justicedao/ipfs_state_laws huggingface dataset:
736-040-0076 Clackamas River Scenic Waterway (1) Recreational River Area: (a) That segment of the Scenic Waterway extending from River Mill Dam downstream approximately 12 miles to Bakers Bridge at Carver is classified as a Recreational River Area; (b) The Recreational River Area will be administered consistent with the purposes of OAR 736-040-0040(1)(c)(B). Within this area, new structures and improvements, mining operations and timber harvesting activities shall be permitted only when substantially screened from view from the river by topography or vegetation. If no such topographic or vegetative screening exists on a site, the structure or improvement may be permitted if vegetation is established which will provide substantial screening to the proposal in a reasonable time (for example, 2–3 years). The condition of “substantial vegetative screening” shall consist of an ample density and mixture of native evergreen and deciduous vegetation to totally obscure or allow only a highly filtered view of the proposed structures or improvements. Developments necessary for public outdoor recreation, as provided by public agencies, and resource protection may be visible from the river but must blend into the natural scene as much as possible. (2) All the Commission’s rules for scenic waterway management, OAR 736-040-0025 through 736-040-0035, shall apply to the Clackamas River Scenic Waterway except where this section is more specific. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390.845(2) History: PR 7-1985, f. & ef. 10-24-85
736-040-0078 Waldo Lake and the North Fork of the Middle Fork of the Willamette River Natural Area: Waldo Lake, the lake shore and adjacent land within 1/4 mile, except for the area described in section (1) of this rule as North Waldo campground, Islet campground, the area between them, and the Shadow Bay campground: (1) Scenic Area: The Waldo Lake shore and related adjacent land from a point approximately 200 feet northwesterly of the boat ramp at North Waldo campground in a southerly direction to a point approximately 200 feet south of southernmost development at Islet campground, and from a point approximately 200 feet north of the northernmost development at Shadow Bay campground south to a creek at the easternmost head of Shadow Bay. (2) Natural River Area: The North Fork of the Middle Fork of the Willamette River, from its outlet of Waldo Lake downstream approximately 8-1/2 miles to its intersection with the south section line of Section 36, Township 19S, Range 5-1/2E, of the Willamette Meridian. (3) Scenic River Area: That segment of the North Fork of the Middle Fork of the Willamette River, from its intersection with the south section line of Section 36, Township 19S, Range 5-1/2E, of the Willamette Meridian, downstream approximately 6-1/2 miles to its intersection with Forest Road 1944. (4) Recreational River Area: That segment of the North Fork of the Middle Fork of the Willamette River, from its intersection with Forest Road 1944 downstream to the lower boundary of the scenic waterway, one mile upstream from the railroad bridge near Westfir. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390.845(2) History: PR 7-1986, f. & ef. 5-28-86
736-040-0080 Notification Procedures (1)(a) Notification to the Commission of a proposal for change of existing use of related adjacent land, or improvement thereto, or any other activity for which the Act or these rules and regulations require notification, shall be written and shall contain a detailed description of the proposed change, improvement or activity, and such other information as the Commission may require; (b) Notifications or request for information or assistance may be made to the nearest Oregon Parks and Recreation Department Region office: or to Headquarters, Oregon Parks and Recreation Department in Salem, addresses and phone numbers available at this web link: http://www.oregonstateparks.org/searchpark.php. (c) The proposed change of use or improvement or activity shall not be carried out or commenced sooner than one year after the Department accepts such notification as complete unless the Commission has sooner given its written approval. (2) Upon receipt of written notice provided in section (1) of this rule, the Commission shall: (a) If the proposal will not impair substantially the natural beauty of the scenic waterway or be in violation of either the Act or these rules, give the landowner, or other applicant when that is appropriate, written notification that he/she may immediately proceed; (b) Notify the owner or applicant in writing if the Commission determines the proposed use would impair the natural beauty of the scenic waterway or otherwise violate either the Act or these rules. The owner or applicant shall not proceed with the proposal until at least one year after the date the Department accepts as complete the original notice to the Commission unless the owner and the Commission sooner reach agreement on an alternate plan. Statutory/Other Authority: ORS 390.805 - 390.925 Statutes/Other Implemented: ORS 390.845(3) History: PRD 6-2008, f. & cert. ef. 5-15-08 PR 15-1992, f. & cert. ef. 11-12-92 HC 1285, f. 6-27-72 HC 1258, f. 6-30-71
736-040-0085 Procedures in Event of Commission Denial (1) During the period of one year following the original notice to the Commission: (a) The Commission 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 Commission, impair substantially the natural beauty of the scenic waterway or otherwise violate the provisions of the Act or these rules and regulations; (b) The Commission may acquire by purchase, gift, or exchange, the land involved or interest therein, including scenic easements, for the purpose of preserving the natural beauty of the scenic waterway; (c) The landowner may make a written request of the Commission to enter into further negotiations regarding use of the land as prescribed in section (2) of this rule. (2) The Commission, upon receiving a 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 an alternate plan in writing setting forth in detail his proposed uses. Then: (a) Three months after the owner makes such a request for negotiations, either the Commission or the owner may give written notice that the negotiations are terminated without agreement; (b) Nine months after the notice of termination of negotiations, the owner may use his land in conformity with any specific written plan submitted by the owner prior to or during negotiations, in the event the Commission and the owner reach agreement establishing a plan for land use, such agreement is terminable upon at least one year's written notice by either the Commission or the owner; (c) Twelve months after the Department accepts as complete the original notice to the Commission, the owner may use their land in conformity with the specific written plan submitted as a part of that notice unless the Commission has sooner instituted proceedings to acquire the land involved. Statutory/Other Authority: ORS 390.845 Statutes/Other Implemented: ORS 390.845(5) History: PRD 6-2008, f. & cert. ef. 5-15-08 HC 1285, f. 6-27-72 HC 1258, f. 6-30-71
736-040-0090 Condemnation of Related Adjacent Land With the concurrence of the Oregon Water Resources Commission, the Commission may institute condemnation proceedings to acquire related adjacent land for the purposes of the Act if: (1) At any time subsequent to nine months after the receipt of an owner's proposal agreement cannot be reached by the Commission and the landowner; or (2) At any time related adjacent land is used in a manner violating the Act or the rules and regulations promulgated by the Commission; or (3) At any time related adjacent land is used in a manner which, in the judgment of the Commission, impairs substantially the natural beauty of a Scenic Waterway, if the Commission has not been given at least one year's advance written notice of such use and if there is not in effect Commission approval of such use. Statutory/Other Authority: ORS 390.845 Statutes/Other Implemented: ORS 390.845(6) History: PRD 6-2008, f. & cert. ef. 5-15-08 HC 1285, f. 6-27-72 HC 1258, f. 6-30-71
736-040-0095 Public Lands Within or Adjacent to a Scenic Waterway (1) The Commission may enter into agreement with an Indian tribe, the United States, another state agency or local governmental agency for the administration of lands contained in a scenic waterway. (2) With the consent of the governing body, any public land within or adjacent to a scenic waterway may be transferred to the jurisdiction of the Commission with or without compensation and shall become state recreational land and be administered by the Commission as part of the scenic waterway. (3) Any land within a scenic waterway not transferred to the jurisdiction of the Commission shall be administered by the public body having jurisdiction thereof in accordance with the provisions of the Act. Statutory/Other Authority: ORS 390.845 Statutes/Other Implemented: ORS 390.845(10) & 390.875 History: HC 1285, f. 6-27-72 HC 1258, f. 6-30-71
736-045-0006 Purpose The purpose of this division is to provide a central and continuing register of areas in Oregon that contain significant natural heritage resources and special species, and describe the process used to register properties on the Oregon Register of Natural Areas. Statutory/Other Authority: ORS 390.124(4) Statutes/Other Implemented: ORS 273.563 - 273.591 History: PRD 10-2012, f. & cert. ef. 12-13-12 PRD 2-2012, f. & cert. ef. 5-4-12
736-045-0100 Natural Areas Advisory Committee: Composition and Roles (1) The director may appoint a Natural Areas Advisory Committee composed of representatives of non-governmental organizations, universities, state agencies, federal agencies, local governments and members of the interested public. (2) Members appointed under subsection (1) may serve two consecutive four-year terms on the committee. However, upon convening the committee, the director shall appoint the first committee members following the effective date of this rule to serve a two, three, or four-year term. (3) The director shall appoint the chair from the committee membership, considering the recommendations of the committee. (4) The committee shall meet at times and places specified by the call of the director. (5) A majority of the appointed members of the committee constitutes a quorum for the transaction of business. (6) Function and duties of the committee. Upon the request of the director, the committee may assist the department in: (a) Development of policy for the program through the review and approval of the Oregon Natural Areas Plan; (b) Reviewing nominations for registration and the voluntary dedication of state natural areas or state natural area reserves, and review instruments of dedication for such areas; (c) Providing recommendations to the commission, State Land Board, State Board of Forestry, State Fish and Wildlife Commission, State Board of Higher Education and Oregon Transportation Commission regarding areas under their respective jurisdictions which are appropriate for dedication; and (d) Advising the commission in the adoption of rules that may be considered necessary in carrying out ORS 273.563 to 273.591. (7) Members of the advisory committee are not entitled to compensation, but in the discretion of the director may be reimbursed from funds available to the department for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amount provided in ORS 292.495. Statutory/Other Authority: ORS 390.124(4) Statutes/Other Implemented: ORS 273.573 History: PRD 2-2019, amend filed 06/17/2019, effective 06/17/2019 PRD 10-2012, f. & cert. ef. 12-13-12 PRD 2-2012, f. & cert. ef. 5-4-12
736-045-0200 Schedule of Fees and Charges: Acceptance of Funds (1) The department may accept monies for, but not limited to, documents, including records, reports or maps pertaining to Program data, and services under this division. (2) The department may apply for and accept grants, contributions and assistance from any federal, state or local government agency and any foundation, individual or organization for the purpose of carrying out the provisions of ORS 273.563 to 273.591. (3) All money received by the department for the purposes of this division shall be paid into the State Treasury and credited to the Natural Areas Program Account. Statutory/Other Authority: ORS 390.124(4) Statutes/Other Implemented: ORS 273.563 - 273.591 History: PRD 10-2012, f. & cert. ef. 12-13-12 PRD 2-2012, f. & cert. ef. 5-4-12
736-045-0300 Oregon Register of Natural Heritage Resources: Criteria for Inclusion in or Removal from the Register The commission must determine criteria for inclusion in the register to fulfill not only the definition of a natural area but the natural heritage resources and site considerations within the priorities and criteria for conservation in the Plan. The commission, department, the committee upon request pursuant to OAR 736-045-0100(6)(b), and the Institute for Natural Resources pursuant to ORS 352.808(2)(g) will use the following criteria in evaluating a candidate natural area proposed for inclusion in or removal from the Register: (1) The priority for protection in the plan of the primary natural heritage resources objective and other natural heritage resources in the candidate natural area; (2) Whether the natural heritage resource occurrence(s) is an adequate representative of the type; or whether the site can feasibly be restored to provide adequate representation of the ecosystem type, including habitat for at-risk species; (3) The extent to which each natural heritage resource has retained its natural character, and processes i.e ., a measurement of the degree of human-caused disturbance; or, the degree of feasibility of restoring the target natural character and processes; (4) The health and viability of the natural heritage resource occurrence(s), i.e. , the ability of each natural heritage resource occurrence to perpetuate itself or its natural sequence of development in the candidate natural area; (5) The number of natural heritage resources that will be adequately represented in the candidate natural area; (6) The degree of uniqueness and educational and natural interpretation values of a geologic resource(s); (7) The priority of protection given in the plan to each special species of plant or animal; (8) The contribution the particular candidate natural area will make to the protection of the special species; (9) Manageability, i.e ., the capability of the candidate natural area to be managed to protect and maintain the natural values, as well as to make it available and useful for its designated purposes; (10) Whether there are alternative methods of accomplishing the same purposes of this division; and (11) The cost effectiveness of including a candidate natural area in the register. Statutory/Other Authority: ORS 390.124(4) Statutes/Other Implemented: ORS 273.563 - 273.591 & 352.808(2) History: PRD 2-2019, amend filed 06/17/2019, effective 06/17/2019 PRD 10-2012, f. & cert. ef. 12-13-12 PRD 2-2012, f. & cert. ef. 5-4-12
736-045-0310 Oregon Register of Natural Heritage Resources: Register File The register may include file(s) of registered state natural areas or state natural area reserves: (1) The file may include name of a state natural area, location, size, ownership, register category, and principal natural heritage resource(s) and special species. The card file may be cross referenced by county and principal resource. (2) The file may include: (a) Data form — comprehensive information compiled for each state natural area; (b) Instrument of dedication or other documents certifying official dedication; (c) Consent form — written permission for registration for a state natural areas on private land; (d) Supportive data — includes maps, photographs, remote sensing imagery, species lists, field notes, reports, research papers, and references to other information available; (e) Cross references to the data bank maintained by the Institute for Natural Resources pursuant to ORS 352.808(2); (f) Implementation data — includes any management agreement or plan, monitoring data results of reviews of provisional registrations; and (g) Summary sheet — a map and one page summary of information about each area which can be duplicated and circulated to appropriate authorities. Statutory/Other Authority: ORS 390.124(4) Statutes/Other Implemented: ORS 273.563 - 273.591 & 352.808(2)(f) History: PRD 2-2019, amend filed 06/17/2019, effective 06/17/2019 PRD 10-2012, f. & cert. ef. 12-13-12 PRD 2-2012, f. & cert. ef. 5-4-12
736-045-0320 Oregon Register of Natural Heritage Resources: Location and Maintenance of Register The department will maintain the Oregon Register of Natural Areas at the department’s office in Salem, OR. Statutory/Other Authority: ORS 390.124(4) Statutes/Other Implemented: ORS 273.581(1) History: PRD 10-2012, f. & cert. ef. 12-13-12 PRD 2-2012, f. & cert. ef. 5-4-12
736-045-0330 Oregon Register of Natural Heritage Resources: Register Review The department may review and update the Register every five years. Statutory/Other Authority: ORS 390.124(4) Statutes/Other Implemented: ORS 273.563 - 273.591 History: PRD 10-2012, f. & cert. ef. 12-13-12 PRD 2-2012, f. & cert. ef. 5-4-12
736-045-0340 Oregon Register of Natural Heritage Resources: Register Withdrawal The commission may remove natural areas from the register. The commission will consider ORS 273.586(4) and the factors in OAR 736-045-0300, 736-045-0405(1)(d) and (7) in removing a state natural area or state natural area reserve from the register. Statutory/Other Authority: ORS 390.124(4) Statutes/Other Implemented: ORS 273.581(4) & 273.586(4). History: PRD 2-2019, amend filed 06/17/2019, effective 06/17/2019 PRD 10-2012, f. & cert. ef. 12-13-12 PRD 2-2012, f. & cert. ef. 5-4-12
736-045-0400 Dedication and Management of a State Natural Area (Reserve): Purpose The purpose and scope of dedication is to establish and maintain the integrity of the plan, and the program, by means of written formal recognition and protection of a natural area of land, water, or both land and water for natural heritage conservation purposes. Statutory/Other Authority: ORS 390.124(4) Statutes/Other Implemented: ORS 273.563 - 273.591 History: PRD 2-2019, amend filed 06/17/2019, effective 06/17/2019 PRD 10-2012, f. & cert. ef. 12-13-12 PRD 2-2012, f. & cert. ef. 5-4-12
736-045-0405 Dedication and Management of a State Natural Area (Reserve): Instruments of Dedication (1) Private dedication — a private individual or organization that is the owner of any registered natural area may voluntarily agree to dedicate that area as a state natural area by executing with the department, an instrument of dedication. Instrument provisions and policies include, but are not limited to, the following: (a) An agreement that provides each natural heritage resource in the state natural area with the most secure protection obtainable; (b) An unlimited period of time, or a term sufficiently long to warrant dedication protection; (c) Permission for conducting scientific research and other activities shall be commensurate with program objectives; and (d) Termination of dedication may occur upon written notification to the commission, including specific reasons for termination, and provision by the commission of opportunity for adequate public notice and hearing. (2) The department shall file an executed instrument of dedication of a state natural area under private ownership under section (1) in the office of the clerk of the county in which any or all of the state natural area is located, and shall be effective upon its recording. (3) The department shall provide a copy of the dedication and management agreement(s) to the private owner of a state natural area. (4) Agency dedication — any public agency may dedicate lands under the provisions of ORS 273.563 to 273.591, this division, and the plan, after providing the opportunity for adequate public notice and hearing. (5) The Oregon Transportation Commission, the State Fish and Wildlife Commission, the State Board of Forestry, the State Board of Higher Education, and the State Land Board shall, with the advice and assistance of the department, establish procedures for the dedication of state natural areas on land, water, or both, the title of which is held by the State of Oregon, and which is under that agency’s management and control. (6) Instruments of dedication under sections (1) and (4) shall contain any information or provisions as the private owner, organization or agency and department consider necessary to complete the dedication. (7) Termination of the dedication of a state natural area by a public agency or a state natural area reserve by the department requires that the terminating agency: (a) Provide an opportunity for adequate public notice and hearing; and (b) Makes a finding of either: (A) An imperative and unavoidable necessity due to natural disaster in the site, need of the natural resource during time of declared war, or the need of the natural resource because of extreme economic crisis of the state; or (B) That the state natural area or state natural area reserve is no longer needed according to the guidelines of the plan, or has permanently lost its character, subject to the department’s approval. Statutory/Other Authority: ORS 390.124(4) Statutes/Other Implemented: ORS 273.586 History: PRD 2-2019, amend filed 06/17/2019, effective 06/17/2019 PRD 10-2012, f. & cert. ef. 12-13-12 PRD 2-2012, f. & cert. ef. 5-4-12
736-045-0410 Dedication and Management of a State Natural Area (Reserve): Publicity The department and the Institute for Natural Resources may develop and make available to private landowners, researchers, agencies and interested persons information about a state natural area or state natural area reserve and appropriate descriptive material. However, the department and the Institute for Natural Resources will avoid publicity which would tend to encourage the general public to visit a state natural area or state natural area reserve in greater numbers than its carrying capacity. Statutory/Other Authority: ORS 390.124(4) Statutes/Other Implemented: ORS 273.563 - 273.591 & 352.808(2)(f). History: PRD 2-2019, amend filed 06/17/2019, effective 06/17/2019 PRD 10-2012, f. & cert. ef. 12-13-12 PRD 2-2012, f. & cert. ef. 5-4-12
736-045-0412 Dedication and Management of a State Natural Area (Reserve): Reports At regular intervals the department may make or cause to be made a record of management activities and other influences affecting each state natural area and state natural area reserve. Statutory/Other Authority: ORS 390.124(4) Statutes/Other Implemented: ORS 273.563 - 273.591 History: PRD 2-2019, amend filed 06/17/2019, effective 06/17/2019 PRD 10-2012, f. & cert. ef. 12-13-12 PRD 2-2012, f. & cert. ef. 5-4-12
736-045-0414 Dedication and Management of a State Natural Area (Reserve): Instruments The instruments of dedication shall include, but not be limited to, the following: (1) The size, location, purpose, and resources of the state natural area or state natural area reserve; (2) A management scheme written for each state natural area or state natural area reserve which describes: (a) The conservation objective of the area; (b) Proscribed, allowed and prohibited activities on the area; and (c) Provisions as consistent as possible with OAR 736-045-0410 through 736-045-0448, which, unless otherwise noted, are a part of each management scheme. (3) Agreements between the department and any agency necessary to establish the state natural area or state natural area reserve. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 273.563 - 273.591 History: PRD 2-2019, amend filed 06/17/2019, effective 06/17/2019 PRD 10-2012, f. & cert. ef. 12-13-12 PRD 2-2012, f. & cert. ef. 5-4-12