378 280,579 1,062,025
Description
of Location of Point Number Li-7-378: A point near the south boundary of
Li-7-379 280,316 1,061,896
Li-7-380 280,153 1,061,959
Li-7-381 279,897 1,062,221
Li-7-382 279,810 1,062,238
Li-7-383 279,471 1,062,184
Li-7-384 279,189 1,062,025
Li-7-385 279,000 1,061,989
Li-7-386 278,590 1,061,901
Li-7-387 278,530 1,061,890
Li-7-388 278,422 1,061,867
Li-7-389 278,397 1,061,861
Li-7-390 277,667 1,061,718
Li-7-391 277,519 1,061,667
Li-7-392 277,394 1,061,450
Li-7-393 277,109 1,061,300
Li-7-394 276,930 1,061,241
Li-7-395 276,633 1,061,214
Li-7-396 276,485 1,061,088
Li-7-396A 275,876 1,061,042
Li-7-397 275,149 1,060,896
Li-7-398 274,953 1,060,869
Li-7-399 274,824 1,060,797
Li-7-400 274,004 1,060,607
Li-7-401 273,342 1,060,521
Li-7-402 273,123 1,060,462
Li-7-403 272,973 1,060,462
Li-7-403A 272,878 1,060,433
Li-7-403B 272,896 1,060,393
Li-7-403C 272,820 1,060,374
Li-7-403D 272,830 1,060,421
Li-7-404 272,651 1,060,364
Li-7-405 272,426 1,060,299
Li-7-406 272,203 1,060,283
Li-7-407 272,128 1,060,234
Li-7-408 271,948 1,060,204
Li-7-409 271,876 1,060,227
Li-7-410 271,776 1,060,205
Li-7-411 271,517 1,060,175
Li-7-412 271,384 1,060,219
Li-7-413 271,248 1,060,129
Li-7-414 271,079 1,060,107
Li-7-415 270,975 1,060,035
Li-7-416 270,235 1,059,912
Li-7-417 270,078 1,059,800
Li-7-418 269,654 1,059,845
Li-7-418A 269,628 1,059,780
Li-7-418B 269,456 1,059,849
Li-7-419 269,109 1,059,861
Li-7-420 268,340 1,059,611
Li-7-421 268,199 1,059,621
Li-7-422 267,680 1,059,493
Li-7-423 266,984 1,059,424
Li-7-424 266,886 1,059,446
Li-7-424A 266,752 1,059,348
Li-7-425 266,663 1,059,404
Li-7-426 266,507 1,059,260
Li-7-427 266,377 1,059,159
Li-7-428 266,168 1,059,124
Li-7-429 265,966 1,059,257
Li-7-430 265,666 1,059,094
Li-7-430A 265,602 1,058,965
Li-7-431 265,475 1,058,904
Li-7-432 264,325 1,058,737
Li-7-433 263,983 1,058,615
Li-7-434 263,577 1,058,506
Li-7-435 263,465 1,058,519
Li-7-436 263,387 1,058,531
Li-7-437 263,394 1,058,454
Li-7-438 262,996 1,058,341
Li-7-439 262,881 1,058,246
Description
of Location of Point Number Li-7-439: A point near the north end of the headlands north of
Point south
zone
Number y-coordinate x-coordinate
La-7-1 960,236 1,053,478
Description
of Location of Point Number La-7-1: A point near the south end of the headlands on the south side of Gwynn
Knoll located in section 22 of township 15 south, range 12 west of the
Willamette Meridian in
La-7-2 960,110 1,053,668
La-7-3 960,163 1,053,738
La-7-4 960,041 1,053,854
La-7-5 959,932 1,053,768
La-7-6 959,694 1,053,879
La-7-7 959,392 1,053,887
La-7-8 959,274 1,053,935
La-7-9 959,124 1,053,946
Description
of Location of Point Number La-7-9: A point near the north boundary of property owned through the State
Parks and Recreation Department located in section 22 of township 15 south,
range 12 west of the Willamette Meridian in
La-7-10 956,771 1,054,162
Description
of Location of Point Number La-7-10: A point near the south boundary of property owned through the State
Parks and Recreation Department located in section 27 of township 15 south,
range 12 west of the Willamette Meridian in
La-7-11 955,775 1,054,039
La-7-12 955,642 1,053,985
La-7-13 955,236 1,053,955
La-7-14 954,367 1,053,807
La-7-15 954,094 1,053,672
La-7-16 953,534 1,053,686
La-7-17 953,374 1,053,714
La-7-18 953,268 1,053,882
La-7-19 953,186 1,053,909
Description
of Location of Point Number La-7-19: A point near the north boundary of the Rockwood Beach State Wayside
located in section 27 of township 15 south, range 12 west of the Willamette
Meridian in
La-7-20 952,030 1,053,601
Description
of Location of Point Number La-7-20: A point near the south boundary of Rockwood Beach State Wayside near
the section line located between section 27 and section 34 of township 15
south, range 12 west of the Willamette Meridian in
La-7-21 951,780 1,053,530
La-7-22 951,633 1,053,395
La-7-23 951,613 1,053,308
La-7-24 951,555 1,053,229
La-7-25 951,461 1,053,170
La-7-26 951,160 1,053,170
La-7-27 950,892 1,053,104
La-7-28 950,751 1,053,055
La-7-29 950,531 1,052,931
La-7-30 950,352 1,052,890
La-7-31 949,988 1,052,937
La-7-32 949,786 1,052,942
La-7-33 949,469 1,052,898
La-7-34 949,213 1,052,750
La-7-35 949,177 1,052,806
La-7-36 949,010 1,052,702
La-7-37 949,004 1,052,837
La-7-38 948,807 1,052,897
La-7-38A 948,218 1,052,893
La-7-38B 948,227 1,052,797
La-7-38C 948,170 1,052,794
La-7-38D 948,159 1,052,893
La-7-39 948,074 1,052,893
La-7-39A 947,907 1,052,830
La-7-40 947,752 1,052,816
La-7-41 947,671 1,052,860
La-7-42 947,129 1,052,773
La-7-43 946,916 1,052,690
La-7-44 946,756 1,052,589
Description
of Location of Point Number La-7-44: A point near the north boundary of property owned through the State
Parks and Recreation Department located in section 3 of township 16 south,
range 12 west of the Willamette Meridian in
La-7-45 943,990 1,052,518
Description
of Location of Point Number La-7-45: A point near the south boundary of property owned through the State
Parks and Recreation Department located in section 3 of township 16 south,
range 12 west of the Willamette Meridian in
La-7-46 943,939 1,052,486
La-7-47 943,813 1,052,591
La-7-48 943,783 1,052,519
La-7-49 943,676 1,052,511
La-7-50 943,595 1,052,712
La-7-51 943,120 1,052,702
La-7-52 942,217 1,052,612
La-7-53 942,188 1,052,505
La-7-54 942,111 1,052,558
La-7-55 941,981 1,052,486
La-7-56 941,899 1,052,578
La-7-57 941,798 1,052,469
La-7-58 941,715 1,052,447
La-7-59 941,651 1,052,520
La-7-60 941,460 1,052,477
La-7-61 940,890 1,052,398
La-7-62 940,849 1,052,347
La-7-63 940,664 1,052,338
La-7-63A 940,377 1,052,331
La-7-63B 940,382 1,052,276
La-7-63C 940,284 1,052,268
La-7-63D 940,276 1,052,323
La-7-64 940,181 1,052,312
La-7-65 939,875 1,052,279
La-7-66 939,480 1,052,244
La-7-67 939,027 1,052,218
La-7-68 938,916 1,052,176
La-7-69 938,856 1,052,086
La-7-70 938,884 1,052,005
La-7-71 938,716 1,051,863
La-7-72 938,638 1,051,843
Description
of Location of Point Number La-7-72: A point near the north boundary of property owned through the State
Parks and Recreation Department located in section 10 of township 16 south,
range 12 west of the Willamette Meridian in
La-7-73 937,638 1,051,964
Description
of Location of Point Number La-7-73: A point near the south boundary of property owned through the State
Parks and Recreation Department located in section 15 of township 16 south,
range 12 west of the Willamette Meridian in
La-7-74 937,203 1,051,900
La-7-75 937,051 1,051,863
La-7-76 936,879 1,051,895
La-7-77 935,785 1,051,799
La-7-78 935,426 1,051,813
La-7-79 935,075 1,052,056
La-7-80 934,880 1,052,081
La-7-81 934,647 1,052,020
La-7-82 934,455 1,051,950
La-7-83 934,615 1,051,784
La-7-84 934,604 1,051,729
La-7-85 934,316 1,051,650
La-7-86 933,430 1,051,561
La-7-87 933,065 1,051,551
Description
of Location of Point Number La-7-87: A point near the north boundary of Muriel O. Ponsler Memorial Wayside
near the section line located between section 15 and section 22 of township 16
south, range 12 west of the Willamette Meridian in
La-7-88 909,858 1,048,853
Description
of Location of Point Number La-7-88: A point near the south end of the headlands south of Sea Lion Point
located in section 10 of township 17 south, range 12 west of the Willamette
Meridian in
La-7-89 909,719 1,048,996
La-7-90 909,664 1,048,883
La-7-91 909,526 1,048,892
La-7-91A 909,413 1,048,940
La-7-91B 909,303 1,048,919
La-7-91C 909,322 1,048,991
La-7-92 909,257 1,049,026
La-7-93 909,074 1,049,036
La-7-94 907,411 1,048,835
La-7-95 907,100 1,048,756
La-7-96 906,424 1,048,703
La-7-97 905,548 1,048,854
La-7-97A 905,279 1,048,958
La-7-98 905,035 1,048,753
La-7-99 904,794 1,048,582
La-7-100 904,606 1,048,539
La-7-101 903,666 1,048,343
La-7-102 902,600 1,048,245
La-7-103 900,865 1,047,986
La-7-104 900,172 1,048,219
La-7-105 900,135 1,048,025
La-7-106 898,793 1,047,704
La-7-107 896,883 1,047,391
La-7-108 895,796 1,047,214
La-7-109 895,503 1,047,145
La-7-110 894,613 1,046,918
La-7-111 893,579 1,046,676
La-7-112 892,821 1,046,624
La-7-113 892,155 1,046,581
La-7-114 891,073 1,046,419
La-7-115 890,910 1,046,252
La-7-116 890,458 1,046,195
La-7-117 890,028 1,046,095
La-7-118 888,538 1,045,834
La-7-119 888,055 1,045,774
La-7-120 887,644 1,045,690
La-7-121 887,261 1,045,648
La-7-122 886,717 1,045,523
La-7-123 886,285 1,045,460
La-7-124 885,473 1,045,302
La-7-125 885,268 1,045,288
La-7-126 884,851 1,045,219
La-7-127 884,298 1,045,109
La-7-128 883,971 1,045,099
La-7-129 883,618 1,044,947
La-7-130 882,889 1,044,796
La-7-131 881,414 1,044,485
La-7-132 880,567 1,044,279
La-7-133 880,258 1,044,200
La-7-134 879,601 1,044,022
La-7-135 879,061 1,043,864
La-7-136 877,970 1,043,710
Description
of Location of Point Number La-7-136: A point near the north jetty of the mouth of the
La-7-137 876,020 1,044,784
La-7-138 875,946 1,044,582
La-7-139 875,798 1,044,454
La-7-140 875,347 1,044,280
La-7-141 874,460 1,044,140
La-7-142 873,380 1,044,014
La-7-143 871,882 1,043,709
La-7-144 870,976 1,043,613
La-7-145 869,960 1,043,487
La-7-146 868,997 1,043,351
La-7-146A 868,331 1,043,221
La-7-147 867,514 1,043,108
La-7-148 866,180 1,042,880
La-7-149 865,019 1,042,725
La-7-150 864,002 1,042,561
La-7-151 862,115 1,042,273
La-7-152 861,496 1,042,182
La-7-153 860,271 1,042,026
La-7-154 858,490 1,041,748
La-7-155 857,800 1,041,633
La-7-156 856,103 1,041,383
La-7-157 855,358 1,041,303
La-7-158 854,148 1,041,117
La-7-159 851,830 1,040,768
La-7-160 851,635 1,040,748
La-7-161 851,199 1,040,880
La-7-162 851,021 1,040,865
La-7-163 850,800 1,040,648
La-7-164 850,355 1,040,527
La-7-164A 849,124 1,040,339
La-7-165 848,907 1,040,274
La-7-166 848,749 1,040,273
La-7-167 846,808 1,039,954
La-7-168 846,243 1,039,937
La-7-169 845,809 1,040,006
La-7-170 845,602 1,039,776
La-7-171 844,723 1,039,621
La-7-172 843,639 1,039,444
La-7-173 842,820 1,039,311
La-7-174 842,031 1,039,177
La-7-175 841,270 1,039,078
La-7-176 840,452 1,038,871
La-7-176A 840,031 1,038,859
La-7-177 839,240 1,038,737
La-7-178 838,171 1,038,563
La-7-179 837,525 1,038,441
La-7-179A 836,715 1,038,307
La-7-180 835,043 1,038,003
La-7-181 834,753 1,037,958
La-7-182 833,479 1,037,720
La-7-183 832,528 1,037,580
La-7-184 831,085 1,037,370
La-7-185 829,836 1,037,172
La-7-186 828,519 1,037,020
La-8-187 828,149 1,037,039
La-8-188 828,028 1,037,333
La-8-189 827,347 1,038,019
La-8-190 827,070 1,037,974
La-8-191 826,655 1,037,788
La-8-191A 825,980 1,037,568
La-8-192 825,744 1,036,688
La-8-193 824,767 1,036,500
La-8-194 823,832 1,036,281
La-8-195 823,335 1,036,182
La-8-196 822,001 1,035,914
Do-8-1 821,695 1,035,859
Description
of Location of Point Number Do-8-1: A point near the
Do-8-2 820,707 1,035,660
Do-8-3 818,732 1,035,340
Do-8-4 817,872 1,035,166
Do-8-5 817,052 1,035,024
Do-8-6 816,253 1,034,884
Do-8-7 815,512 1,034,746
Do-8-8 814,959 1,034,666
Do-8-9 813,504 1,034,423
Do-8-10 812,595 1,034,229
Do-8-11 811,225 1,033,996
Do-8-12 810,555 1,033,850
Do-8-13 810,122 1,033,783
Do-8-14 808,867 1,033,554
Do-8-15 807,868 1,033,385
Do-8-16 807,337 1,033,283
Do-8-17 806,927 1,033,221
Do-8-18 806,152 1,033,077
Do-8-19 805,778 1,032,988
Do-8-20 804,851 1,032,861
Do-8-21 804,260 1,032,873
Do-8-22 803,681 1,032,658
Do-8-23 803,506 1,032,786
Do-8-23A 802,770 1,033,337
Do-8-23B 802,137 1,033,220
Do-8-23C 801,728 1,032,555
Do-8-24 801,155 1,032,391
Do-8-25 801,044 1,032,207
Do-8-26 800,846 1,032,132
Do-8-27 799,332 1,031,776
Do-8-28 798,240 1,031,548
Do-8-29 796,771 1,031,277
Do-8-30 795,799 1,031,068
Do-8-31 793,989 1,030,720
Do-8-32 793,169 1,030,524
Do-8-33 792,296 1,030,361
Do-8-34 791,423 1,030,178
Do-8-35 790,919 1,030,056
Do-8-36 789,882 1,029,848
Do-8-37 788,423 1,029,555
Do-8-38 787,010 1,029,259
Do-8-39 784,545 1,028,739
Do-8-40 784,212 1,028,670
Do-8-41 782,268 1,028,202
Do-8-42 781,537 1,028,084
Do-8-43 780,887 1,027,942
Do-8-44 780,531 1,028,022
Do-8-45 779,988 1,028,136
Do-8-46 778,886 1,027,543
Do-8-47 777,876 1,027,263
Do-8-48 777,208 1,027,140
Do-8-49 774,943 1,026,545
Do-8-50 774,246 1,026,386
Do-8-51 773,335 1,026,124
Do-8-52 772,554 1,025,924
Do-8-52A 772,330 1,025,872
Do-8-53 771,860 1,025,808
Do-8-54 771,055 1,025,594
Do-8-55 770,024 1,025,340
Do-8-56 768,746 1,025,005
Do-8-57 766,998 1,024,590
Do-8-58 766,108 1,024,358
Do-8-59 765,636 1,024,230
Do-8-60 763,627 1,023,692
Do-8-61 762,742 1,023,429
Do-8-62 761,684 1,023,139
Do-8-63 758,957 1,022,333
Do-8-64 758,469 1,022,210
Do-8-65 758,121 1,022,053
Do-8-66 757,279 1,021,800
Do-8-67 757,020 1,021,839
Do-8-68 756,836 1,021,696
Do-8-69 755,763 1,021,249
Do-8-70 755,026 1,021,008
Do-8-71 754,298 1,020,903
Do-8-72 753,767 1,020,697
Do-8-73 753,439 1,020,545
Do-8-74 752,951 1,020,747
Do-8-75 751,017 1,020,655
Do-8-75A 750,243 1,021,078
Do-8-76 749,488 1,020,210
Do-8-77 748,443 1,019,383
Do-8-78 747,158 1,019,192
Description
of Location of Point Number Do-8-78: A point near the north boundary of
Do-8-79 730,871 1,016,121
Description
of Location of Point Number Do-8-79: A point near the
Co-8-1 729,664 1,015,856
Co-8-2 728,936 1,015,655
Co-8-3 728,728 1,015,623
Co-8-4 727,826 1,015,377
Co-8-5 727,278 1,015,258
Co-8-6 724,915 1,014,674
Co-8-7 724,626 1,014,580
Co-8-8 723,853 1,014,368
Co-8-9 722,394 1,014,019
Co-8-10 721,343 1,013,724
Co-8-11 721,060 1,013,669
Co-8-12 719,776 1,013,295
Co-8-13 717,976 1,012,819
Co-8-14 715,485 1,012,136
Co-8-15 714,775 1,011,970
Co-8-16 713,885 1,011,759
Co-8-17 712,681 1,012,474
Co-8-17A 711,651 1,012,064
Co-8-18 711,490 1,011,380
Co-8-19 711,287 1,011,067
Co-8-20 710,228 1,010,672
Co-8-21 708,950 1,010,242
Co-8-22 707,341 1,009,727
Co-8-23 705,667 1,009,233
Co-8-24 703,750 1,008,601
Co-8-25 702,084 1,008,068
Co-8-26 699,008 1,007,083
Co-8-27 697,448 1,006,514
Co-8-28 696,206 1,006,090
Co-8-29 694,708 1,005,610
Co-8-30 693,103 1,005,043
Co-8-31 692,077 1,004,650
Co-8-32 689,886 1,003,889
Co-8-33 688,877 1,003,573
Co-8-34 687,552 1,003,019
Co-8-35 686,230 1,002,532
Co-8-36 685,486 1,002,304
Co-8-37 683,518 1,001,517
Co-8-38 680,557 1,000,380
Co-8-39 679,698 1,000,075
Co-8-40 677,930 999,320
Co-8-41 674,944 998,128
Co-8-42 673,411 997,493
Co-8-43 672,373 997,031
Co-8-44 671,467 996,694
Co-8-45 669,759 995,885
Co-8-46 668,425 995,336
Co-8-47 667,825 995,122
Co-8-48 667,544 994,955
Co-8-49 666,205 994,292
Co-8-50 665,970 994,225
Co-8-51 663,013 992,854
Co-8-52 660,734 991,795
Co-8-53 660,069 991,533
Co-8-54 659,389 991,150
Co-8-55 657,728 990,366
Co-8-56 655,235 989,141
Co-8-57 654,440 988,702
Co-8-58 653,488 988,250
Co-8-59 652,480 987,700
Co-8-60 651,099 986,981
Co-8-61 649,414 986,081
Co-8-62 646,358 984,352
Co-8-63 645,749 984,047
Co-8-64 644,099 983,026
Co-8-65 642,023 981,695
Co-8-66 640,681 980,828
Co-8-67 640,057 980,293
Co-8-68 639,692 980,219
Co-8-69 639,520 980,356
Co-7-70 636,896 979,344
Co-7-70A 636,614 978,908
Co-7-71 636,922 978,633
Co-7-72 636,010 977,777
Co-7-73 635,625 977,638
Co-7-74 635,393 977,275
Co-7-75 635,195 977,077
Co-7-76 634,936 976,733
Co-7-77 634,587 976,559
Co-7-77A 633,981 976,264
Co-7-77B 633,953 975,963
Co-7-77C 634,143 975,869
Co-7-78 634,233 975,610
Co-7-79 634,204 975,372
Co-7-79A 633,977 974,584
Co-7-79B 634,194 974,479
Co-7-80 633,898 974,424
Co-7-81 633,817 974,344
Co-7-82 633,937 974,077
Description
of Location of Point Number Co-7-82: A point near the southeast end of the headlands on the east side of
Yoakam Point located in section 4 of township 26 south, range 14 west of the
Willamette Meridian in Coos County.
Co-7-83 634,269 973,615
Description
of Location of Point Number Co-7-83: A point near the southwest end of the headlands, on the west side of
Yoakam Point located in section 4 of township 26 south, range 14 west of the
Willamette Meridian in Coos County.
Co-7-83A 634,082 973,601
Co-7-83B 634,289 973,472
Co-7-84 634,156 973,500
Co-7-84A 634,031 973,422
Co-7-84B 634,050 973,330
Co-7-85 633,855 973,285
Co-7-86 633,965 973,139
Co-7-87 633,851 973,103
Co-7-88 633,629 972,839
Co-7-89 633,570 972,661
Co-7-90 633,630 972,588
Co-7-91 633,486 972,500
Co-7-92 633,544 972,414
Co-7-93 633,427 972,406
Co-7-94 633,376 972,209
Co-7-95 633,447 972,128
Co-7-96 633,292 972,073
Co-7-97 633,295 971,922
Co-7-97A 633,239 971,731
Co-7-98 633,169 971,619
Co-7-98A 633,192 971,580
Co-7-99 633,177 971,464
Co-7-100 633,123 971,298
Co-7-101 633,133 971,239
Co-7-102 633,087 971,152
Co-7-102A 633,117 971,076
Co-7-103 633,119 970,748
Co-7-103A 633,157 970,678
Co-7-104 633,149 970,563
Co-7-105 633,202 970,551
Co-7-106 633,180 970,465
Co-7-107 633,184 970,383
Co-7-108 633,262 970,330
Co-7-109 633,209 970,234
Co-7-110 633,279 970,284
Co-7-111 633,340 970,280
Description
of Location of Point Number Co-7-111: A point near the southeast end of the headlands on the east side of
Gregory Point located in section 4 of township 26 south, range 14 west of the
Willamette Meridian in Coos County.
Co-7-112 608,676 966,967
Description
of Location of Point Number Co-7-112: A point near the headlands at the north end of Sacchi Beach located in
section 32 of township 26 south, range 14 west of the Willamette Meridian in
Coos County.
Co-7-113 608,553 967,076
Co-7-114 608,289 967,090
Co-7-115 608,179 967,050
Co-7-116 607,903 967,103
Co-7-117 607,628 966,995
Co-7-118 607,410 966,934
Co-7-119 606,877 966,722
Co-7-120 606,760 966,652
Co-7-121 606,645 966,613
Co-7-122 606,027 966,290
Co-7-123 605,748 966,226
Co-7-124 605,182 966,033
Co-7-125 604,655 965,906
Co-7-126 604,515 965,555
Co-7-127 603,978 965,298
Co-7-128 603,724 965,369
Co-7-129 603,649 965,469
Co-7-130 603,508 965,465
Co-7-131 603,389 965,537
Co-7-132 603,221 965,503
Co-7-133 602,888 965,575
Co-7-134 602,650 965,425
Co-7-135 602,087 965,206
Co-7-136 601,893 965,185
Co-7-137 601,186 964,997
Co-7-138 601,067 964,893
Co-7-139 601,021 964,797
Co-7-140 600,922 964,740
Co-7-141 600,470 964,612
Co-7-142 600,455 964,661
Co-7-142A 600,071 964,652
Co-7-142B 599,897 964,617
Co-7-143 599,738 964,644
Co-7-144 598,717 964,387
Co-7-145 597,922 964,202
Co-7-146 596,609 963,901
Description
of Location of Point Number Co-7-146: A point near the north boundary of Seven Devils Ocean Wayside located
in section 17 of township 27 south, range 14 west of the Willamette Meridian in
Coos County.
Co-7-147 595,213 963,487
Description
of Location of Point Number Co-7-147: A point near the south boundary of Seven Devils Ocean Wayside located
in section 17 of township 27 south, range 14 west of the Willamette Meridian in
Coos County.
Co-7-148 594,314 963,289
Co-7-149 594,046 963,201
Co-7-150 593,895 963,182
Co-7-151 593,779 963,097
Co-7-152 593,565 963,103
Co-7-153 593,028 962,935
Co-7-154 592,633 962,887
Co-7-155 591,719 962,643
Co-7-156 590,974 962,354
Co-7-157 590,518 962,076
Co-7-158 590,387 961,812
Co-7-159 590,082 962,020
Co-7-160 589,739 962,163
Co-7-161 589,390 962,214
Co-7-162 589,181 962,122
Co-7-163 589,030 962,216
Co-7-164 588,994 962,326
Co-7-165 588,874 962,430
Co-7-166 588,522 962,518
Co-7-167 587,762 962,569
Co-7-168 587,311 962,505
Co-7-169 586,932 962,514
Co-7-170 584,508 962,011
Co-7-171 584,006 961,931
Co-7-172 583,067 961,700
Co-7-173 581,949 961,437
Co-7-174 581,179 961,231
Co-7-175 580,403 961,047
Co-7-176 577,758 960,367
Co-7-177 577,356 960,253
Co-7-178 576,745 960,026
Description
of Location of Point Number Co-7-178: A point near the north boundary of Bullards Beach State Park located
near the section line between section 31 of township 27 south, range 14 west of
the Willamette Meridian and section 6 of township 28 south, range 14 west of
the Willamette Meridian in Coos County.
Co-7-179 555,762 952,779
Description
of Location of Point Number Co-7-179: A point near the north jetty at the mouth of the Coquille River
located in section 25 of township 28 south, range 15 west of the Willamette
Meridian in Coos County.
Co-7-180 555,175 951,991
Co-7-181 554,780 951,830
Co-7-182 553,788 951,192
Co-7-183 553,471 950,888
Co-7-184 553,041 950,429
Co-7-185 552,360 949,847
Co-7-186 552,218 949,659
Co-7-187 552,103 949,891
Co-7-188 551,837 950,159
Co-7-189 551,431 950,406
Co-7-190 551,116 950,464
Co-7-191 550,861 950,457
Co-7-192 550,604 950,437
Co-7-193 550,337 950,321
Co-7-194 550,057 950,249
Co-7-195 549,837 950,092
Co-7-196 549,618 950,060
Co-7-197 549,516 949,955
Co-7-198 549,384 949,927
Co-7-199 549,282 949,968
Co-7-200 549,124 949,939
Description
of Location of Point Number Co-7-200: A point near the north boundary of Bandon Ocean Wayside located near
the section line between section 35 and section 36 of township 28 south, range
15 west of the Willamette Meridian in Coos County.
Co-7-201 548,632 950,177
Description
of Location of Point Number Co-7-201: A point near the south boundary of Bandon Ocean Wayside located in
section 36 of township 28 south, range 15 west of the Willamette Meridian in
Coos County.
Co-7-202 548,492 950,207
Co-7-203 548,380 950,151
Co-7-204 548,264 950,206
Co-7-205 548,254 950,325
Co-7-206 548,186 950,339
Co-7-207 548,009 950,528
Co-7-208 547,406 950,729
Co-7-209 547,161 950,718
Co-7-210 546,508 950,752
Co-7-211 546,006 950,673
Co-7-212 545,859 950,712
Co-7-213 545,715 950,683
Co-7-214 545,628 950,615
Co-7-215 545,217 950,577
Co-7-216 545,023 950,598
Co-7-216A 544,709 950,664
Co-7-217 544,548 950,878
Co-7-218 544,373 950,554
Co-7-219 543,977 950,255
Co-7-220 543,175 949,972
Co-7-221 542,945 949,972
Co-7-222 542,866 949,909
Co-7-223 542,547 949,822
Co-7-224 542,416 949,831
Co-7-225 542,342 949,615
Co-7-226 542,282 949,710
Co-7-227 541,931 949,649
Co-7-228 541,758 949,563
Co-7-229 541,677 949,554
Description
of Location of Point Number Co-7-229: A point near the north boundary of Bandon State Park located near the
section line between section 1 and section 2 of township 29 south, range 15
west of the Willamette Meridian in Coos County.
Co-7-230 520,295 944,832
Description
of Location of Point Number Co-7-230: A point near the south boundary of Bandon State Park located in
section 26 of township 29 south, range 15 west of the Willamette Meridian in
Coos County.
Co-7-231 519,372 944,584
Co-7-232 519,139 944,554
Co-7-233 518,732 944,354
Co-7-234 518,351 944,228
Co-7-235 517,872 944,106
Co-7-236 517,379 944,081
Co-7-237 517,197 944,024
Co-7-238 516,932 943,828
Co-7-239 516,537 943,820
Co-7-240 516,140 943,566
Co-7-241 515,878 943,482
Co-7-242 514,876 943,184
Co-7-243 513,787 943,654
Co-7-244 513,009 943,264
Co-7-245 512,191 942,822
Co-7-246 510,958 942,457
Co-7-247 510,505 942,237
Co-7-248 509,957 942,116
Co-7-249 509,541 942,146
Co-7-250 508,792 941,921
Co-7-251 508,381 941,799
Co-7-252 507,732 941,713
Co-7-253 506,891 941,505
Co-7-253A 506,462 941,413
Co-7-253B 506,246 941,247
Co-7-254 505,354 940,985
Co-7-255 504,775 940,629
Co-7-256 504,290 940,429
Co-7-257 503,786 940,333
Co-7-257A 502,977 940,049
Co-7-257B 502,502 939,827
Co-7-257C 501,568 939,701
Co-7-258 500,604 939,306
Co-7-258A 500,169 939,262
Co-7-258B 498,906 938,349
Co-7-258C 497,858 937,804
Co-7-259 497,372 937,629
Co-7-259A 496,995 937,388
Co-7-259B 496,704 937,274
Co-7-260 495,258 936,546
Co-7-260A 494,866 936,458
Co-7-261 494,435 936,200
Description
of Location of Point Number Co-7-261: A point near the Coos-Curry County line located near the section line
between section 21 of township 30 south, range 15 west of the Willamette
Meridian in Coos County and section 28 of township 30 south, range 15 west of
the Willamette Meridian in Curry County.
Cu-7-1 494,269 936,197
Cu-7-1A 492,997 935,582
Cu-7-1B 492,724 935,524
Cu-7-1C 492,161 935,220
Cu-7-1D 491,652 935,056
Cu-7-2 491,102 934,739
Cu-7-3 490,807 934,692
Cu-7-3A 489,619 933,791
Cu-7-4 488,165 933,379
Cu-7-4A 487,538 933,092
Cu-7-5 486,942 932,870
Cu-7-6 486,037 932,272
Cu-7-6A 485,602 932,037
Cu-7-7 485,134 931,874
Cu-7-8 483,852 931,217
Cu-7-9 483,031 930,687
Cu-7-10 482,079 930,304
Cu-7-11 481,624 930,048
Cu-7-12 481,116 929,839
Cu-7-13 480,954 929,721
Cu-7-14 480,886 929,576
Cu-7-15 480,564 929,341
Cu-7-16 480,217 928,860
Cu-7-17 480,122 928,700
Cu-7-18 479,910 928,435
Cu-7-19 479,060 927,987
Cu-7-20 477,708 927,259
Cu-7-21 477,184 926,960
Cu-7-22 476,933 926,833
Cu-7-23 476,453 926,519
Cu-7-24 475,128 925,801
Cu-7-25 474,536 925,461
Description
of Location of Point Number Cu-7-25: A point near the north boundary of
Cu-7-26 460,789 918,140
Description
of Location of Point Number Cu-7-26: A point near the south boundary of
Cu-7-27 459,979 917,628
Cu-7-27A 459,587 917,079
Cu-7-28 458,933 917,257
Cu-7-28A 458,345 916,603
Cu-7-29 458,318 916,281
Cu-7-30 457,743 916,020
Cu-7-31 457,243 915,713
Cu-7-32 456,847 915,413
Cu-7-33 456,546 915,235
Cu-7-34 455,650 914,957
Cu-7-35 455,367 914,795
Cu-7-36 454,864 914,510
Cu-7-37 454,408 914,160
Cu-7-38 454,311 914,127
Cu-7-39 454,138 913,983
Cu-7-40 453,926 913,695
Cu-7-41 453,771 913,579
Cu-7-42 453,663 913,416
Cu-7-43 453,523 913,219
Cu-7-44 453,473 913,101
Cu-7-45 453,421 912,999
Cu-7-46 453,397 912,848
Cu-7-47 453,307 912,762
Cu-7-48 453,310 912,692
Cu-7-49 453,253 912,591
Cu-7-50 453,180 912,165
Cu-7-51 453,152 911,780
Cu-7-52 453,254 911,495
Cu-7-53 453,326 911,275
Cu-7-54 453,460 911,156
Description
of Location of Point Number Cu-7-54: A point near the east end of the headlands on the northeast side of
Cape Blanco located in section 2 of township 32 south, range 16 west of the
Willamette Meridian in Curry County.
Cu-7-55 452,117 910,664
Description
of Location of Point Number Cu-7-55: A point near the east end of the headlands on the southeast side of
Cape Blanco located in section 2 of township 32 south, range 16 west of the
Willamette Meridian in Curry County.
Cu-7-56 452,107 910,814
Cu-7-57 452,002 911,078
Cu-7-58 451,734 911,201
Cu-7-59 451,988 911,384
Cu-7-60 452,030 911,494
Cu-7-61 452,015 911,644
Cu-7-62 451,734 912,301
Cu-7-63 451,615 912,450
Cu-7-64 451,576 912,565
Cu-7-65 451,492 912,683
Cu-7-66 451,264 912,951
Cu-7-67 450,946 913,303
Cu-7-68 450,721 913,517
Cu-7-69 450,608 913,599
Cu-7-70 450,540 913,682
Cu-7-71 450,162 913,972
Cu-7-72 449,475 914,516
Cu-7-73 449,417 914,584
Cu-7-74 449,147 914,805
Cu-7-75 448,724 915,150
Cu-7-76 448,634 915,187
Cu-7-77 448,533 915,272
Cu-7-78 448,435 915,325
Cu-7-79 448,362 915,436
Cu-7-80 448,183 915,529
Cu-7-81 448,239 915,612
Cu-7-82 448,020 915,796
Cu-7-83 447,281 916,347
Cu-7-84 447,226 916,415
Cu-7-85 447,003 916,569
Cu-7-86 446,798 916,723
Cu-7-87 446,483 916,915
Cu-7-88 445,956 917,175
Cu-7-89 445,494 917,383
Cu-7-90 444,827 917,614
Cu-7-91 444,440 917,838
Cu-7-92 444,271 917,881
Cu-7-93 444,145 918,032
Cu-7-94 443,659 918,220
Cu-7-95 443,409 918,340
Cu-7-96 443,151 918,543
Cu-7-97 443,003 918,630
Cu-7-98 442,763 918,949
Cu-7-99 442,510 919,118
Cu-7-100 442,270 919,228
Cu-7-101 441,914 919,360
Cu-7-102 441,670 919,431
Cu-7-103 441,460 919,429
Cu-7-104 441,310 919,539
Cu-7-105 440,732 919,662
Cu-7-106 440,669 919,708
Cu-7-107 440,538 919,741
Cu-7-108 440,220 919,912
Cu-7-109 439,753 920,115
Cu-7-110 439,262 920,242
Cu-7-111 438,471 920,351
Cu-7-112 438,351 920,385
Cu-7-113 437,983 920,477
Cu-7-114 437,654 920,618
Cu-7-115 437,160 920,983
Cu-7-115A 436,738 920,855
Cu-7-115B 436,393 920,841
Cu-7-115C 435,898 920,940
Cu-7-116 435,598 920,933
Cu-7-117 434,950 921,233
Cu-7-117A 434,721 921,074
Cu-7-118 434,425 921,091
Cu-7-119 432,881 920,925
Cu-7-120 432,240 920,985
Cu-7-121 431,820 921,030
Cu-7-122 431,222 921,095
Cu-7-123 430,698 921,141
Cu-7-124 429,964 921,198
Cu-7-125 429,404 921,250
Cu-7-126 429,064 921,277
Cu-7-127 428,608 921,329
Cu-7-128 427,876 921,437
Cu-7-129 427,588 921,493
Cu-7-130 427,138 921,552
Cu-7-131 426,625 921,618
Cu-7-132 426,249 921,697
Cu-7-133 425,467 921,779
Cu-7-134 425,094 921,840
Cu-7-135 423,993 922,034
Cu-7-136 422,788 922,252
Cu-7-137 421,853 922,429
Cu-7-138 420,941 922,654
Cu-7-139 420,101 922,802
Cu-7-140 419,416 922,851
Cu-7-141 418,960 922,865
Cu-7-142 418,592 922,781
Cu-7-143 418,496 922,860
Cu-7-144 418,385 922,891
Cu-7-145 418,349 922,984
Cu-7-146 418,367 923,067
Cu-7-147 418,201 923,092
Cu-7-148 418,115 923,013
Cu-7-149 418,111 922,682
Cu-7-150 418,049 922,580
Cu-7-151 417,545 922,553
Cu-7-152 417,411 922,632
Cu-7-153 417,264 922,485
Cu-7-154 417,166 922,469
Cu-7-155 417,174 922,401
Description
of Location of Point Number Cu-7-155: A point near the north end of the headlands on the north side of The
Heads at Port Orford located in section 6 of township 33 south, range 15 west
of the Willamette Meridian in
Cu-7-156 417,164 926,366
Description
of Location of Point Number Cu-7-156: A point near the east end of the headlands at Graveyard Point located
in section 5 of township 33 south, range 15 west of the Willamette Meridian in
Curry County.
Cu-7-157 417,377 926,537
Cu-7-158 417,522 926,867
Cu-7-159 417,575 927,163
Cu-7-160 417,534 927,457
Cu-7-161 417,280 927,591
Cu-7-162 417,293 927,687
Cu-7-163 417,496 927,929
Cu-7-164 417,663 928,027
Cu-7-165 417,684 928,143
Cu-7-166 417,693 928,354
Cu-7-167 417,677 928,529
Description
of Location of Point Number Cu-7-167: A point near the north boundary of property owned through the State
Parks and Recreation Department located in section 4 of township 33 south,
range 15 west of the Willamette Meridian in
Cu-7-167A 415,194 932,338
Description
of Location of Point Number Cu-7-167A: A point near the south boundary of property owned through the State
Parks and Recreation Department and near Hubbard Creek located in section 9 of
township 33 south, range 15 west of the Willamette Meridian in
Cu-7-167B 414,837 932,459
Cu-7-167C 414,465 932,723
Cu-7-167D 414,393 932,841
Cu-7-167E 414,074 933,166
Description
of Location of Point Number Cu-7-167E: A point near the north boundary of property owned through the State
Parks and Recreation Department located near the section line between section 9
and section 10 of township 33 south, range 15 west of the Willamette Meridian
in
Cu-7-168 387,665 946,358
Description
of Location of Point Number Cu-7-168: A point near the south end of the headlands at
Cu-7-169 387,513 946,975
Cu-7-170 387,317 947,324
Cu-7-171 386,789 947,744
Cu-7-172 386,635 947,941
Cu-7-173 386,522 947,888
Cu-7-174 385,894 948,151
Description
of Location of Point Number Cu-7-174: A point near the north boundary of property owned through the State
Parks and Recreation Department located in section 6 of township 34 south,
range 14 west of the Willamette Meridian in
Cu-7-175 372,047 950,729
Description
of Location of Point Number Cu-7-175: A point near the south end of the first headlands south of Lookout
Rock located in section 19 of township 34 south, range 14 west of the
Willamette Meridian in
Cu-7-176 372,002 950,847
Cu-7-177 371,704 951,058
Cu-7-178 371,593 951,098
Cu-7-179 371,013 951,190
Cu-7-180 371,011 951,243
Cu-7-181 370,627 951,250
Cu-7-182 370,015 951,386
Cu-7-182A 369,639 951,391
Cu-7-183 369,389 951,143
Cu-7-184 369,322 951,076
Cu-7-185 368,854 950,922
Cu-7-186 368,488 950,650
Cu-7-187 368,297 950,580
Cu-7-188 367,647 950,767
Cu-7-189 366,689 950,737
Cu-7-190 366,317 950,658
Cu-7-191 366,138 950,541
Cu-7-192 365,769 950,590
Cu-7-193 365,508 950,586
Cu-7-194 365,101 950,335
Cu-7-195 364,751 950,302
Cu-7-196 364,387 950,403
Description
of Location of Point Number Cu-7-196: A point near the north boundary of property owned through the State
Parks and Recreation Department located in section 30 of township 34 south,
range 14 west of the Willamette Meridian in
Cu-7-197 362,813 950,030
Description
of Location of Point Number Cu-7-197: A point near the south boundary of property owned through the State
Parks and Recreation Department located in section 31 of township 34 south,
range 14 west of the Willamette Meridian in
Cu-7-198 362,702 949,975
Cu-7-199 362,664 949,867
Cu-7-200 362,399 949,498
Cu-7-201 362,444 949,369
Description
of Location of Point Number Cu-7-201: A point near the north end of the headlands at Sisters Rocks located
in section 31 of township 34 south, range 14 west of the Willamette Meridian in
Cu-7-202 361,997 949,593
Description
of Location of Point Number Cu-7-202: A point near the east end of the headlands on the south side of
Sisters Rocks located in section 31 of township 34 south, range 14 west of the
Willamette Meridian in Curry County.
Cu-7-203 362,121 949,727
Cu-7-204 362,173 949,869
Cu-7-205 362,160 949,970
Cu-7-206 361,999 950,165
Cu-7-207 361,969 950,430
Cu-7-208 361,510 950,798
Cu-7-209 361,292 950,853
Cu-7-210 361,122 950,953
Cu-7-211 360,606 951,087
Cu-7-212 360,459 951,114
Cu-7-213 360,517 951,183
Cu-7-214 360,450 951,314
Cu-7-215 360,134 951,451
Cu-7-216 360,012 951,442
Cu-7-217 359,587 951,452
Cu-7-218 359,368 951,721
Cu-7-219 359,145 951,794
Description
of Location of Point Number Cu-7-219: A point near the north boundary of property owned through the State
Parks and Recreation Department located in section 32 of township 34 south,
range 14 west of the Willamette Meridian in
Cu-7-220 357,690 952,165
Description
of Location of Point Number Cu-7-220: A point near the south boundary of property owned through the State
Parks and Recreation Department located in section 5 of township 35 south,
range 14 west of the Willamette Meridian in
Cu-7-221 357,476 952,176
Cu-7-221A 357,111 952,003
Cu-7-221B 356,695 951,879
Cu-7-222 356,625 951,808
Cu-7-222A 356,493 951,585
Cu-7-222B 356,263 951,649
Cu-7-222C 356,323 951,775
Cu-7-223 356,455 951,847
Cu-7-224 356,487 952,018
Cu-7-225 356,391 952,207
Description
of Location of Point Number Cu-7-225: A point near the north boundary of property owned through the State
Parks and Recreation Department located in section 5 of township 35 south,
range 14 west of the Willamette Meridian in
Cu-7-226 354,226 952,943
Description
of Location of Point Number Cu-7-226: A point near the south boundary of property owned through the State
Parks and Recreation Department located in section 5 of township 35 south,
range 14 west of the Willamette Meridian in
Cu-7-226A 353,863 952,893
Cu-7-226B 353,626 952,933
Cu-7-227 353,146 952,852
Cu-7-228 353,058 952,718
Cu-7-229 352,840 952,706
Cu-7-230 352,633 952,769
Cu-7-231 351,862 952,627
Cu-7-232 351,477 952,632
Cu-7-232A 350,538 952,721
Cu-7-232B 349,420 952,752
Cu-7-233 349,083 952,680
Cu-7-234 348,478 952,367
Cu-7-234A 348,283 952,216
Cu-7-234B 348,268 952,170
Cu-7-234C 348,210 952,173
Cu-7-234D 348,060 952,066
Cu-7-235 348,028 951,988
Cu-7-235A 347,971 951,987
Cu-7-235B 347,787 951,883
Cu-7-235C 347,785 951,844
Cu-7-235D 347,741 951,853
Cu-7-236 347,644 951,774
Description
of Location of Point Number Cu-7-236: A point near the north boundary of property owned through the State
Parks and Recreation Department and located near the section line between
section 8 and section 17 of township 35 south, range 14 west of the Willamette
Meridian in
Cu-7-237 333,550 946,491
Description
of Location of Point Number Cu-7-237: A point near the south boundary of property owned through the State
Parks and Recreation Department located in section 30 of township 35 south,
range 14 west of the Willamette Meridian in
Cu-7-237A 333,494 946,351
Cu-7-238 333,300 946,191
Cu-7-239 332,866 946,032
Cu-7-240 332,566 945,795
Cu-7-241 332,146 945,613
Cu-7-242 331,983 945,634
Cu-7-243 331,576 945,411
Cu-7-244 331,475 945,311
Cu-7-245 330,699 944,933
Cu-7-246 330,397 944,802
Cu-7-247 330,267 944,738
Cu-7-248 330,042 944,681
Cu-7-249 329,435 944,417
Cu-7-250 329,020 944,195
Cu-7-251 328,553 943,911
Cu-7-252 328,291 943,737
Cu-7-253 328,223 943,648
Cu-7-254 327,927 943,419
Cu-7-255 327,780 943,235
Cu-7-256 327,620 943,178
Cu-7-257 327,429 943,048
Cu-7-258 327,406 942,965
Description
of Location of Point Number Cu-7-258: A point near the north end of the first headlands south of
Cu-7-259 327,129 943,003
Description
of Location of Point Number Cu-7-259: A point near the south end of the first headlands south of
Cu-7-260 327,142 943,114
Cu-7-261 327,108 943,217
Cu-7-262 326,970 943,331
Cu-7-263 326,722 943,382
Cu-7-264 326,467 943,198
Cu-7-265 326,241 943,072
Cu-7-266 325,990 943,172
Cu-7-267 325,794 943,124
Cu-7-268 325,798 943,026
Description
of Location of Point Number Cu-7-268: A point near the north end of the headlands west of
Cu-7-269 325,323 943,307
Description
of Location of Point Number Cu-7-269: A point near the south end of the headlands west of
Cu-7-270 325,296 943,418
Cu-7-271 325,230 943,486
Cu-7-272 324,897 943,617
Cu-7-273 324,613 943,583
Cu-7-274 323,664 943,235
Cu-7-275 323,431 943,126
Cu-7-276 322,581 942,873
Cu-7-277 322,427 942,803
Cu-7-278 322,251 942,654
Cu-7-279 322,155 942,643
Cu-7-280 321,834 942,541
Cu-7-281 321,401 942,493
Cu-7-282 321,303 942,516
Cu-7-283 321,162 942,457
Cu-7-284 320,966 942,548
Cu-7-285 320,879 942,553
Cu-7-286 320,735 942,469
Cu-7-287 320,662 942,356
Cu-7-288 320,706 942,189
Description
of Location of Point Number Cu-7-288: A point near the north end of the headlands on the north side of
Hubbard Mound located in section 12 of township 36 south, range 15 west of the
Willamette Meridian in
Cu-7-289 319,993 942,104
Description
of Location of Point Number Cu-7-289: A point near the south end of the headlands on the south side of
Hubbard Mound located in section 12 of township 36 south, range 15 west of the
Willamette Meridian in
Cu-7-290 319,969 942,269
Cu-7-291 319,871 942,369
Cu-7-292 319,716 942,455
Cu-7-293 319,658 942,530
Cu-7-294 319,339 942,693
Cu-7-295 318,872 942,734
Cu-7-296 318,543 942,722
Cu-7-297 318,142 942,591
Cu-7-298 318,097 942,673
Cu-7-299 317,962 942,733
Cu-7-300 317,655 942,687
Cu-7-301 317,489 942,581
Cu-7-302 317,207 942,446
Cu-7-303 317,083 942,404
Cu-7-304 316,624 942,415
Cu-7-305 316,508 942,342
Cu-7-306 316,249 942,464
Cu-7-307 316,067 942,452
Cu-7-308 315,770 942,318
Cu-7-309 315,502 942,118
Cu-7-310 315,456 942,061
Description
of Location of Point Number Cu-7-310: A point near the north end of the headlands on the north side of Otter
Point located in section 13 of township 36 south, range 15 west of the
Willamette Meridian in
Cu-7-311 314,647 942,005
Description
of Location of Point Number Cu-7-311: A point near the south end of the headlands on the south side of Otter
Point located in section 13 of township 36 south, range 15 west of the
Willamette Meridian in
Cu-7-312 314,646 942,186
Cu-7-313 314,446 942,420
Cu-7-314 314,281 942,516
Description
of Location of Point Number Cu-7-314: A point near the north boundary of property owned through the State
Parks and Recreation Department located in section 13 of township 36 south,
range 15 west of the Willamette Meridian in
Cu-7-315 311,671 941,575
Description
of Location of Point Number Cu-7-315: A point near the south boundary of property owned through the State
Parks and Recreation Department located in section 13 of township 36 south,
range 15 west of the Willamette Meridian in
Cu-7-316 311,148 941,107
Cu-7-317 310,653 940,806
Cu-7-318 310,462 940,576
Cu-7-319 309,914 940,219
Cu-7-320 309,762 940,223
Cu-7-321 309,704 940,033
Cu-7-322 309,061 939,705
Cu-7-323 308,802 939,615
Cu-7-324 308,759 939,502
Cu-7-325 308,405 939,278
Cu-7-326 307,772 938,993
Cu-7-327 307,297 938,681
Cu-7-328 306,432 938,442
Cu-7-329 305,981 938,395
Cu-7-330 305,681 938,412
Cu-7-331 303,769 938,681
Cu-7-332 303,158 938,841
Cu-7-333 301,995 939,029
Cu-7-334 301,380 939,121
Cu-7-335 300,895 939,188
Cu-7-336 300,624 939,280
Cu-7-337 299,561 940,144
Cu-7-338 299,278 940,253
Cu-7-339 298,493 940,355
Cu-7-340 298,023 940,373
Cu-7-341 297,112 940,531
Cu-7-342 296,463 940,567
Cu-7-343 296,190 940,557
Cu-7-344 295,912 940,563
Cu-7-345 295,542 940,675
Cu-7-346 295,184 940,661
Cu-7-347 294,436 940,637
Cu-7-348 293,721 940,721
Cu-7-349 293,103 940,677
Cu-7-350 292,924 940,726
Cu-7-351 292,754 940,655
Cu-7-352 292,555 940,699
Cu-7-353 292,331 940,649
Cu-7-354 291,538 940,671
Cu-7-355 290,969 940,618
Cu-7-356 290,488 940,639
Cu-7-357 289,821 940,602
Cu-7-358 289,127 940,603
Cu-7-359 288,874 940,656
Cu-7-360 288,782 940,825
Cu-7-361 288,451 940,821
Cu-7-362 288,296 940,866
Cu-7-363 287,858 940,876
Description
of Location of Point Number Cu-7-363: A point near the north boundary of property owned through the State
Parks and Recreation Department located in section 12 of township 37 south,
range 15 west of the Willamette Meridian in
Cu-7-364 283,800 940,465
Description
of Location of Point Number Cu-7-364: A point near the south boundary of Buena Vista Ocean Wayside located
in section 13 of township 37 south, range 15 west of the Willamette Meridian in
Cu-7-365 282,516 940,370
Cu-7-366 282,438 940,462
Cu-7-367 282,176 940,320
Cu-7-368 282,064 940,292
Cu-7-369 281,788 940,445
Cu-7-370 281,665 940,291
Cu-7-371 281,395 940,250
Cu-7-372 281,221 940,363
Cu-7-373 281,096 940,249
Cu-7-374 280,653 940,150
Cu-7-375 280,355 940,255
Cu-7-376 280,226 940,089
Cu-7-377 279,929 940,062
Cu-7-378 279,622 940,290
Cu-7-379 279,513 940,014
Cu-7-380 279,232 939,978
Cu-7-381 278,950 940,192
Cu-7-382 278,891 940,095
Description
of Location of Point Number Cu-7-382: A point near the north boundary of
Cu-7-383 274,342 939,579
Description
of Location of Point Number Cu-7-383: A point near the south boundary of
Cu-7-384 273,523 939,403
Cu-7-385 273,238 939,357
Cu-7-386 272,272 939,252
Cu-7-387 271,793 939,200
Cu-7-388 271,676 939,279
Cu-7-389 271,153 939,118
Cu-7-390 270,856 939,215
Cu-7-391 270,695 939,168
Cu-7-392 270,576 939,067
Cu-7-393 270,530 938,848
Description
of Location of Point Number Cu-7-393: A point near the north end of the headlands on the north side of
Cu-7-394 252,193 943,857
Description
of Location of Point Number Cu-7-394: A point near the south boundary of
Cu-7-395 251,337 943,988
Cu-7-396 250,834 943,982
Cu-7-397 250,150 943,917
Cu-7-398 249,456 943,857
Cu-7-399 249,221 943,848
Cu-7-400 248,941 943,837
Description
of Location of Point Number Cu-7-400: A point near the north boundary of
Cu-7-401 237,990 941,097
Description
of Location of Point Number Cu-7-401: A point near the east end of the headlands on the southeast side of
Crook Point located in section 30 of township 38 south, range 14 west of the
Willamette Meridian in Curry County.
Cu-7-402 238,002 941,155
Cu-7-403 237,911 941,355
Cu-7-404 237,763 941,532
Cu-7-405 237,760 941,572
Cu-7-406 237,668 941,620
Cu-7-407 237,678 941,691
Cu-7-408 237,443 941,869
Cu-7-409 237,132 942,050
Cu-7-410 237,039 942,168
Cu-7-411 236,964 942,398
Cu-7-412 236,877 942,491
Cu-7-413 236,760 942,718
Cu-7-414 236,379 942,999
Cu-7-415 236,173 943,040
Cu-7-416 236,194 943,117
Cu-7-417 236,080 943,272
Cu-7-418 235,875 943,438
Cu-7-419 235,756 943,434
Cu-7-420 235,362 943,676
Cu-7-421 235,067 943,889
Cu-7-422 234,713 944,091
Cu-7-423 234,438 944,109
Cu-7-424 234,202 944,131
Cu-7-425 233,875 944,273
Cu-7-426 233,767 944,603
Cu-7-426A 233,796 944,765
Cu-7-427 233,751 944,956
Cu-7-428 233,658 945,132
Cu-7-429 233,426 945,412
Cu-7-430 233,190 945,531
Cu-7-431 232,977 945,586
Cu-7-432 232,849 945,773
Cu-7-433 232,791 945,872
Cu-7-434 232,500 946,110
Cu-7-435 232,162 946,219
Cu-7-436 231,955 946,251
Cu-7-437 231,935 946,363
Cu-7-438 231,796 946,495
Cu-7-439 231,567 946,582
Cu-7-440 231,481 946,552
Description
of Location of Point Number Cu-7-440: A point near the north end of the headlands north of Burnt Hill Creek
located in section 5 of township 39 south, range 14 west of the Willamette
Meridian in
Cu-7-441 230,977 947,008
Description
of Location of Point Number Cu-7-441: A point near the south end of the headlands north of Burnt Hill Creek
located in section 5 of township 39 south, range 14 west of the Willamette
Meridian in
Cu-7-442 231,019 947,130
Cu-7-443 230,972 947,316
Cu-7-444 230,895 947,402
Cu-7-445 230,752 947,520
Cu-7-446 230,697 947,583
Cu-7-447 230,628 947,614
Cu-7-448 230,477 947,633
Cu-7-449 230,135 947,791
Cu-7-450 229,994 947,781
Cu-7-451 229,919 947,725
Description
of Location of Point Number Cu-7-451: A point near the north end of the headlands near the north boundary of
Cu-7-452 177,049 960,075
Description
of Location of Point Number Cu-7-452: A point near the south end of the headlands near the south boundary of
Cu-7-453 176,938 960,255
Cu-7-454 176,778 960,301
Cu-7-455 176,776 960,437
Cu-7-456 176,688 960,619
Cu-7-457 176,723 960,706
Cu-7-457A 176,616 960,798
Cu-7-458 176,725 960,970
Cu-7-459 176,621 961,227
Description
of Location of Point Number Cu-7-459: A point near the north boundary of property owned through the State
Parks and Recreation Department located in section 26 of township 40 south,
range 14 west of the Willamette Meridian in
Cu-7-460 175,617 962,284
Description
of Location of Point Number Cu-7-460: A point near the south boundary of property owned through the State
Parks and Recreation Department located in section 26 of township 40 south,
range 14 west of the Willamette Meridian in
Cu-7-461 175,336 962,456
Cu-7-462 175,076 962,452
Cu-7-463 174,992 962,337
Cu-7-464 174,936 962,390
Cu-7-465 174,996 962,494
Cu-7-466 174,970 962,593
Cu-7-467 174,815 962,691
Cu-7-468 174,652 962,717
Cu-7-469 174,604 962,765
Cu-7-470 174,344 962,837
Cu-7-470A 174,254 962,835
Cu-7-471 174,119 962,857
Cu-7-472 173,877 963,022
Cu-7-473 173,421 963,236
Cu-7-474 173,343 963,406
Cu-7-475 172,855 963,444
Cu-7-476 172,833 963,492
Cu-7-477 172,571 963,517
Cu-7-478 172,417 963,455
Cu-7-479 172,156 963,399
Cu-7-480 171,905 963,355
Cu-7-481 171,841 963,486
Cu-7-482 171,808 963,616
Cu-7-483 171,692 963,608
Cu-7-484 171,548 963,525
Cu-7-485 171,508 963,583
Cu-7-486 171,466 963,796
Cu-7-487 171,338 963,936
Cu-7-488 171,006 963,958
Cu-7-489 170,889 964,062
Cu-7-490 170,615 964,243
Cu-7-490A 170,488 964,371
Cu-7-490B 170,355 964,425
Cu-7-490C 170,244 964,513
Cu-7-491 170,247 964,622
Cu-7-492 170,159 964,671
Cu-7-493 170,070 964,634
Description
of Location of Point Number Cu-7-493: A point near the north boundary of
Cu-7-494 167,853 967,675
Description
of Location of Point Number Cu-7-494:
A point near the
south boundary of
Park located in
section 1 of township 41 south, range 14
west of the
Willamette Meridian in
Cu-7-495 167,343 967,740
Cu-7-496 167,165 967,873
Cu-7-497 167,182 968,104
Cu-7-498 167,085 968,102
Cu-7-499 166,970 967,980
Cu-7-500 166,890 968,034
Cu-7-501 166,964 968,161
Cu-7-502 166,670 968,413
Cu-7-503 166,255 968,316
Cu-7-504 166,208 968,417
Cu-7-505 166,058 968,514
Cu-7-506 165,819 968,568
Cu-7-507 165,408 968,579
Cu-7-508 165,297 968,503
Cu-7-509 165,316 968,399
Cu-7-510 165,020 968,444
Cu-7-511 165,071 968,490
Cu-7-512 165,053 968,567
Cu-7-513 164,962 968,643
Description
of Location of Point Number Cu-7-513: A point at the north end of the headlands just west of
Cu-7-514 164,204 968,716
Description
of Location of Point Number Cu-7-514: A point near the south end of the headlands just west of
Cu-7-515 164,065 968,790
Cu-7-516 163,964 968,738
Description
of Location of Point Number Cu-7-516: A point near the north end of the headlands west of
Cu-7-517 163,616 969,413
Description
of Location of Point Number Cu-7-517: A point near the south end of the first headlands north of Chetco
Point located in section 6 of township 41 south, range 13 west of the
Willamette Meridian in
Cu-7-518 163,660 969,483
Cu-7-519 163,496 969,623
Cu-7-520 163,239 969,733
Cu-7-521 163,141 969,816
Cu-7-522 162,930 969,884
Cu-7-523 162,846 970,003
Cu-7-524 162,822 970,636
Cu-7-525 162,636 971,054
Cu-7-526 162,516 971,217
Cu-7-527 162,288 971,353
Cu-7-528 162,091 971,398
Cu-7-529 161,990 971,371
Cu-7-530 161,846 971,291
Cu-7-531 161,802 971,399
Cu-7-532 161,639 971,433
Cu-7-533 161,413 971,424
Cu-7-534 161,267 971,363
Cu-7-535 161,253 971,316
Cu-7-536 161,058 971,038
Cu-7-537 161,032 970,945
Cu-7-538 161,085 970,906
Description
of Location of Point Number Cu-7-538: A point near the east end of the headlands on the north side of Chetco
Point located in section 7 of township 41 south, range 13 west of the Willamette
Meridian in Curry County.
Cu-7-539 160,835 970,993
Description
of Location of Point Number Cu-7-539: A point near the southeast end of the headlands on the south side of
Chetco Point located in section 7 of township 41 south, range 13 west of the
Willamette Meridian in
Cu-7-540 160,877 970,982
Cu-7-541 160,984 971,113
Cu-7-542 161,056 971,337
Cu-7-543 161,327 971,526
Cu-7-544 161,346 971,624
Cu-7-545 161,442 971,619
Cu-7-546 161,543 971,869
Cu-7-547 161,541 972,098
Cu-7-548 161,476 972,284
Cu-7-549 161,427 972,320
Cu-7-550 161,528 972,418
Cu-7-551 161,698 972,784
Cu-7-552 161,633 973,055
Cu-7-553 161,548 973,154
Cu-7-554 161,282 973,278
Cu-7-555 161,127 973,267
Cu-7-556 161,104 973,227
Cu-7-557 161,116 973,168
Description
of Location of Point Number Cu-7-557: A point near the north end of the headlands on the north side of
Chetco Cove located in section 7 of township 41 south, range 13 west of the
Willamette Meridian in
Cu-7-558 161,504 974,502
Description
of Location of Point Number Cu-7-558: A point near the east end of the headlands on the north side of Chetco
Cove located in section 8 of township 41 south, range 13 west of the Willamette
Meridian in Curry County.
Cu-7-559 161,529 974,635
Cu-7-560 161,544 974,866
Cu-7-561 161,649 975,127
Cu-7-562 161,562 975,508
Cu-7-563 161,508 975,746
Cu-7-564 161,526 975,953
Cu-7-565 161,433 976,127
Cu-7-566 160,379 977,263
Cu-7-567 160,031 977,584
Cu-7-568 159,387 978,208
Cu-7-569 158,715 978,406
Cu-7-570 158,434 978,624
Cu-7-571 158,159 978,719
Cu-7-572 158,032 978,847
Cu-7-573 157,479 978,988
Cu-7-574 157,462 979,134
Cu-7-575 157,198 979,298
Cu-7-576 156,876 979,630
Cu-7-577 156,780 979,674
Cu-7-578 156,637 980,008
Cu-7-579 156,570 979,994
Cu-7-580 156,547 980,077
Cu-7-581 155,833 980,413
Cu-7-582 155,518 980,627
Cu-7-583 155,145 980,715
Cu-7-584 155,047 980,689
Cu-7-585 155,067 980,612
Cu-7-586 154,825 980,572
Cu-7-587 154,813 980,617
Cu-7-588 154,921 980,757
Cu-7-589 154,852 980,881
Cu-7-590 154,945 980,926
Cu-7-591 154,890 981,077
Cu-7-592 154,457 981,657
Cu-7-593 154,205 981,833
Cu-7-594 153,898 982,094
Cu-7-595 154,197 982,374
Cu-7-596 154,187 982,498
Cu-7-597 153,956 982,999
Cu-7-598 153,474 983,252
Cu-7-599 153,305 983,531
Cu-7-600 153,286 983,807
Cu-7-601 153,013 984,447
Cu-7-602 152,765 984,652
Cu-7-603 152,662 984,708
Cu-7-604 152,633 984,751
Cu-7-605 151,850 985,113
Cu-7-606 151,497 985,195
Cu-7-607 151,277 985,196
Cu-7-608 150,861 985,540
Cu-7-609 150,632 985,569
Cu-7-610 150,504 985,688
Cu-7-611 150,030 986,310
Cu-7-612 149,534 986,461
Cu-7-613 149,266 986,445
Cu-7-614 149,132 986,537
Cu-7-615 149,047 986,629
Cu-7-616 149,098 986,767
Cu-7-617 148,936 986,896
Cu-7-618 148,797 986,890
Cu-7-619 149,033 987,119
Cu-7-620 149,030 987,307
Cu-7-621 148,949 987,399
Cu-7-622 147,977 988,656
Cu-7-623 147,740 989,001
Cu-7-624 147,212 989,610
Cu-7-625 146,900 989,883
Cu-7-626 146,614 990,134
Cu-7-626A 146,463 990,180
Cu-7-627 146,242 990,362
Cu-7-627A 146,106 990,481
Cu-7-628 146,007 990,676
Cu-7-628A 146,030 990,783
Cu-7-629 146,181 990,926
Cu-7-629A 146,439 991,778
Cu-7-629B 145,626 992,092
Cu-7-629C 145,317 991,861
Cu-7-630 145,288 991,314
Cu-7-631 145,176 991,095
Cu-7-632 144,723 991,295
Cu-7-633 143,886 991,657
Cu-7-634 143,339 991,832
Description
of Location of Point Number Cu-7-634: A point near the Oregon-California boundary and near the line located
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. [1969 c.601 §8]
390.775 [1977 c.263 §1; repealed by 1983 c.338 §978]
390.780
[1977 c.263 §2; 1981 c.239 §1;
repealed by 1983 c.338 §978]
390.785
[1977 c.263 §3; 1979 c.819 §1;
repealed by 1983 c.338 §978]
390.790
[1977 c.263 §4; 1979 c.819 §2;
repealed by 1983 c.338 §978]
390.792
[1979 c.819 §4; 1983 c.335 §1;
repealed by 1983 c.338 §978]
390.795
[1977 c.263 §5; 1983 c.335 §2;
repealed by 1983 c.338 §978]
SCENIC WATERWAYS
390.805
Definitions for ORS 390.805 to 390.925. As used in ORS 390.805 to 390.925, unless the context requires
otherwise:
(1) Related adjacent land means all land
within one-fourth of one mile of the bank on the side of Waldo Lake, or a river
or segment of river within a scenic waterway, except land that, in the State
Parks and Recreation Departments judgment, does not affect the view from the
waters within a scenic waterway.
(2) Scenic easement means the right to
control the use of related adjacent land, including air space above such land,
for the purpose of protecting the scenic view from waters within a scenic
waterway; but such control does not affect, without the owners consent, any
regular use exercised prior to the acquisition of the easement, and the
landowner retains the right to uses of the land not specifically restricted by
the easement.
(3) Scenic waterway means
390.815
Policy; establishment of system. The people of
390.825 [1971 c.1 §3; 1975 c.612 §1; 1977 c.671 §1;
1983 c.334 §3; 1985 c.781 §§1,2; 1987 c.291 §1; repealed by 1989 c.2 §1
(390.826 enacted in lieu of 390.825)]
390.826
Designated scenic waterways.
The following lakes and rivers, or segments of rivers, and related adjacent
land are designated as scenic waterways:
(1) The Metolius Scenic Waterway which
includes the
(2) The Klamath Scenic Waterway which
includes the
(3) The Clackamas Scenic Waterway which
includes:
(a) The segments of the Clackamas River
from the boundary of the Olallie Lake Scenic Area, as constituted on December
8, 1988, downstream to the North Fork Reservoir, and from immediately below the
River Mill Dam downstream to the bridge at Carver;
(b) The South Fork Clackamas River from
its confluence with an unnamed tributary near the western boundary of Section
7, Township 5 South, Range 5 East, Willamette Meridian, downstream to the
confluence of the South Fork Clackamas River with the Clackamas River; and
(c) The
(4) The McKenzie Scenic Waterway which
includes:
(a) The segments of the McKenzie River
from Clear Lake downstream to Carmen Reservoir, from Tamolitch Falls downstream
to Trail Bridge Reservoir and from Trail Bridge Dam downstream to Paradise
Campground; and
(b) The segments of the South Fork
McKenzie River from the boundary of the Three Sisters Wilderness, as
constituted on December 8, 1988, downstream to Cougar Reservoir, and from
immediately below Cougar Dam downstream to its confluence with the McKenzie
River.
(5) The Deschutes Scenic Waterway which
includes the segments of the Deschutes River from Little Lava Lake downstream
to Crane Prairie Reservoir, from the gaging station immediately below Wickiup
Dam downstream to General Patch Bridge, from Harper Bridge downstream to the
Central Oregon Irrigation Districts diversion structure (near river mile 171),
from Robert Sawyer Park downstream to Tumalo State Park, from Deschutes Market
Road Bridge downstream to Lake Billy Chinook Reservoir (excluding the Cline
Falls hydroelectric facility near river mile 145), and from immediately below
the existing Pelton reregulating dam downstream to the confluence of the
Deschutes River with the Columbia River, excluding the City of Maupin as its
boundaries are constituted on October 4, 1977.
(6) The Santiam Scenic Waterway which
includes the Little North Fork of the
(7) The John Day Scenic Waterway which
includes:
(a) The
(b) The North Fork John Day River from the
boundary of the North Fork John Day Wilderness (near river mile 76), as
constituted on December 8, 1988, downstream to the northern boundary of the
south one-half of Section 20, Township 8 South, Range 28 East, Willamette
Meridian;
(c) The Middle Fork John Day River from
its confluence with Crawford Creek (near river mile 71) downstream to the
confluence of the Middle Fork John Day River with the North Fork John Day
River; and
(d) The South Fork John Day River from the
Post-Paulina road crossing (near river mile 35) downstream to the northern
boundary of the Murderers Creek Wildlife Area, as constituted on December 8,
1988 (near river mile 6).
(8) The Illinois Scenic Waterway which
includes the Illinois River from its confluence with Deer Creek downstream to
its confluence with the
(9) The Rogue Scenic Waterway which includes
the segments of the Rogue River from the boundary of Crater Lake National Park,
as constituted on December 8, 1988, downstream to the boundary of the Rogue
River National Forest, as constituted on December 8, 1988 (near river mile
173), and from the confluence of the Rogue River with the Applegate River
downstream to Lobster Creek Bridge.
(10) The Umpqua Scenic Waterway which
includes the segments of the North Umpqua River from the boundary of the Mt.
Thielsen Wilderness, as constituted on December 8, 1988, downstream to Lemolo
Reservoir, and from the Soda Springs Dam powerhouse downstream to its
confluence with Rock Creek (near Idleyld Park).
(11) The Nestucca Scenic Waterway which
includes:
(a) The
(b)
(12) The Wallowa-Grande Ronde Scenic
Waterway which includes:
(a) The
(b) The
(13) The Minam Scenic Waterway which
includes the
(14) The Elk Scenic Waterway which
includes:
(a) The Elk River from the confluence of
the North Fork Elk River and South Fork Elk River downstream to the
(b) The North Fork Elk River from its
source downstream to its confluence with the South Fork Elk River; and
(c) The South Fork Elk River from its
source downstream to its confluence with the North Fork Elk River.
(15) The Owyhee Scenic Waterway which
includes:
(a) The
(b) The
(16) The North Fork of the Middle Fork
Willamette Scenic Waterway which includes the North Fork of the
(17) The Waldo Lake Scenic Waterway which
includes
390.827
Effect of ORS 390.826 on rights of Indian tribes. Nothing in ORS 390.826 shall:
(1) Affect or modify any treaty or other
rights of any Indian tribe; or
(2) Affect lands held in trust by the
Secretary of the Interior for Indian tribes or individual members of Indian
tribes or other lands acquired by the Army Corps of Engineers and administered
by the Secretary of the Interior for the benefit of Indian tribes and
individual members of Indian tribes. [1989 c.2 §3]
Note: 390.827 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.
390.835
Highest and best use of waters within scenic waterways; prohibitions; authority
of various agencies; water rights; conditions; recreational prospecting; placer
mining. (1) It is declared
that the highest and best uses of the waters within scenic waterways are
recreation, fish and wildlife uses. The free-flowing character of these waters
shall be maintained in quantities necessary for recreation, fish and wildlife
uses. No dam, or reservoir, or other water impoundment facility shall be
constructed on waters within scenic waterways. No water diversion facility
shall be constructed or used except by right previously established or as
permitted by the Water Resources Commission, upon a finding that such diversion
is necessary to uses designated in ORS 536.310 (12), and in a manner consistent
with the policies set forth under ORS 390.805 to 390.925. The Water Resources
Commission shall administer and enforce the provisions of this subsection.
(2) Filling of the beds or removal of
material from or other alteration of the beds or banks of scenic waterways for
purposes other than recreational prospecting not requiring a permit shall be
prohibited, except as permitted by the Director of the Department of State Lands
upon a finding that such activity would be consistent with the policies set
forth under ORS 390.805 to 390.925 for scenic waterways and in a manner
consistent with the policies set forth under ORS 196.800 to 196.825 and 196.845
to 196.870 for removal of material from the beds and banks and filling of any
waters of this state. The Director of the Department of State Lands shall
administer and enforce the provisions of this subsection.
(3)(a) Upon a finding of emergency
circumstances, the Director of the Department of State Lands may issue a
temporary permit for the removal, filling or alteration of the beds or banks
within a scenic waterway. The temporary permit shall include conditions
developed after consultation with the State Department of Fish and Wildlife and
the State Parks and Recreation Department.
(b) As used in this subsection, emergency
circumstances exist if prompt action is necessary to prevent irreparable harm,
injury or damage to persons or property.
(4) Any person adversely affected or aggrieved
by the grant or denial of a permit under subsection (2) or (3) of this section
may appeal in accordance with the procedure set forth in ORS 196.835.
(5) Nothing in ORS 390.805 to 390.925
affects the authority of the State Fish and Wildlife Commission to construct
facilities or make improvements to facilitate the passage or propagation of
fish or to exercise other responsibilities in managing fish and wildlife
resources. Nothing in ORS 390.805 to 390.925 affects the authority of the Water
Resources Commission to construct and maintain stream gauge stations and other
facilities related to the commissions duties in administration of the water
laws.
(6) Upon a finding of necessity under
subsection (1) of this section, the Water Resources Commission may issue a
water right for human consumption not to exceed 0.005 cubic feet per
second per household, or livestock consumption uses not to exceed one-tenth of
one cubic foot per second per 1,000 head of livestock, as designated in ORS
536.310 (12) within or above a scenic waterway if the Water Resources
Commission makes the following findings:
(a) That issuing the water right does not
significantly impair the free-flowing character of these waters in quantities
necessary for recreation, fish and wildlife.
(b) That issuing the water right is
consistent with provisions pertaining to water appropriation and water rights
under ORS chapters 536 and 537 and rules adopted thereunder.
(c) That construction, operation and
maintenance of the diversion system will be carried out in a manner consistent
with the purposes set forth in ORS 390.805 to 390.925.
(d) If the water right is for human
consumption, an additional finding that:
(A) The applicant cannot reasonably obtain
water from any other source;
(B) Denial of the water right would result
in loss of reasonable expectations for use of the property; and
(C) The system installed to divert water
shall include monitoring equipment to permit water use measurement and
reporting.
(e) If the water right is for livestock
consumption, an additional finding that:
(A) The right is necessary to prevent the
livestock from watering in or along the stream bed;
(B) The applicant cannot reasonably obtain
water from any other source; and
(C) The applicant has excluded livestock
from the stream and its adjacent riparian zone.
(7) In making the findings required under
subsection (6) of this section, the Water Resources Commission shall consider
the existing or potential cumulative impacts of issuing the water right.
(8) The Water Resources Commission may not
allow human consumption and livestock uses authorized under subsection (6) of
this section in excess of a combined cumulative total of one percent of the
average daily flow or one cubic foot per second, whichever is less, unless:
(a) The Water Resources Commission, the
State Parks and Recreation Department, the State Department of Fish and
Wildlife, the Department of Environmental Quality and the Department of State
Lands unanimously agree to exceed that amount; and
(b) Exceeding that amount will not
significantly impair the free-flowing character of these waters in quantities
necessary for recreation, fish and wildlife.
(9)(a) The provisions of this section
shall not apply to a water right application for the use of ground water as
defined in ORS 537.515, except upon a finding by the Water Resources Director
based on a preponderance of evidence that the use of ground water will
measurably reduce the surface water flows necessary to maintain the
free-flowing character of a scenic waterway in quantities necessary for
recreation, fish and wildlife.
(b) The Water Resources Department shall
review every application for the use of ground water to determine whether to
make the finding specified in paragraph (a) of this subsection. The finding
shall be based upon the application of generally accepted hydrogeologic methods
using relevant and available field information concerning the proposed use.
(c) In making the determination required
by paragraph (a) of this subsection, the Water Resources Department shall
consider the timing of projected impacts of the proposed use in relation to
other factors, including but not limited to: Changing climate, recharge,
incidental precipitation, out-of-stream appropriations and return flows.
(d) If the Water Resources Director makes
the finding specified in paragraph (a) of this subsection, the Water Resources
Director shall issue an order denying the application unless:
(A) Mitigation is provided in accordance
with subsection (10) of this section; or
(B) The applicant submits evidence to
overcome the finding under paragraph (a) of this subsection.
(e) Except as provided under subsection
(13) of this section, if the Water Resources Director does not make the finding
specified in paragraph (a) of this subsection, the Water Resources Director
shall issue an order approving the application if the application otherwise
meets the requirements of ORS 537.505 to 537.795.
(f) A protest of any order issued under
this subsection may be filed in the same manner as a protest on any application
for a right to appropriate ground water.
(g) Each water right permit and
certificate for appropriation of ground water issued after July 19, 1995, for
which a source of appropriation is within or above a scenic waterway shall be
conditioned to allow the regulation of the use if analysis of data available
after the permit or certificate is issued discloses that the appropriation will
measurably reduce the surface water flows necessary to maintain the
free-flowing character of a scenic waterway in quantities necessary for
recreation, fish and wildlife in effect as of the priority date of the right or
as those quantities may be subsequently reduced.
(h) Nothing in this subsection shall limit
the use of ground water for a use exempted under ORS 537.545.
(10) The Water Resources Commission or
Water Resources Director shall consider mitigation measures and may include
mitigation measures as conditions in any water right permit or certificate to
ensure the maintenance of the free-flowing character of the scenic waterway in
quantities necessary for recreation, fish and wildlife.
(11) The Water Resources Commission and
the Water Resources Director shall carry out their responsibilities under ORS
536.220 to 536.590 with respect to the waters within scenic waterways in
conformity with the provisions of this section.
(12) As used in this section, measurably
reduce means that the use authorized under subsection (9) of this section will
individually or cumulatively reduce surface water flows within the scenic
waterway in excess of a combined cumulative total of one percent of the average
daily flow or one cubic foot per second, whichever is less, unless:
(a) The Water Resources Department, the
State Parks and Recreation Department, the State Department of Fish and
Wildlife, the Department of Environmental Quality and the Department of State
Lands unanimously agree to exceed that amount; and
(b) Exceeding that amount will not
significantly impair the free-flowing character of these waters in quantities
necessary for recreation, fish and wildlife.
(13) Before authorizing an appropriation
that will reduce streamflows within a scenic waterway in amounts up to but not
exceeding the amounts described in subsection (12) of this section, the Water
Resources Director shall find:
(a) That the appropriation will not
significantly impair the free-flowing character of these waters in quantities
necessary for recreation, fish and wildlife.
(b) That the appropriation is consistent
with provisions pertaining to water appropriations and water rights under ORS
chapters 536 and 537 and the rules adopted thereunder.
(c) That construction, operation and
maintenance of the appropriation will be carried out in a manner consistent
with the purposes set forth in ORS 390.805 to 390.925.
(14) No placer mining shall be permitted
on waters within scenic waterways other than recreational placer mining.
(15) No person shall be required to obtain
a permit for recreational prospecting resulting in the fill, removal or other
alteration of less than one cubic yard of material at any one individual site
and, cumulatively, not more than five cubic yards of material from within the
bed or wet perimeter of any single scenic waterway in a single year.
Recreational prospecting shall not occur at any site where fish eggs are
present.
(16) No provision of this section shall be
construed to exempt recreational placer mining on a scenic waterway, other than
recreational prospecting not requiring a permit, from compliance with the
provisions of ORS 196.800 to 196.825 and 196.845 to 196.870 or rules adopted
pursuant to ORS 196.800 to 196.825 and 196.845 to 196.870.
(17) Recreational placer mining, other
than recreational prospecting not requiring a permit, shall not:
(a) Dam or divert a waterway or obstruct
fish passage;
(b) Include nozzling, sluicing or digging
outside the wet perimeter of the stream, nor extend the wet perimeter;
(c) Include movement of boulders, logs,
stumps or other woody material from the wet perimeter other than movement by
hand and nonmotorized equipment;
(d) Involve the disturbance of rooted or
embedded woody plants, including trees and shrubs, regardless of their
location;
(e) Include excavation from the
streambank;
(f) Fail to level pits, piles, furrows or
potholes outside the main channel of the waterway upon leaving the site;
(g) Include operation of a suction dredge
without a suction dredge waste discharge permit from the Department of
Environmental Quality including, but not limited to, a prohibition against
dredging during periods when fish eggs could be in the dredging site gravel;
(h) Be conducted on federal lands except
as allowed by agencies of the federal government;
(i) Impede boating;
(j) Include operation of a dredge between
the hours of 6 p.m. and 8 a.m. within 500 feet of a residence or within
500 feet of a campground except within a federally designated recreational
mining site; or
(k) Include operation of a dredge within
the marked or posted swimming area of a designated campground or day use area
except within a federally designated recreational mining site.
(18) As used in this section:
(a) Bed means the land within the wet
perimeter and any adjacent nonvegetated dry gravel bar.
(b) Prospecting means to search or explore
for samples of gold, silver or other precious minerals, using nonmotorized
methods, from among small quantities of aggregate.
(c) Recreational placer mining includes,
but is not limited to, the use of nonmotorized equipment and motorized surface
dredges having an intake nozzle with an inside diameter not exceeding four
inches, a motor no larger than 16 horsepower and a muffler meeting or exceeding
factory-installed noise reduction standards. Recreational placer mining does
not include recreational prospecting that does not require a permit.
(d) Wet perimeter means the area of the
stream that is underwater, or is exposed as a nonvegetated dry gravel bar
island surrounded on all sides by actively moving water at the time the
activity occurs. [1971 c.1 §4; 1973 c.756 §1; 1977 c.671 §2; 1985 c.673 §177;
1989 c.320 §1; 1993 c.99 §1; 1995 c.223 §1; 1995 c.719 §1; 1997 c.223 §1; 1997
c.478 §1; 2001 c.499 §1]
Note: Operation of the amendments to 390.835 by
section 8, chapter 516, Oregon Laws 2001, is dependent upon further approval by
the Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001. The
text that is operative after that approval is set forth for the users
convenience.
390.835. (1) It is declared that the highest and best
uses of the waters within scenic waterways are recreation, fish and wildlife
uses. The free-flowing character of these waters shall be maintained in
quantities necessary for recreation, fish and wildlife uses. A dam, reservoir
or other water impoundment facility may not be constructed on waters within
scenic waterways. A water diversion facility may not be constructed or used
except by right previously established or as permitted by the Water Resources
Commission, upon a finding that such diversion is necessary to uses designated
in ORS 536.310 (12), and in a manner consistent with the policies set forth
under ORS 390.805 to 390.925. The Water Resources Commission shall administer
and enforce the provisions of this subsection.
(2) Filling of the beds or removal of
material from or other alteration of the beds or banks of scenic waterways for
purposes other than recreational prospecting not requiring a permit shall be
prohibited, except as permitted by the Director of the Department of State
Lands upon a finding that such activity would be consistent with the policies
set forth under ORS 390.805 to 390.925 for scenic waterways and in a manner
consistent with the policies set forth under ORS 196.800 to 196.825 and 196.845
to 196.870 for removal of material from the beds and banks and filling of any
waters of this state. The Director of the Department of State Lands shall
administer and enforce the provisions of this subsection.
(3)(a) Upon a finding of emergency
circumstances, the Director of the Department of State Lands may issue a
temporary permit for the removal, filling or alteration of the beds or banks
within a scenic waterway. The temporary permit shall include conditions
developed after consultation with the State Department of Fish and Wildlife and
the State Parks and Recreation Department.
(b) As used in this subsection, emergency
circumstances exist if prompt action is necessary to prevent irreparable harm,
injury or damage to persons or property.
(4) Any person adversely affected or
aggrieved by the grant or denial of a permit under subsection (2) or (3) of
this section may appeal in accordance with the procedure set forth in ORS
196.835.
(5) Nothing in ORS 390.805 to 390.925
affects the authority of the State Fish and Wildlife Commission to construct facilities
or make improvements to facilitate the passage or propagation of fish or to
exercise other responsibilities in managing fish and wildlife resources.
Nothing in ORS 390.805 to 390.925 affects the authority of the Water Resources
Commission to construct and maintain stream gauge stations and other facilities
related to the commissions duties in administration of the water laws.
(6) Upon a finding of necessity under
subsection (1) of this section, the Water Resources Commission may issue a
water right for human consumption not to exceed 0.005 cubic feet per
second per household, or livestock consumption uses not to exceed one-tenth of
one cubic foot per second per 1,000 head of livestock, as designated in ORS
536.310 (12) within or above a scenic waterway if the Water Resources
Commission makes the following findings:
(a) That issuing the water right does not
significantly impair the free-flowing character of these waters in quantities
necessary for recreation, fish and wildlife.
(b) That issuing the water right is
consistent with provisions pertaining to water appropriation and water rights
under ORS chapters 536 and 537 and rules adopted thereunder.
(c) That construction, operation and
maintenance of the diversion system will be carried out in a manner consistent
with the purposes set forth in ORS 390.805 to 390.925.
(d) If the water right is for human
consumption, an additional finding that:
(A) The applicant cannot reasonably obtain
water from any other source;
(B) Denial of the water right would result
in loss of reasonable expectations for use of the property; and
(C) The system installed to divert water
shall include monitoring equipment to permit water use measurement and
reporting.
(e) If the water right is for livestock
consumption, an additional finding that:
(A) The right is necessary to prevent the
livestock from watering in or along the stream bed;
(B) The applicant cannot reasonably obtain
water from any other source; and
(C) The applicant has excluded livestock
from the stream and its adjacent riparian zone.
(7) In making the findings required under
subsection (6) of this section, the Water Resources Commission shall consider
the existing or potential cumulative impacts of issuing the water right.
(8) The Water Resources Commission may not
allow human consumption and livestock uses authorized under subsection (6) of
this section in excess of a combined cumulative total of one percent of the
average daily flow or one cubic foot per second, whichever is less, unless:
(a) The Water Resources Commission, the
State Parks and Recreation Department, the State Department of Fish and
Wildlife, the Department of Environmental Quality and the Department of State
Lands unanimously agree to exceed that amount; and
(b) Exceeding that amount will not
significantly impair the free-flowing character of these waters in quantities
necessary for recreation, fish and wildlife.
(9)(a) The provisions of this section do
not apply to a water right application for the use of ground water as defined
in ORS 537.515, except upon a finding by the Water Resources Director based on
a preponderance of evidence that the use of ground water will measurably reduce
the surface water flows necessary to maintain the free-flowing character of a
scenic waterway in quantities necessary for recreation, fish and wildlife.
(b) The Water Resources Department shall
review every application for the use of ground water to determine whether to
make the finding specified in paragraph (a) of this subsection. The finding
shall be based upon the application of generally accepted hydrogeologic methods
using relevant and available field information concerning the proposed use.
(c) In making the determination required
by paragraph (a) of this subsection, the Water Resources Department shall
consider the timing of projected impacts of the proposed use in relation to
other factors, including but not limited to: Changing climate, recharge,
incidental precipitation, out-of-stream appropriations and return flows.
(d) If the Water Resources Director makes
the finding specified in paragraph (a) of this subsection, the Water Resources
Director shall issue an order denying the application unless:
(A) Mitigation is provided in accordance
with subsection (10) of this section; or
(B) The applicant submits evidence to
overcome the finding under paragraph (a) of this subsection.
(e) Except as provided under subsection
(13) of this section, if the Water Resources Director does not make the finding
specified in paragraph (a) of this subsection, the Water Resources Director
shall issue an order approving the application if the application otherwise
meets the requirements of ORS 537.505 to 537.795.
(f) A protest of any order issued under
this subsection may be filed in the same manner as a protest on any application
for a right to appropriate ground water.
(g) Each water right permit and
certificate for appropriation of ground water issued after July 19, 1995, for
which a source of appropriation is within or above a scenic waterway shall be
conditioned to allow the regulation of the use if analysis of data available
after the permit or certificate is issued discloses that the appropriation will
measurably reduce the surface water flows necessary to maintain the
free-flowing character of a scenic waterway in quantities necessary for
recreation, fish and wildlife in effect as of the priority date of the right or
as those quantities may be subsequently reduced.
(h) This subsection does not limit the use
of ground water for a use exempted under ORS 537.545.
(10) The Water Resources Commission or
Water Resources Director shall consider mitigation measures and may include
mitigation measures as conditions in any water right permit or certificate to
ensure the maintenance of the free-flowing character of the scenic waterway in
quantities necessary for recreation, fish and wildlife.
(11) The Water Resources Commission and
the Water Resources Director shall carry out their responsibilities under ORS
536.220 to 536.590 with respect to the waters within scenic waterways in
conformity with the provisions of this section.
(12) As used in this section, measurably
reduce means that the use authorized under subsection (9) of this section will
individually or cumulatively reduce surface water flows within the scenic
waterway in excess of a combined cumulative total of one percent of the average
daily flow or one cubic foot per second, whichever is less, unless:
(a) The Water Resources Department, the
State Parks and Recreation Department, the State Department of Fish and
Wildlife, the Department of Environmental Quality and the Department of State
Lands unanimously agree to exceed that amount; and
(b) Exceeding that amount will not
significantly impair the free-flowing character of these waters in quantities
necessary for recreation, fish and wildlife.
(13) Before authorizing an appropriation
that will reduce streamflows within a scenic waterway in amounts up to but not
exceeding the amounts described in subsection (12) of this section, the Water
Resources Director shall find:
(a) That the appropriation will not
significantly impair the free-flowing character of these waters in quantities
necessary for recreation, fish and wildlife.
(b) That the appropriation is consistent
with provisions pertaining to water appropriations and water rights under ORS
chapters 536 and 537 and the rules adopted thereunder.
(c) That construction, operation and
maintenance of the appropriation will be carried out in a manner consistent
with the purposes set forth in ORS 390.805 to 390.925.
(14) Placer mining is not permitted on
waters within scenic waterways, other than recreational placer mining.
(15) A person may not be required to
obtain a permit for recreational prospecting or other nonmotorized recreational
activity resulting in the fill, removal or other alteration of less than one
cubic yard of material at any one individual site and, cumulatively, not more
than five cubic yards of material from within the bed or wet perimeter of any
single scenic waterway in a single year. Recreational prospecting shall not
occur at any site where fish eggs are present.
(16) This section does not exempt
recreational placer mining on a scenic waterway, other than recreational
prospecting not requiring a permit, from compliance with the provisions of ORS
196.800 to 196.825 and 196.845 to 196.870 or rules adopted pursuant to ORS
196.800 to 196.825 and 196.845 to 196.870.
(17) Recreational placer mining may not:
(a) Dam or divert a waterway or obstruct
fish passage;
(b) Include nozzling, sluicing or digging
outside the wet perimeter of the stream, nor extend the wet perimeter;
(c) Include movement of boulders, logs,
stumps or other woody material from the wet perimeter other than movement by
hand and nonmotorized equipment;
(d) Involve the disturbance of rooted or
embedded woody plants, including trees and shrubs, regardless of their
location;
(e) Include excavation from the
streambank;
(f) Fail to level pits, piles, furrows or
potholes outside the main channel of the waterway upon leaving the site;
(g) Include operation of a suction dredge
without a suction dredge waste discharge permit from the Department of
Environmental Quality including, but not limited to, a prohibition against
dredging during periods when fish eggs could be in the dredging site gravel;
(h) Be conducted on federal lands except
as allowed by agencies of the federal government;
(i) Impede boating;
(j) Include operation of a dredge between
the hours of 6 p.m. and 8 a.m. within 500 feet of a residence or within 500
feet of a campground except within a federally designated recreational mining
site; or
(k) Include operation of a dredge within
the marked or posted swimming area of a designated campground or day use area
except within a federally designated recreational mining site.
(18) As used in this section:
(a) Bed means the land within the wet
perimeter and any adjacent nonvegetated dry gravel bar.
(b) Prospecting means to search or
explore for samples of gold, silver or other precious minerals, using
nonmotorized methods, from among small quantities of aggregate.
(c) Recreational placer mining includes,
but is not limited to, the use of nonmotorized equipment and motorized surface
dredges having an intake nozzle with an inside diameter not exceeding four
inches, a motor no larger than 16 horsepower and a muffler meeting or exceeding
factory-installed noise reduction standards. Recreational placer mining does
not include recreational prospecting that does not require a permit.
(d) Wet perimeter means the area of the
stream that is underwater, or is exposed as a nonvegetated dry gravel bar
island surrounded on all sides by actively moving water at the time the
activity occurs.
390.845
Administration of scenic waterways and related adjacent lands; limitations on
use; condemnation; rules.
(1) Except as provided in ORS 390.835, scenic waterways shall be administered
by the State Parks and Recreation Department, each in such manner as to protect
and enhance the values which caused such scenic waterway to be included in the
system. In such administration primary emphasis shall be given to protecting
the aesthetic, scenic, fish and wildlife, scientific and recreation features,
based on the special attributes of each area.
(2) After consultation with the State
Board of Forestry, the State Department of Agriculture and the affected
counties and with the concurrence of the Water Resources Commission, the
department shall adopt rules governing the management of related adjacent land.
Such rules shall be adopted in accordance with ORS chapter 183. Such rules
shall reflect management principles, standards and plans applicable to scenic
waterways, their shore lines and related adjacent land and, if necessary,
establish varying intensities of protection or development based on special
attributes of each area. Such management principles, standards and plans shall
protect or enhance the aesthetic and scenic values of the scenic waterways and
permit compatible agricultural, forestry and other land uses. Specifically, and
not in limitation of the foregoing, such rules shall provide that:
(a) No roads, railroads or utilities shall
be constructed within any scenic waterway except where necessary to serve the
permissible uses, as defined in subsection (2) of this section and in the rules
of the department, of the related adjacent land or unless department approval
of such use is obtained as provided in subsection (4) or (5) of this section.
The department wherever practicable shall require the sharing of land and air
space by such roads, railroads and utilities. All permissible roads, railroads
and utilities shall be located in such a manner as to minimize the disturbance
of the natural beauty of a scenic waterway;
(b)
(c) Occupants of related adjacent land
shall avoid pollution of waters within a scenic waterway;
(d) The surface of related adjacent land
shall not be disturbed for prospecting or mining unless the departments
approval is obtained under subsection (4) or (5) of this section; and
(e) Unless department approval of the
proposed use is obtained under subsection (4) or (5) of this section, no
commercial, business or industrial structures or buildings other than
structures or buildings erected in connection with an existing use shall be
erected or placed on related adjacent land. All structures and buildings
erected or placed on such land shall be in harmony with the natural beauty of
the scenic waterway and shall be placed a sufficient distance from other
structures or buildings so as not to impair substantially such natural beauty.
No signs or other forms of outdoor advertising that are visible from waters
within a scenic waterway shall be constructed or maintained.
(3) No person shall put related adjacent
land to uses that violate ORS 390.805 to 390.925 or the rules of the department
adopted under ORS 390.805 to 390.925 or to uses to which the land was not being
put before December 3, 1970, or engage in the cutting of trees, or mining, or
prospecting on such lands or construct roads, railroads, utilities, buildings
or other structures on such lands, unless the owner of the land has given to
the department written notice of such proposed use at least one year prior
thereto and has submitted to the department with the notice a specific and
detailed description of such proposed use or has entered into agreement for
such use with the department under subsection (5) of this section. The owner
may, however, act in emergencies without the notice required by ORS 390.805 to
390.925 when necessary in the interests of public safety.
(4) Upon receipt of the written notice
provided in subsection (3) of this section, the department shall first determine
whether in its judgment the proposed use would impair substantially the natural
beauty of a scenic waterway. If the department determines that the proposal, if
put into effect, would not impair substantially the natural beauty of the
scenic waterway, the department shall notify in writing the owner of the
related adjacent land that the owner may immediately proceed with the proposed
use as described to the department. If the department determines that the
proposal, if put into effect, would impair substantially the natural beauty of
the scenic waterway, the department shall notify in writing the owner of the
related adjacent land of such determination and no steps shall be taken to
carry out such proposal until at least one year after the original notice to
the department. During such period:
(a) The department and the owner of the
land involved may agree upon modifications or alterations of the proposal so
that implementation thereof would not in the judgment of the department impair
substantially the natural beauty of the scenic waterway; or
(b) The department may acquire by
purchase, gift or exchange, the land involved or interests therein, including
scenic easements, for the purpose of preserving the natural beauty of the
scenic waterway.
(5) The department, upon written request
from an owner of related adjacent land, shall enter into negotiations and
endeavor to reach agreement with such owner establishing for the use of such
land a plan that would not impair substantially the natural beauty of the
scenic waterway. At the time of such request for negotiations, the owner may
submit a plan in writing setting forth in detail proposed uses. Three months
after the owner makes such a request for negotiations with respect to use of
land, either the department or the owner may give written notice that the
negotiations are terminated without agreement. Nine months after the notice of
termination of negotiations the owner may use land in conformity with any
specific written plan submitted by the owner prior to or during negotiations.
In the event the department and the owner reach agreement establishing a plan
for land use, such agreement is terminable upon at least one years written
notice by either the department or the owner.
(6) With the concurrence of the Water
Resources Commission, the department may institute condemnation proceedings and
by condemnation acquire related adjacent land:
(a) At any time subsequent to nine months
after the receipt of notice of a proposal for the use of such land that the department
determines would, if carried out, impair substantially the natural beauty of a
scenic waterway unless the department and the owner of such land have entered
into an agreement as contemplated by subsection (4) or (5) of this section or
the owner shall have notified the department of the abandonment of such
proposal; or
(b) At any time related adjacent land is
used in a manner violating ORS 390.805 to 390.925, the rules of the department
or any agreement entered into by the department pursuant to subsection (4) or
(5) of this section; or
(c) At any time related adjacent land is
used in a manner which, in the judgment of the department, impairs
substantially the natural beauty of a scenic waterway, if the department has
not been given at least one years advance written notice of such use and if
there is not in effect department approval of such use pursuant to subsection
(4) or (5) of this section.
(7) In such condemnation the owner of the
land shall not receive any award for the value of any structure, utility, road
or other improvement constructed or erected upon the land after December 3,
1970, unless the department has received written notice of such proposed
structure, utility, road or other improvement at least one year prior to
commencement of construction or erection of such structure, utility, road or
other improvement or unless the department has given approval for such
improvement under subsection (4) or (5) of this section. If the person owned
the land on December 3, 1970, and for a continuous period of not less than two
years immediately prior thereto, the person shall receive no less for the land
than its value on December 3, 1970. The department shall not acquire by
condemnation a scenic easement in land. When the department acquires any
related adjacent land that is located between a lake or river and other land
that is owned by a person having the right to the beneficial use of waters in
the river by virtue of ownership of the other land:
(a) The right to the beneficial use of
such waters shall not be affected by such condemnation; and
(b) The owner of the other land shall
retain a right of access to the lake or river necessary to use, store or divert
such waters as the owner has a right to use, consistent with concurrent use of
the land so condemned as a part of the Oregon Scenic Waterways System.
(8) Any owner of related adjacent land,
upon written request to the department, shall be provided copies of rules then
in effect or thereafter adopted by the department pursuant to ORS 390.805 to
390.925.
(9) The department shall furnish to any
member of the public upon written request and at expense of the member a copy
of any notice filed pursuant to subsection (3) of this section.
(10) If a scenic waterway contains lands
or interests therein owned by or under the jurisdiction of an Indian tribe, the
United States, another state agency or local governmental agency, the
department may enter into agreement with the tribe or the federal, state or
local agency for the administration of such lands or interests therein in
furtherance of the purposes of ORS 390.805 to 390.925. [1971 c.1 §5; 1971 c.459
§1; 1973 c.756 §2; 1981 c.236 §3; 1983 c.334 §4]
390.848
Passes for use of parts of
(2) The system for issuance of passes
established by the department under this section may include issuance of the
passes by governmental entities or private persons who have entered into
appropriate agreements with the department for issuance of the passes.
Agreements under this subsection may include, but are not limited to, terms
providing for locations for the collection of fees, methods the department
determines appropriate to assure payment of moneys collected and provisions for
the distribution of river-user information.
(3) The department shall issue, without
charge, annual passes to comply with the requirements under ORS 390.851 to
persons who own ranch, farm or residential property immediately abutting those
portions of the
(4) Moneys collected under this section
shall be deposited in the separate fund established for the State Parks and
Recreation Department under ORS 366.512 and, subject to the limitations under
subsection (5) of this section, are continually appropriated to that department
to be used:
(a) For operation of the pass system
established under this section;
(b) For providing river-user oriented law
enforcement services;
(c) For providing river recreation
information and education;
(d) For developing and maintaining river
oriented recreation facilities; and
(e) For any other purposes the department
considers appropriate for the maintenance, enhancement or protection of the
natural and scenic beauty of the scenic waterway consistent with ORS 390.805 to
390.925.
(5) The use of moneys for purposes
described under subsection (4) of this section is limited to the performance of
those purposes for areas of the
390.851
Activities prohibited on parts of
(2) This section does not apply to:
(a) Peace officers, members or employees
of a governmental body or their agents while engaged in the discharge of
official duties; or
(b) Any member of the Confederated Tribes
of the Warm Springs Indian Reservation.
(3) A person who violates this section
commits a Class C violation. [1981 c.798 §3; 1987 c.291 §3; 1999 c.1051 §99]
390.855
Designation of additional scenic waterways. The State Parks and Recreation Department shall undertake a continuing
study and submit periodic reports to the Governor, with the concurrence of the
Water Resources Commission, recommending the designation of additional rivers
or segments of rivers and related adjacent land by the Governor as scenic
waterways subject to the provisions of ORS 390.805 to 390.925. Consistent with
such recommendation, the Governor may designate any river or segment of a river
and related adjacent land as a scenic waterway subject to the provisions of ORS
390.805 to 390.925. The department shall consult with the State Fish and
Wildlife Commission, the State Department of Agriculture, the Environmental
Quality Commission, the Department of State Lands, and such other persons or
agencies as it considers appropriate. The State Parks and Recreation Department
shall conduct hearings in the counties in which the proposed additional rivers
or segments of rivers are located. The following criteria shall be considered
in making such report:
(1) The river or segment of river is
relatively free-flowing and the scene as viewed from the river and related
adjacent land is pleasing, whether primitive or rural-pastoral, or these
conditions are restorable.
(2) The river or segment of river and its
setting possess natural and recreation values of outstanding quality.
(3) The river or segment of river and its
setting are large enough to sustain substantial recreation use and to
accommodate existing uses without undue impairment of the natural values of the
resource or quality of the recreation experience. [1971 c.1 §6]
390.865
Authority of legislature over designation of additional scenic waterways. The designation of a river or segment of a
river and related adjacent land, pursuant to ORS 390.855, shall not become
effective until the day following the adjournment sine die of the regular
session of the Legislative Assembly next following the date of the designation
or that was in session when the designation was made. The Legislative Assembly
by joint resolution may disapprove any such designation or a part thereof, and
in that event the designation, or part thereof so disapproved, shall not become
effective. [1971 c.1 §7]
390.875
Transfer of public lands in scenic waterways to department; administration of
nontransferred lands. Any
public land within or adjacent to a scenic waterway, with the consent of the
governing body having jurisdiction thereof, may be transferred to the
jurisdiction of the State Parks and Recreation Department with or without
compensation. Any land so transferred shall become state recreational land and
shall be administered as a part of the scenic waterway. Any such land within a
scenic waterway which is not transferred to the jurisdiction of the department,
to the fullest extent consistent with the purposes for which the land is held,
shall be administered by the body having jurisdiction thereof in accordance
with the provisions of ORS 390.805 to 390.925. [1971 c.1 §8]
390.885
Exchange of property within scenic waterway for property outside waterway. In acquiring related adjacent land by
exchange, the State Parks and Recreation Department may accept title to any
property within a scenic waterway, and in exchange therefor, may convey to the
grantor of such property any property under its jurisdiction that the
department is not otherwise restricted from exchanging. In so far as
practicable, the properties so exchanged shall be of approximately equal fair
market value. If they are not of approximately equal fair market value, the
department may accept cash or property from, or pay cash or grant property to,
the grantor in order to equalize the values of the properties exchanged. [1971
c.1 §9]
390.895
Use of federal funds. In
addition to State of Oregon funds available for the purposes of ORS 390.805 to
390.925, the State Parks and Recreation Department shall use such portion of
moneys made available to it by the Bureau of Outdoor Recreation and other
federal agencies, including matching funds, as the department determines are
necessary and available to carry out the purposes of ORS 390.805 to 390.925. [1971
c.1 §10]
390.905
Effect of ORS 390.805 to 390.925 on other state agencies. Nothing in ORS 390.805 to 390.925 affects
the jurisdiction or responsibility of other state agencies with respect to
boating, fishing, hunting, water pollution, health or fire control; except that
such state agencies shall endeavor to perform their responsibilities in a
manner consistent with the purposes of ORS 390.805 to 390.925. [1971 c.1 §11]
390.910
Intergovernmental cooperation; county representative on management advisory
committee. In carrying out
the provisions of ORS 390.805 to 390.925, the State Parks and Recreation
Department may enter into intergovernmental agreements to form committees to
advise the various governmental agencies involved regarding management of the
scenic waterways. Each such agreement must provide for membership on the
committee of a representative of one of the governing bodies of the counties
through which the scenic waterway flows. The county representative shall be
chosen by the Governor from among those individuals recommended to the Governor
by the county governing bodies. [1981 c.236 §2]
390.915
Determination of value of scenic easement for tax purposes; easement exempt. For ad valorem tax purposes, real property
that is subject to a scenic easement shall be valued at its real market value,
less any reduction in value caused by the scenic easement, and assessed in
accordance with ORS 308.232. The easement shall be exempt from assessment and
taxation the same as any other property owned by the state. [1971 c.1 §12; 1981
c.804 §99; 1991 c.459 §394]
390.925
Enforcement. In addition to
any other penalties provided by law for violation of ORS 390.805 to 390.925 or
rules adopted thereunder, the State Parks and Recreation Department is vested
with power to obtain injunctions and other appropriate relief against
violations of any provisions of ORS 390.805 to 390.925 and any rules adopted
under ORS 390.805 to 390.925 and agreements made under ORS 390.805 to 390.925. [1971
c.1 §13; 1981 c.798 §6]
DESCHUTES RIVER
SCENIC WATERWAY RECREATION AREA
390.930
Definitions for ORS 390.930 to 390.940. As used in ORS 390.930 to 390.940:
(1) Managing agencies includes:
(a) State Parks and Recreation Department;
(b) State Department of Fish and Wildlife;
(c) Confederated Tribes of the Warm
Springs Indian Reservation;
(d) State Marine Board;
(e)
(f)
(g)
(h)
(i) The City of
(2) Recreation area means the Deschutes
River Scenic Waterway Recreation Area created under ORS 390.932. [1987 c.624 §§1,18;
1989 c.904 §26; 2001 c.104 §133]
390.932
Creation of Deschutes River Scenic Waterway Recreation Area. There is created the Deschutes River Scenic
Waterway Recreation Area consisting of the segment of the Deschutes River scenic
waterway under ORS 390.825 that is designated as the segment from immediately
below the existing Pelton reregulating dam downstream approximately 100 miles
to its confluence with the Columbia River, excluding the City of Maupin as its
boundaries are constituted on October 4, 1977. [1987 c.624 §17]
390.934
Management of Deschutes River Scenic Waterway Recreation Area; plan; rules;
budget. (1) The State Parks
and Recreation Department shall have primary management responsibility for the
State of
(2) The department shall adopt a
management plan by rule. The department shall implement the plan and shall
prepare a budget for implementation taking into consideration the provisions of
the management plan. [1987 c.624 §§3,19]
390.936
Rules. In accordance with
applicable provisions of ORS chapter 183, the State Parks and Recreation
Department shall adopt rules necessary to carry out those provisions of ORS
390.930 to 390.940 that the department is charged with administering. [1987
c.624 §§12,22]
390.938
Guidelines for management and development. The Deschutes River Scenic Waterway Recreation Area shall be managed
and developed in accordance with the following guidelines:
(1) To the extent allowed under ORS
390.805 to 390.925, the recreational area shall be administered to allow continuance
of compatible existing uses, while allowing a wide range of compatible
river-oriented public outdoor recreation opportunities, to the extent that
these do not impair substantially the natural beauty of the scenic waterway or
diminish its aesthetic, fish and wildlife, scientific and recreational values.
(2) The management plan shall stress a
segment by segment design and shall include provisions for the development of
appropriate facilities and services in the recreation area to meet resource
needs for protection and preservation and user needs. This development may
include but need not be limited to:
(a) River and car camp development;
(b) Sanitation stations for human waste
and garbage;
(c) Parking and access road improvement;
(d) Signs indicating land ownership;
(e) Tree and riparian zone protection and
restoration;
(f) Educational programs; and
(g) Initiation of additional volunteer
programs.
(3) Before restricting access through the
use of a permit system, all other management options shall be considered.
(4) Special emphasis shall be placed on
protecting the recreation area and all adjacent property from
recreationist-caused wildfires. This goal shall be equal in priority to the
other primary goals set forth in this section. This protection shall include
but not be limited to:
(a) Permanent adoption of a fire rule that
provides the same protection as the fire rule in force during the 1986 fire
season.
(b) Requiring boater passes to include the
name of the group leader, date and section of river used.
(c) The establishment of information
centers near major points of entry into the recreation area to provide users
with information and education regarding the fire rules and general rules of
the river.
(d) Conducting cadet patrols at the levels
considered necessary to facilitate reasonable compliance with recreation area
rules. [1987 c.624 §§4,20]
390.940
Relationship to other laws.
The State Parks and Recreation Department and state and local managing agencies
shall manage the Deschutes River Scenic Waterway Recreation Area according to
the provisions of ORS 390.805 to 390.925 and 390.930 to 390.940 and rules
adopted under ORS 390.805 to 390.925 and 390.930 to 390.940. Federal and tribal
managing agencies with jurisdiction over their respective lands and waters
shall be encouraged to manage their lands and waters in a manner consistent
with the provisions of ORS 390.805 to 390.925 and 390.930 to 390.940. [1987
c.624 §§5,21]
RECREATION TRAILS
390.950
Short title. ORS 390.950 to
390.989 and 390.995 (2) may be cited as the Oregon Recreation Trails System
Act. [1971 c.614 §1]
390.953 [1971 c.614 §2; 1989 c.904 §27; repealed by
2001 c.104 §134]
390.956
Policy. (1) In order to
provide for the ever-increasing outdoor recreation needs of an expanding
resident and tourist population and in order to promote public access to,
travel within and enjoyment and appreciation of, the open-air, outdoor areas of
Oregon, trails should be established both near the urban areas of this state
and within, adjacent to or connecting highly scenic areas more remotely
located.
(2) The purpose of ORS 390.950 to 390.989
and 390.995 (2) is to provide the means for attaining these objectives by
instituting a system of recreation trails in this state, by designating certain
trails as the initial components of that system, and by prescribing the methods
of which, and standards according to which, additional components may be added
to the system. [1971 c.614 §3]
390.959
Composition of trails system; establishment of markers. The system of
390.962
Criteria for establishing trails; location; statutes authorizing trails for
motorized vehicles unaffected.
(1) Upon finding that such trails will meet the criteria established in ORS
390.950 to 390.989 and 390.995 (2) and such supplementary criteria as the State
Parks and Recreation Department may prescribe, the department is encouraged and
empowered to establish and designate
(a) Over lands owned by the State of
Oregon, by the federal government or by any county, municipality or other local
governmental body, with the consent of the state agency, federal agency,
county, municipality or other local governmental body having jurisdiction over
the lands involved; or
(b) Over lands owned by private persons,
in the manner and subject to the limitations provided in ORS 390.950 to 390.989
and 390.995 (2).
(2) In establishing such trails, the
department shall give special recognition to the need for the establishment of
recreation trails in or near, or reasonably accessible to, urban areas. Upon
the establishment of any such trail, the department shall designate the primary
kind of trail it is to be, based upon the mode or modes of travel to be
permitted on such trail, including one or more of the following:
(a) Footpath.
(b) Horseback riding trail.
(c) Bicycle path.
(3) Nothing in ORS 390.950 to 390.989 and
390.995 (2) affects any other statute authorizing trails for motorized vehicles
which is not inconsistent with ORS 390.950 to 390.989 and 390.995 (2). [1971
c.614 §5]
390.965
Hearing required; information to be considered. (1) The State Parks and Recreation
Department may establish trails after public meetings in the areas of the state
where trails are planned and only in accordance with the following criteria:
(a) Emphasis shall be given to the
development of trails across public lands.
(b) No trails shall cross private land
occupied by a residential dwelling, or upon which a residential dwelling is
under construction, within 300 feet of such residential dwelling, without the
consent of the owner.
(c) Trails shall be selected to minimize
the adverse effects on adjacent landowners or users and their operations.
(d) Development and management of trails
shall be designed to harmonize with and complement any established forest,
agricultural, or other use plan that is compatible with the purposes of ORS
390.950 to 390.989 and 390.995 (2).
(2) Before establishing a trail the
department shall consider at a public meeting the following information:
(a) The proposed route of such trail
(including maps and illustrations) and the recommended mode or modes of travel
to be permitted thereon;
(b) The areas adjacent to such trails, to
be utilized for scenic, historic, natural, cultural or developmental purposes;
(c) The characteristics that, in the
judgment of the department, make the proposed trail suitable as an
(d) The current status of land ownership
and current and potential use along the designated route;
(e) The estimated cost of acquisition of
lands or interest in lands, if any;
(f) The plans for developing and
maintaining the trail and the cost thereof;
(g) Any anticipated problems of policing
the use of such trail and any anticipated hazards to the use of any privately
owned lands adjacent to such trail; and
(h) The extent to which the state or its
political subdivisions and public and private organizations might reasonably be
expected to participate in acquiring the necessary lands and in the
administration thereof. [1971 c.614 §6]
390.968
Selection of rights of way for trails. (1) The State Parks and Recreation Department shall select the rights
of way for trails designated as Oregon Recreation Trails by ORS 390.962 (1)(a)
and (b). Such rights of way shall be:
(a) Of sufficient width and so located as
to protect natural conditions, scenic and historic features, and any primitive
character of the trail area; to provide campsites, shelters, and related
public-use facilities along trails in more remote areas; and to provide
reasonable public access.
(b) Located to avoid, in so far as
reasonably practicable, established highways, motor roads, mining areas, power
transmission lines, existing commercial and industrial developments, range
fences and improvements, private logging operations, and any other activities
that would be incompatible with the protection of the trailside environment in
its natural condition and the use of the trail for outdoor recreation.
(2) Notwithstanding subsection (1) of this
section, it is recognized that in many instances (especially in urban areas and
for some types of trails across or near private land) it may be advisable to
locate segments of trails in or near existing rights of way for roads,
highways, public utilities or telecommunications utilities, excluding power
transmission lines; and it is recognized that trail rights of way on occasion
may be located, or from time to time relocated, through, or adjacent to, lands
used for private timber (including logging), agriculture, commercial or
industrial operations and that such location or relocation of a trail right of
way, of itself, shall not impose any limitation upon an otherwise lawful use of
the adjacent private land except to the extent of the terms of any agreement
with the private landowner as provided in ORS 390.971 (1) and except as may be
provided by any zoning ordinance, law or regulation.
(3) The location and width of an
(4) In selecting a right of way, the
department shall endeavor to obtain the advice and assistance of the local
governments, private organizations, landowners, the land users concerned, and
the advisory council established under ORS 390.977.
(5) The department shall hold a public
hearing in the area of the state where the selection of such right of way is to
be made. Subject to ORS 390.971, after public hearing, the department may
revise the location and width of a right of way from time to time as required
by circumstances, with the consent of the head of any federal agency involved,
and with such advice and assistance of the local governments, private
organizations, landowners, land users, and the advisory council, as the
department considers necessary or advisable. [1971 c.614 §7; 1987 c.447 §124]
390.971
Department duties and powers; rules. (1) Within the exterior boundaries of areas under its administration
that are included in the right of way selected for an Oregon recreation trail
as provided in ORS 390.950 to 390.989 and 390.995 (2), the State Parks and
Recreation Department may do any of the following:
(a) Enter into written cooperative
agreements with landowners, federal agencies, other state agencies, local
governments, private organizations and individuals in order to provide for the
development, operation, maintenance, location and relocation of the trail.
Where the trail crosses commercial forestland, such agreement shall make
reasonable provision for temporary relocation reasonably required for
commercial forest management.
(b) Subject to limitations set forth in
ORS 390.950 to 390.989 and 390.995 (2), acquire lands or interests in lands by
donation, purchase with donated or appropriated funds or exchange, or with
funds obtained under ORS 390.980.
(2) The department, in the exercise of its
exchange authority, may accept title to any nonstate-owned property within a
trail right of way, and, in exchange therefor, the department may convey to the
grantor of such property any state-owned property under its jurisdiction or the
jurisdiction of any state agency consenting to such exchange that the
department or the applicable consenting state agency classifies as suitable for
exchange or other disposal. The values of the properties so exchanged either
shall be approximately equal or, if they are not approximately equal, the
values shall be equalized by the payment of cash to the grantor or to the
department or applicable consenting state agency as the circumstances require.
(3) If lands included in an Oregon
recreation trail right of way are outside the exterior boundaries of state or
federally administered areas, the department shall attempt, and any local
governments involved shall be encouraged, to enter into written cooperative
agreements with landowners, local government, private organizations and
individuals in order to develop, administer and maintain the trails and to
acquire, develop and administer such lands or interests therein. However, if
the department or local governments fail or are unable to enter into such
agreements or to acquire such lands or interests therein within one year after
the selection of the right of way, the department may acquire private lands or
interests therein by donation, exchange or purchase with donated or
appropriated funds and may develop and administer such lands or interests
therein. Exchanges shall be governed by the provisions of subsection (2) of
this section.
(4) Oregon recreation trails shall be
administered, protected, developed and maintained by the department, or as
provided under subsection (1)(a) of this section, to retain their natural,
scenic and historic features. Along trails in more remote areas, provision may
be made for campsites, shelters and related public-use facilities. Other uses,
including reasonable crossings for motor vehicles, public utilities and water
pipes and ditches, that will not substantially interfere with the nature and
purposes of the trails may be permitted or authorized, as appropriate. The use
of motorized vehicles by the general public along any such
(5) The department shall endeavor to
induce agreements with appropriate state and federal agencies to provide for
youth work projects to assist in the construction and maintenance of trails
that are part of the
(6) The department shall endeavor, when it
considers such to be appropriate, to develop and enhance the educational values
and opportunities of
(7) The department shall place and
endeavor to maintain signs at such places as it considers appropriate along
(8) The department, with the concurrence
of any federal agency administering lands through which an Oregon recreation
trail passes, and after consultation with the local governments, private
organizations and landowners that the department knows or believes to be
concerned, and the advisory council established under ORS 390.977, may adopt
rules that may be revised from time to time governing protection, management,
use, development and administration of an Oregon recreation trail.
(9) The department, on lands not within a
forest protection district, upon recommendation of the State Forester, shall
have the authority to close trails during periods of high fire danger. The
department shall also have the authority to close trails if it deems it
necessary to protect the safety of the public.
(10) Notwithstanding the provisions of ORS
chapter 477, forestland on which a fire exists that was caused by a person
using, for recreational purposes, a trail established pursuant to ORS 390.950
to 390.989, shall not be considered an operation area as defined by ORS
477.001, if the fire did not start within an operation. [1971 c.614 §9; 1973
c.46 §7; 1983 c.740 §123; 1997 c.274 §37; 2003 c.14 §169]
390.974
Intergovernmental cooperation to obtain property for use in trail system. The State Parks and Recreation Department is
authorized and encouraged to consult and to cooperate with any state, federal
or local governmental agency or body and with any privately owned utility
having jurisdiction or control over or information concerning the use,
abandonment or disposition of roadways, utility rights of way or other
properties suitable for the purpose of improving or expanding the Oregon
recreation trails system in order to assure, to the extent practicable, that
any such properties having value for Oregon recreation trail purposes may be
made available for such use. [1971 c.614 §11]
390.977
Oregon Recreation Trails Advisory Council; members; appointment; terms; duties;
expenses; officers; quorum; meetings. (1) There is established an Oregon Recreation Trails Advisory Council
consisting of seven members, at least one from each congressional district in
the state. However, not less than two of such members shall be from separate
counties bordering upon the ocean shore. Members of the council shall be
appointed by the State Parks and Recreation Commission and shall serve at the
pleasure of the commission for terms of four years. Before the expiration of
the term of a member, the commission shall appoint a successor. A member shall
be eligible for reappointment. If there is a vacancy for any cause, the
commission shall make an appointment to become immediately effective for the
unexpired term.
(2) The commission and the State Parks and
Recreation Department shall consult with the council from time to time with
respect to matters relating to
(3) Members of the council shall serve
without compensation, but the department may pay expenses as provided in ORS
292.495.
(4) The council shall select one of its
members as chairperson.
(5) A majority of the members of the
council constitutes a quorum for the transaction of business.
(6) The council shall meet at times and
places specified by the call of the chairperson or a majority of the members of
the council. [1971 c.614 §8; 1981 c.545 §7; 1991 c.257 §1]
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. In addition to State of Oregon funds
available for the purposes of ORS 390.950 to 390.989 and 390.995 (2), the State
Parks and Recreation Department may use such portion of moneys made available
to it by any federal agency which may be used for such purposes, including
matching funds, as the department determines are necessary or desirable to
carry out the purposes of ORS 390.950 to 390.989 and 390.995 (2). In addition
to the foregoing, the department may receive and may encourage the receipt of
donated funds or property from individuals, groups or organizations (including
trail users) for specified or nonspecified uses in connection with the
acquisition, development, maintenance and administration of
390.983
Trail property tax assessment.
For ad valorem tax purposes, real property that is subject to an easement, or a
written cooperative agreement, for purposes of ORS 390.950 to 390.989 and
390.995 (2) shall be valued at its real market value, less any reduction in
value caused by the easement or the written cooperative agreement, and assessed
in accordance with ORS 308.232. The easement shall be exempt from assessment
and taxation the same as any other property owned by the state. [1971 c.614 §13;
1981 c.804 §100; 1991 c.459 §395]
390.986
Injunctive relief for violation of ORS 390.950 to 390.989. The State Parks and Recreation Department
has power to obtain injunctions against violations of any provisions of ORS
390.950 to 390.989 and any rules and regulations adopted under ORS 390.950 to
390.989 and agreements made under ORS 390.950 to 390.989. [1971 c.614 §14]
390.989
Eminent domain does not apply to department powers or duties under ORS 390.950
to 390.989. Any power of
eminent domain otherwise vested in the State Parks and Recreation Department
does not apply to any power or duty vested in the department by ORS 390.950 to
390.989. [1971 c.614 §16]
PENALTIES
390.990
Violations. (1) Subject to
ORS 153.022, a person commits a Class A violation if the person violates:
(a) ORS 390.678.
(b) Any rule adopted under ORS 390.124.
(c) Any rule adopted under ORS 390.340.
(d) ORS 390.729.
(e) Any rule adopted under ORS 390.845.
(2) Notwithstanding any other provision of
this section, violation of any rule adopted under this chapter for the
regulation of vehicle speed in parks, including violations of rules relating to
driving vehicles at a speed greater than a posted speed limit or greater than
is reasonable and prudent, are subject to the same penalties as provided in ORS
811.109 for violation of a specific speed limit imposed under law or violation
of a posted speed limit. [Subsection (1) formerly 366.990; subsection (2)
formerly part of 274.990; 1969 c.601 §28; 1971 c.743 §362; subsection (4)
enacted as 1971 c.614 §10; 1981 c.692 §3; 1981 c.798 §7; 1983 c.740 §124; 1989
c.904 §63; 1999 c.1051 §100; subsection (4) renumbered 390.995 (2) in 1999;
2005 c.300 §4]
390.992
Civil penalties. (1) Any
person who violates any provision of ORS 390.610, 390.620 to 390.676, 390.690
and 390.705 to 390.770 or any rule, order or permit adopted or issued under ORS
390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 shall be subject to
a civil penalty in an amount to be determined by the State Parks and Recreation
Director of not more than $10,000 per day of violation.
(2) In addition to any other penalties
provided under subsection (1) of this section, the State Parks and Recreation
Department is vested with power to obtain injunctions and other appropriate
relief against a person who violates any provisions of ORS 390.610, 390.620 to
390.676, 390.690 and 390.705 to 390.770 or any rule, order or permit adopted or
issued under ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. [1999
c.373 §9]
390.995
Criminal penalties. (1)
Violation of ORS 390.640 is a misdemeanor.
(2) Subject to ORS 153.022, any person who
violates a rule adopted under ORS 390.950 to 390.989 is guilty of a
misdemeanor, and may be punished by a fine of not more than $500, or by
imprisonment not exceeding six months, or both.
(3) Subject to ORS 153.022, violation of
any provision of ORS 390.640 or 390.705, or any rule adopted to carry out the
purposes of ORS 390.640 or 390.705, may be punished by a fine of not more than
$500, or by imprisonment not exceeding six months, or both. Each day that a
person violates ORS 390.640 or 390.705 shall be considered a separate offense. [Subsection
(1) of 1999 Edition enacted as 1999 c.373 §17; subsection (2) of 1999 Edition
formerly 390.990(4); 2005 c.300 §5]
_______________
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