justicedao/ipfs_state_laws huggingface dataset:
736-024-0005 Clatsop County: Restrictions (1) There shall be no landing of any aircraft on the ocean shore in Clatsop County, except for an emergency. (2) Except for an emergency or as provided in section (3) of this rule, there shall be no travel by motor vehicles on the ocean shore in Clatsop County in the areas and during the periods of time hereinafter designated by the Oregon coordinate latitude survey lines, north zone, consisting of “Y” numbers as shown on “Exhibit 1” attached hereto and by this reference made a part hereof. The areas where motor vehicle travel is allowed, the periods of time for such use, and the areas on the ocean shore where travel by motor vehicles are prohibited, are further described as follows: (a) Motor vehicle travel is prohibited on the ocean shore between the hours of 12:01 p.m. and 12:00 midnight, from May 1 through September 15, from the south jetty of the Columbia River, Y 952, 180, southerly to the Peter Iredale Road, Y 934, 673; (b) Motor vehicle travel is allowed at any time between the Peter Iredale Road, Y 934, 673, southerly to the beach ramp at Gearhart, Y 880, 455; (c) Motor vehicle travel is prohibited between the beach ramp at Gearhart, Y 880, 455, southerly to the Clatsop County-Tillamook County line, Y 790, 613, except as follows: Operation or parking of motor vehicles used for and engaged in towing dory boat trailers or essential dory boat launchings from Sunset Drive Y 828, 775 in Cannon Beach southerly to Warren Way Y 823, 122 with access from Warren Way only. (3) The Director of State Parks, or the authorized representative may issue special permits for motor vehicles to travel on the ocean shore within the areas or at times where such travel is otherwise prohibited by this resolution. No charge for such permits will be made. Any special permit or permit identification card shall be in the immediate possession of the operator of the vehicle at all times when driving on that portion of the ocean shore otherwise closed to travel by motor vehicles. The operator shall display the same upon the demand of any peace officer. (4) The State Parks and Recreation Department is directed to erect conspicuous signs and markers designating the above areas on the ocean shore of Clatsop County, with reference to the Oregon coordinate survey system, as areas where travel by motor vehicles are prohibited, areas where travel by motor vehicles are partially restricted, and areas where travel by motor vehicles are allowed, except as follows: No dory boat launching and landing area signs will be posted on the beach at Cannon Beach. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 183.545, 184 & 390.668 Statutes/Other Implemented: ORS 390.668 History: PR 10-1992, f. & cert. ef. 11-12-92 PR 5-1986, f. & cert. ef 5-12-86 PR 2-1986, f. & cert. ef. 2-28-86 PR 1-1985, f. & cert. ef. 3-29-85 PR 16-1984, f. & cert. ef. 12-13-84 PR 14-1984, f. & cert. ef. 12-12-84 1OTC 21-1979, f. & cert. ef. 9-21-79 1OTC 51, f. 1-24-75, cert. ef. 2-25-75 HC 1227, f. & cert. ef. 6-24-70 HC 1163, f. & cert. ef. 3-12-68 HC 897, f. & cert. ef. 1-27-61
736-024-0010 Clatsop County: Speed Limit (1) There is hereby established a 15 MPH maximum speed limit within those areas of the ocean shore where motor vehicle travel is permitted. Said speed limitation shall extend from Ecola Creek to Arch Cape in Clatsop County, Oregon. (2) The State Parks and Recreation Department is directed to erect conspicuous signs or markers at the roadway entrances to the above-described ocean shore areas affected by this resolution and at such other locations deemed necessary to properly inform the public of the speed restrictions. The said signs shall set forth the restriction as to the travel of motor vehicles as herein provided. Statutory/Other Authority: ORS 183.545, 184 & 390.668 Statutes/Other Implemented: ORS 390.668 History: PR 10-1992, f. & cert. ef. 11-12-92 PR 5-1986, f. & ef. 5-12-86 PR 2-1986, f. & ef. 2-28-86 PR 1-1985, f. & ef. 3-29-85 PR 14-1984, f. & ef. 12-12-84 HC 1234, f. 8-27-70
736-024-0020 Tillamook County: Speed Limit (1) There is hereby established a 15 MPH maximum speed limit within those areas of the ocean shore where motor vehicle travel is permitted pursuant to OAR 736-024-0015 within the city limits of Manzanita, in Tillamook County, Oregon. (2) The State Parks and Recreation Department is directed to erect conspicuous signs or markers at the roadway entrances to the above-described ocean shore areas affected by this resolution and at such other locations deemed necessary to properly inform the public of the speed restrictions. The said signs shall set forth the restriction as to the travel of motor vehicles as herein provided. Statutory/Other Authority: ORS 183.545, 184 & 390.668 Statutes/Other Implemented: ORS 390.668 History: PR 10-1992, f. & cert. ef. 11-12-92 PR 14-1984, f. & ef. 12-12-84 HC 1234, f. 8-27-70
736-024-0025 Lincoln County: Restrictions (1) There shall be no landing of any aircraft on the ocean shore in Lincoln County, except for an emergency. (2) Except for an emergency or as provided in section (3) of this rule, there shall be no travel by motor vehicles on the ocean shore in Lincoln County in the areas and during the periods of time hereinafter designated by the Oregon coordinate latitude survey lines, north zone, consisting of “Y” numbers as shown on “Exhibit 3” attached hereto and by this reference made a part hereof. The areas where motor vehicle travel is allowed, the periods of time for such use, and the areas on the ocean shore where travel by motor vehicles is prohibited, are further described as follows: (a) Motor vehicle travel is prohibited from the Tillamook County-Lincoln County line, Y 521, 960, southerly to Yaquina Bay, Y 367, 056, except for the following locations within the corporate limits of Lincoln City: A distance of 150 feet on each side of the westerly extension of North 15th Street from October 1 to April 30, unless closed for safety considerations. (b) Motor vehicle travel is prohibited from Yaquina Bay, Y 367, 056, southerly to the Lincoln County-Lane County line, Y 243, 400. (3) The Director of State Parks or the authorized representative may issue special permits for motor vehicles to travel on the ocean shore within the areas or at times where such travel is otherwise prohibited by this resolution. No charge for such permits will be made. Any special permit or permit identification card shall be in the immediate possession of the operator of the vehicle at all times when driving on that portion of the ocean shore otherwise closed to travel by motor vehicles. The operator shall display the same upon the demand of any peace officer. (4) The State Parks and Recreation Department is directed to erect conspicuous signs and markers designating the above areas on the ocean shore of Lincoln County, with reference to the Oregon coordinate survey system, as areas where travel by motor vehicles is prohibited, areas where travel by motor vehicles is partially restricted, and areas where travel by motor vehicles is allowed, as herein provided. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 183.545, 184 & 390.668 Statutes/Other Implemented: ORS 390.668 History: PRD 6-2023, amend filed 09/21/2023, effective 10/01/2023 PR 10-1992, f. & cert. ef. 11-12-92 PR 16-1984, f. & ef. 12-13-84 PR 14-1984, f. & ef. 12-12-84 1OTC 18-1979, f. & ef. 7-19-79 HC 1227, f. 6-24-70 HC 1148, f. 8-25-67 HC 1047, f. 9-29-64
736-024-0035 Douglas County: Restrictions (1) There shall be no landing of any aircraft on the ocean shore in Douglas County, except for an emergency. (2) Except for an emergency or as provided in section (3) of this rule, there shall be no travel by motor vehicles on the ocean shore in Douglas County in the areas and during the periods of time hereinafter designated by the Oregon coordinate latitude survey lines, south zone, consisting of “Y” numbers shown on “Exhibit 5” attached hereto and by this reference made a part hereof. The areas where motor vehicle travel is allowed, the periods of time for such use, and the areas on the ocean shore where travel by motor vehicles is prohibited, are further described as follows: (a) Motor vehicle travel is prohibited from the Lane County-Douglas County line, Y 822, 001, southerly to approximately one mile south of the mouth of Tahkenitch Creek Y 792, 296; (b) Motor vehicle travel is allowed from approximately one mile south of the mouth of Tahkenitch Creek Y 792, 296 to the Umpqua River, Y 752, 639; (c) Motor vehicle travel is prohibited from the south bank at the Umpqua River, Y 751, 067 southerly to the Douglas County-Coos County line, Y 730, 871. (3) The Director of the State Parks and Recreation Department or the authorized representative may issue special permits for motor vehicles to travel on the ocean shore within the areas or at times where such travel is otherwise prohibited by this resolution. No charge for such permits will be made. Any special permit or permit identification card shall be in the immediate possession of the operator of the vehicle at all times when driving on that portion of the ocean shore otherwise closed to travel by motor vehicles. The operator shall display the same upon the demand of any peace officer. (4) The State Parks and Recreation Department is directed to erect conspicuous signs and markers designating the above areas on the ocean shore of Douglas County, with reference to the Oregon coordinate survey system as areas where travel by motor vehicles is prohibited, areas where travel by motor vehicles is partially restricted, and areas where travel by motor vehicles is allowed, as herein provided. [ED. NOTE: Exhibits referenced are available from the agency.] Statutory/Other Authority: ORS 390.668 Statutes/Other Implemented: ORS 390.668 History: PR 4-1996, f. 6-3-96, cert. ef. 6-14-96 PR 10-1992, f. & cert. ef. 11-12-92 PR 4-1987, f. & ef. 5-12-87 PR 14-1984, f. & ef. 12-12-84 PR 6-1983, f. & ef. 4-22-83 HC 1227, f. 6-24-70
736-025-0005 Sign Maintenance State Parks Department personnel will provide, post and maintain ocean shore recreation area rules and coastal safety hazard signs at the following city, county and federal beach access points: (1) Clatsop County: (a) Delaura Beach Road; (b) Del Rey Beach Road; (c) Gearhart Beach Access Ramp (10th Street); (d) The Prom “Turnaround,” City of Seaside; (e) The Cove area, City of Seaside; (f) Ecola Court Ramp, City of Cannon Beach; (g) Chapman Beach Wayside, City of Cannon Beach. (2) Tillamook County: (a) Neahkahnie Beach, Near Neahkahnie/Manzanita Wayside; (b) Nedonna Beach, Tillamook County, Parking Lot; (c) Twin Rocks State Wayside Property (undeveloped); (d) Barview County Park, Tillamook Bay North Jetty; (e) Bay Ocean Spit, end of Public Access Road; (f) Cape Meares Village; (g) Happy Camp; (h) Galloway Road, Sand Lake, end of Road; (i) Tierra Del Mar, north end of Cape Kiwanda State Park; (j) Cape Kiwanda Parking Lot; (k) Sunset Street, end of Road, Pacific City. (3) Lincoln City: (a) N 39th Street; (b) N 26th Street; (c) N 15th Street; (d) N 21st Street; (e) Canyon Drive; (f) S 33rd Street; (g) S 51st Street. (4) Lincoln County: (a) Moolack Beach, State Highway Division; (b) Yaquina Head, BLM Area; (c) Mouth of Beaver Creek next to Highway 101; (d) Deer Creek, Lincoln County Beach Access Park; (e) Tillicum Beach, U.S.F.S. Park; (f) Cape Perpetua, U.S.F.S., Devil’s Churn, Cape Creek. (5) City of Newport: (a) Agate Beach, small beach parking lot across from Hotel Newport; (b) Nye Beach, City of Newport Beach Park; (c) Yaquina Bay North Jetty; (d) Yaquina Bay South Jetty. (6) Lane County: (a) Rock Creek, U.S.F.S.; (b) Big Creek, U.S.F.S.; (c) Conical Rocks, U.S.F.S., Heceta Head; (d) Sutton Creek, U.S.F.S.; (e) Heceta Beach Ramp, Lane County; (f) Siuslaw North Jetty. (7) Oregon Dunes NRA: (a) Six Siuslaw South Jetty Road Parking Lots; (b) Siltcoos Beach Parking Lot; (c) Three Umpqua South Jetty Parking Lots; (d) Horsfall Beach parking lot. (8) Coos County: (a) Bastendorff Beach; (b) Whiskey Run; (c) Coquille South Jetty, County Park; (d) Kronenberg Park, City of Bandon; (e) Beach access north of Seabird Drive. (9) Curry County: (a) Battle Rock Wayside, City of Port Orford; (b) Nesika Beach Highway Rest Stop, State Highway Division; (c) Rogue River North Jetty; (d) Rogue River South Jetty, Port of Gold Beach; (e) Curry County Fairgrounds; (f) Hunter Creek Turnout, State Highway Division, south of Gold Beach; (g) Two Meyers Creek Beach Turnouts, State Highway Division, base of Cape Sebastian; (h) Chetco River South Jetty, Port of Brookings. Statutory/Other Authority: ORS 183.545 & 390.660 Statutes/Other Implemented: ORS 390.660 History: PR 11-1992, f. & cert. ef. 11-12-92 PR 8-1984, f. & ef. 12-7-84
736-026-0005 Ocean Shore Management Goal (1) To assure continuation of scenic and recreational values for public enjoyment at the ocean shore and to protect marine life and intertidal resources, beach logging as a general practice shall be prohibited unless such removal can be shown to provide a significant public benefit. (2) Proposals for beach log removal shall be considered in light of the following beach management objectives: (a) Management to protect scenic and recreational use values of driftwood. Enhance recreation by opening access routes where necessary, improving scenic values or providing needed beach use area; (b) Management to protect the traditional practice of gathering firewood and ornamental driftwood as long as these activities are compatible with the overall recreation and scenic uses of the beach; (c) Management to provide for the orderly retrieval of branded logs by the legal owner(s); (d) Management to protect shorelines subject to erosion; (e) Management to protect clam beds, intertidal marine life and wildlife habitats; (f) Management to promote public safety by reducing critical fire hazards, reducing critical hazards to shoreline structures or eliminating other public hazards; (g) Management to assist in fish passage or flood control; (h) Management to provide opportunities for public participation in decision making on proposed projects; (i) Management to protect legal interest of upland property owners and the state; (j) Management to minimize adverse impacts of log loading and hauling operations. (3) Individual beach areas where log removal would be permitted and the time period allowed for such removal will be determined by the state after evaluation by the State Parks and Recreation Department, consultation with local government, the upland property owner and affected state agencies (Division of State Lands, State Department of Fish and Wildlife, State Geology and Mineral Industries, State Department of Environmental Quality, State Department of Forestry, State Land Conservation and Development Department) to establish interests to be protected and considered. (4) Adequate public notice and provision for hearings will be handled in the same manner as beach improvement applications under the State Beach Law, as set forth in ORS 390.650. (5) The granting of emergency permits necessary to ensure public safety or the emergency retrieval of branded logs or lumber will be handled in the same manner as emergency beach improvements under the State Beach Law, as set forth in ORS 390.650. (6) Removal permits would be planned and executed to minimize adverse operational impacts and with adequate provisions for public safety, liability insurance and consideration of private property rights. Regulations and supervisory control in this regard will be determined by the state. Statutory/Other Authority: ORS 183.545 & 390.660 Statutes/Other Implemented: ORS 390.660 History: PR 12-1992, f. & cert. ef. 11-12-92 1OTC 71, f. & ef. 3-30-76
736-026-0010 State Park Beaches The taking of driftwood in small amounts by visitors for souvenirs, for personal use or as gifts is permitted. The removal of large amounts of driftwood, or any wood with mechanized loading equipment, shall be prohibited except as approved by the park manager. Chainsaws must be approved by the park manager. No wood shall be removed which is imbedded in the beach or in sand dune banks. Statutory/Other Authority: ORS 184 & 390 Statutes/Other Implemented: ORS 390.660 History: PR 10-1984, f. & ef. 12-12-84
736-026-0015 Non-State Park Beaches Driftwood removal for firewood and/or ornamental purposes shall be for personal use and restricted to wood which can be loaded by hand only. No mechanzied loading and/or removal equipment shall be permitted. Removal of firewood and/or ornamental wood may be restricted to individual beach areas, quantities of wood, and time of year. Power saws may be restricted in certain beach areas. Periodic moratoriums on the issuance of vehicle permits and quantity limits on firewood gathering may be established for sections of beach where the driftwood supply has been depleted due to human removal activity or by act of God. No wood embedded in the beach or in sand dune banks shall be removed. Upland property owner wishes will be respected when considering vehicle permits for wood gathering. Exceptions to this policy are at the discretion of the State Parks Director. Statutory/Other Authority: ORS 183.545, 184 & 390.660 Statutes/Other Implemented: ORS 390.660 History: PR 12-1992, f. & cert. ef. 11-12-92 PR 10-1984, f. & ef. 12-12-84
736-027-0005 Policy This rule is adopted pursuant to ORS 390.660 in order to ensure that salvageable objects and materials which are washed up on Oregon ocean shores do not constitute a hazard to beach users or to the beach environment, and that they shall be returned when possible to their rightful owners. Statutory/Other Authority: ORS 184 & 390 Statutes/Other Implemented: ORS 390.660 History: PR 15-1984, f. & ef. 12-12-84
736-027-0010 Definitions For the purposes of this rule, the terms: (1) “Salvage” or “Salvageable Object” means any object, thing or material, exclusive of driftlogs, which is not in its natural state, and is not a “natural product of the ocean shore” (as used in ORS 390.705 and 37 Opinion of Attorney General 420 (1975)), which is washed up or deposited upon the regulated area; (2) “Regulated Area” means any part of the ocean shore lying between the extreme low tide line and the line of vegetation described in ORS 390.770, or the line of established upland shore vegetation, whichever is farther inland, and below 16' elevation on headlands, which is located between the Oregon-California State line and the south jetty at the mouth of the Columbia River; (3) “Beach Fronting a State Park” means all of the ocean shore from the extreme low tide line to the line of vegetation which lies between the two imaginary lines extending perpendicular to the beach from the boundaries of any state park in the regulated area; (4) “Remove or Removal” means the transportation of any salvage outside the "regulated area." Statutory/Other Authority: ORS 184 & 390 Statutes/Other Implemented: ORS 390.660 History: PRD 7-2000, f. & cert. ef. 5-10-00 PR 15-1984, f. & ef. 12-12-84
736-027-0015 Prohibitions (1) No person shall remove or convert to his own use or possession any salvage from any beach within the regulated area without first having obtained a permit to do so from the Parks and Recreation Department, and no removal shall be permitted, except in strict accordance with the terms of a permit. (2) These prohibitions do not apply to the collection of common flotsam for personal use, such as glass floats, length of rope or cable of less than 100 feet, and other minor objects commonly picked up by beach users as an incident to their recreational use of the ocean shore. However, when such objects are attached to salvage, such as fixtures on a vessel hull or objects that were apparently packaged or crated in such a manner that they constitute valuable cargo or property of another, the foregoing prohibitions are applicable. Statutory/Other Authority: ORS 183.545, 184 & 390.660 Statutes/Other Implemented: ORS 390.660 History: PR 13-1992, f. & cert. ef. 11-12-92 PR 15-1984, f. & ef. 12-12-84
736-027-0020 Time for Removal (1) Except as provided in section (4) of this rule, an owner of salvage shall have fifteen (15) days from the date he discovers the salvage in which to obtain a permit and remove the salvage. (2) When the Parks and Recreation Department discovers, or is notified of the discovery of salvage by a party not the owner of the salvage, the Department will take reasonable efforts to identify and notify the owner of such salvage discovered within the regulated area. In instances in which the owner is identifiable and can reasonably be notified, the fifteen-day period for removal, shall begin to run on the date of the postmark of the letter or telegram sent to the owner, or date owner was notified by telephone of the location of the salvage. (3) If the salvage owner cannot be identified, the Department, fifteen days from the date of discovery, may remove the salvage. (4) If, after fifteen days from the date of notification, or after any extension thereof granted the salvage owner by the issuing office, the salvage owner fails to remove the salvage, the Department may remove the salvage. (5) If any salvage shall be determined by the Parks and Recreation Department to be deleterious to the beach environment, to constitute a hazard to beach users or to public or private property, or to constitute an attractive nuisance, the Department may immediately remove such salvage, and/or may take such action as it deems feasible to protect against the hazard. Statutory/Other Authority: ORS 183.545, 184 & 390.660 Statutes/Other Implemented: ORS 390.660 History: PR 13-1992, f. & cert. ef. 11-12-92 PR 15-1984, f. & ef. 12-12-84
736-027-0025 Preservation of Salvage The Parks and Recreation Department does not have the resources to preserve and protect salvage from vandalism, theft and natural forces. It shall be the responsibility of the salvage owner to preserve and protect any and all salvage belonging to the owner. Statutory/Other Authority: ORS 183.545, 184 & 390.660 Statutes/Other Implemented: ORS 390.660 History: PR 13-1992, f. & cert. ef. 11-12-92 PR 15-1984, f. & ef. 12-12-84