justicedao/ipfs_state_laws huggingface dataset:
736-027-0030 Permit (1) A person who wishes to remove any salvage from the regulated area shall apply for a permit to do so to: (a) South Coast: (Cape Perpetua to California border), Region Parks Supervisor, 365 N. 4th Street, Coos Bay, OR 97420, Phone: 269-9410. (b) North Coast: (Cape Perpetua to Columbia River), Region Parks Supervisor, 3600 E. 3rd Street, Tillamook, OR 97141, Phone: 842-5501. (2) The applicant for a permit to remove salvage from any beach in the regulated area must provide the Department with satisfactory evidence that the applicant is owner of, an agent for the owner of, or has a custodial right to, the salvage. (3) The applicant for a permit to remove salvage from any beach in the regulated area must provide the Department with the applicant’s name, address and telephone number, a designation of the precise beach area on which the applicant wishes to conduct removal operations, the access(es) to and from the beach the applicant wishes to conduct salvage removal operations over, the number and types of equipment to be used, description of the type, quantity, and value of the salvage within the area, and such other information as the issuing office deems necessary to ensure fulfillment of the policies set forth in section (4) of this rule. (4) The issuing office may in its discretion issue or refuse to issue a permit. In issuing a permit the office may impose such conditions as it deems reasonably necessary to fulfill the following policies. The following criteria shall also be used in determining whether to issue a particular permit: (a) Protection of scenic and recreational use values of the beaches; (b) Ensuring orderly retrieval of salvage by the legal owners or custodians; (c) Protection of shorelines from erosion; (d) Protection of clam beds, vegetation, intertidal marine life and wildlife habitats; (e) Protection of public safety by reducing fire hazards, hazards to shoreline structures, and by eliminating other public hazards; (f) Protection of interests of upland property owners, private and public; (g) Minimization of adverse impacts of salvage loading and hauling operations. (5) Permit conditions and restrictions may include, but are not limited to, restrictions on the times and places of removal, the amount and type of equipment used, the provision by the applicant of liability insurance in form and amount satisfactory to the Department, and special restrictions to protect environmentally sensitive areas. 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
736-027-0035 Action in Emergencies When prompt action is necessary to protect the value of the salvage, the salvage owner may act to preserve the salvage without having first obtained a permit, but the salvage owner shall be responsible for any damage to public or private property, or to the beach resulting from such action. The owner shall notify the Department of salvage activity as soon as possible after emergency action. 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
736-027-0040 Disposition of Salvage Removed by Parks (1) In the event that the Parks and Recreation Department exercises its authority to remove salvage under OAR 736-027-0020(3), (4), or (5), the Department may do so with its own forces, or may arrange for others to perform the removal in its behalf. (2) Where the salvage consists of a boat which is repairable and the hull and keel are substantially intact, and the Department cannot locate the owner, the Department shall notify the county sheriff, and the boat shall be disposed of as provided in ORS 830.908 to 830.948. If the owner is determined before the sheriff is notified, the owner may take possession of the boat upon payment to the Department of the costs of its removal, any attendant clean-up of beach or facilities, and storage. (3) Where the salvage consists of any object, thing or material which is not a boat, and the Department cannot locate the owner, the salvage shall be disposed of as provided in ORS 98.005–98.025. If the owner is determined before the county clerk is notified pursuant to ORS 98.005, the owner may take possession of the salvage upon payment to the Department of the costs of its removal, any attendant clean-up of beach or facilities, and storage. Statutory/Other Authority: ORS 183.545, 184 & 390.660 Statutes/Other Implemented: ORS 390.660 History: PRD 2-2023, minor correction filed 07/05/2023, effective 07/05/2023 PR 13-1992, f. & cert. ef. 11-12-92 PR 15-1984, f. & ef. 12-12-84
736-027-0045 Other Provisions (1) A salvage removal permit does not constitute a license to trespass on private property — Permittees may gain access to the beaches only by way of public accesses or with permission of the access owner. (2) If title to the beach land on which the salvage rests belongs to private persons, then proof of permission to remove the salvage, satisfactory to the issuing office, must be obtained from the private land owner prior to removal of the salvage. (3) The permittee is responsible for any damage caused to private or public property or injury to persons resulting from his operations. Statutory/Other Authority: ORS 184 & 390 Statutes/Other Implemented: ORS 390.660 History: PR 15-1984, f. & ef. 12-12-84
736-028-0005 Purpose Pursuant to Chapter 673, Oregon Laws 1973 and Chapter 395, Oregon Laws 1985 (ORS 390.270–390.290), the Department of Parks and Recreation shall provide matching fund grants to cities, counties, and Rural Fire Protection Districts (RFPD’s) providing lifesaving services on the ocean shore. These grants shall be distributed in the amounts and under the conditions set forth in Chapter 673 and in these rules. Statutory/Other Authority: ORS 183.545 & 390.150 Statutes/Other Implemented: ORS 390.280 History: PR 14-1992, f. & cert. ef. 11-12-92 PR 3-1986, f. & ef. 3-14-86 PR 2-1981, f. & ef. 2-25-81
736-028-0010 Definitions (1) “Act” shall mean Chapter 673 of Oregon Laws 1973, as amended by Chapter 395, Oregon Laws 1985. (2) “Commission” shall mean the Oregon Parks and Recreation Commission or any authorized agent thereof. (3) “Costs” shall mean the actual direct costs of lifesaving services borne by a provider agency, including personal services, supplies, transportation, communication, insurance, acquisition or construction of facilities and other related costs. Costs of items which relate to other programs of a provider agency in addition to lifesaving services shall be prorated in cost reports submitted to the Department. (4) “Department” shall mean the Oregon Department of Parks and Recreation. (5) “Applicant” shall mean, as applicable, the county court or board of commissioners of any county, the city council of any city or the chief of any coastal RFPD. (6) “Fiscal year” shall mean the period from July 1 of any calendar year until June 30 of the next succeeding calendar year. (7) “Lifesaving services” shall mean the provision of personnel, equipment or facilities for the protection of persons using recreational places along the ocean shore. (8) “Ocean shore” shall mean the land lying between extreme low tide of the Pacific Ocean and the line of vegetation, as established and 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. (9) “Subject year” shall mean any fiscal year in which lifesaving services were performed for which a matching fund grant is requested by a provider agency. Statutory/Other Authority: ORS 183.545 & 390.150 Statutes/Other Implemented: ORS 390.280 & 390.605 History: PRD 7-2000, f. & cert. ef. 5-10-00 PR 14-1992, f. & cert. ef. 11-12-92 PR 3-1986, f. & ef. 3-14-86 PR 2-1981, f. & ef. 2-25-81
736-028-0015 Eligibility A provider agency shall be eligible for matching fund grants on account of services and capital acquisitions provided during any subject year if: (1) Prior to the commencement of the first fiscal year for which a matching fund grant is requested, the provider agency has filed with the Department a report setting forth: (a) The services proposed to be provided; (b) The methods of operation of such services; and (c) The procedures for the accounting of costs. (2) In the event that in any subsequent fiscal year an applicant proposes to vary the services, methods or procedures set forth under section (1) of this rule, such changes have been set forth in a report filed with the appropriate Region State Parks Supervisor prior to the commencement of the fiscal year in which such charges will be implemented. (3) The cost of that portion of such services which has been declared eligible for participation by the Department during the subject year is in excess of $5,000. (4) An application for a matching fund grant has been properly and timely filed in accordance with OAR 736-028-0025. (5) The applicant has further complied with applicable regulations relating to provisions of lifesaving services as such regulations are promulgated from time to time by the Commission. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390.280 History: PR 3-1986, f. & ef. 3-14-86 PR 2-1981, f. & ef. 2-25-81
736-028-0020 Matching Fund Grants Provider agencies determined to be eligible for matching fund grants shall receive grants equal to 75% of the cost of approved services in excess of $5,000, provided that in the event that the monies available to the Department for matching fund purposes are less than the total amount needed to satisfy all approved applications according to the above formula, available funds shall be distributed to approved applicants on a pro rata basis. Grants for any subject year shall be made out of funds available to the Department for such purpose in the next succeeding fiscal year. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390.290 History: PR 2-1981, f. & ef. 2-25-81
736-028-0025 Applications (1) Applications for matching grants shall be submitted no later than the first day of February in the fiscal year following any subject year. (2) Applications and eligibility reports shall be submitted at the following addresses: (a) Clatsop, Tillamook, Lincoln Counties: Region II Parks Supervisor, 3600 E. 3rd Street, Tillamook, OR 97141; (b) Lane, Douglas, Coos, Curry Counties: Region III Parks Supervisor, 365 N. 4th Street, Coos Bay, OR 97420. (3) Applications shall include: (a) The name and mailing address of applicant; (b) A report of the services provided, methods of operation and accounting procedures used by applicant during the subject year and any changes in said methods and procedures proposed to be implemented for the next succeeding fiscal year. (Reference may be made to documents on file with the Department); (c) An account of the costs of services provided during the subject year which have been found eligible for participation in the program pursuant to OAR 736-028-0015. This account shall be certified as accurate by the chief financial officer of applicant or an authorized deputy; (d) A brief report of important lifesaving activities undertaken during the subject year, including a record of any assists and any drownings that occurred. Statutory/Other Authority: ORS 183.545 & 390.150 Statutes/Other Implemented: ORS 390.285 History: PR 14-1992, f. & cert. ef. 11-12-92 PR 3-1986, f. & ef. 3-14-86 PR 2-1981, f. & ef. 2-25-81
736-028-0030 Cities and Counties: Standards (1) Quality of Overall Performance — A recognized acceptable lifesaving system or an approved adaptation of one of these systems must be employed. Two recognized systems are: The Surf Lifesaving Association of Australia, and the Los Angeles County Ocean Beach Lifesaving Program. Evidence must be produced that a like quality of performance is being achieved. (2) Individual Proficiencies: (a) Lifesaving — Lifeguards must have at least a current Water Safety Certificate and be able to demonstrate acceptable proficiency in lifesaving technique; (b) First Aid — Lifeguards must have a current standard or advanced Red Cross first aid card and be able to demonstrate acceptable proficiency in first aid practices; (c) In-service training must be an integral part of the lifesaving program; (d) Proficiency drills and practice sessions also must be an integral part of the program; (e) A record of practice sessions and rescue attempts is to be submitted to the appropriate Region State Parks Supervisor at the end of each session. (3) Required Equipment: (a) There must be at least one guard tower or designated lifesaving post at each designated swim area; (b) Radio and/or telephones must be available at the tower or station to immediately summon additional lifesaving assistance in the event of an emergency; (c) A vehicle must be available at or near the tower or station for immediate use. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390.280 History: PR 3-1986, f. & ef. 3-14-86 PR 2-1981, f. & ef. 2-25-81
736-028-0035 Rural Fire Protection Districts: Standards (1) Search and Rescue. Each Rural Fire Protection District must keep an accurate record of individual search and rescue responses on forms provided by the Department. Such records must be submitted with the application for reimbursement. (2) Capital Acquisitions, Supplies and Services. All RFPD equipment purchased which are submitted for partial reimbursement must be itemized with any and all invoices attached showing name of vendor and date of purchase. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390.280 History: PR 3-1986, f. & ef. 3-14-86
736-029-0010 Purpose (1) This division governs the use of portions of the ocean shore as well as areas adjacent to state parks that the State Land Board has designated as a Marine Reserve or Marine Protected Area (OAR chapter 141, division 142). The Fish and Wildlife Commission has adopted prohibitions and allowances on harvest of fish and wildlife resources (OAR chapter 635, division 12). The Department of State Lands (DSL) has adopted rules regarding authorized uses within the marine reserves and marine protected areas. (2) This division shall go into effect on June 30, 2011 to coincide with the effective date of Oregon Department of Fish and Wildlife (ODFW) prohibitions and allowances. Statutory/Other Authority: ORS 390.124 & 390.660 Statutes/Other Implemented: ORS 390.635; 390.660 & 2009 OL Ch. 847 History: PRD 3-2010, f. 2-3-10, cert. ef. 6-30-11
736-029-0030 Definitions For purposes of this division, unless the context requires otherwise, the following definitions apply: (1) “Commission” means the State Parks and Recreation Commission. (2) “Department” means the State Parks and Recreation Department, known as Oregon Parks and Recreation Department (OPRD). (3) “Director” means the State Parks and Recreation Director. (4) “Marine Reserve” means the area established by the State Land Board and identified in OAR chapter 141, division 142. (5) “Marine Protected Area” means the area established by the State Land Board and identified in OAR chapter 141, division 142. (6) “Natural Product” means living or non-living natural products on the ocean shore, including but not limited to marine plants, minerals, shells, rocks, and sand. (7) “Personal Use” means use that is directly by the individual for purposes other than monetary reward and not involving sale, barter, resale, or exchange for money. (8) “Ocean Shore” as provided in ORS 390.605(2), means the land lying between extreme low tide of the Pacific Ocean and the statutory vegetation line as described by 390.770 or the line of established upland shore vegetation, whichever is farther inland.“Ocean shore” does not include an estuary as defined in 196.800. (9) “Ocean Shore Permit” means: a permit under ORS 390.640 for a structure, appurtenance or other addition, modification or alteration, including habitat restoration, constructed, placed or made on the ocean shore; a permit under 390.715 for a pipeline, cable line, or conduit placed or made across or under the ocean shore; or a permit under 390.725 for the removal of products from the ocean shore. (10) “Salvage” or “Salvageable Object” means any object, thing or material, exclusive of drift logs, which is not in its natural state, and is not a “natural product of the ocean shore”, which is washed up or deposited on the ocean shore. (11) “Souvenirs” include a small quantity of agates, driftwood, and similar non-living items collected for non-commercial personal use. Statutory/Other Authority: ORS 390.124 & 390.660 Statutes/Other Implemented: ORS 390.635, 390.660, 390.725(4) & 2009 OL Ch. 847 History: PRD 3-2010, f. 2-3-10, cert. ef. 6-30-11
736-029-0050 Penalties A violation of OAR 736-029-0040 is as an ocean shore violation subject to fines as provided in OAR 736-021-0050. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.050 & 390.124 History: PRD 3-2010, f. 2-3-10, cert. ef. 6-30-11
736-030-0000 Purpose of Rules in Division 30 Regulations in this division apply to ocean shores adjacent to the coastal cities specified in each rule. The named cities may adopt parallel ordinances to regulate activities on the ocean shores and may enforce such ordinances to the extent they are consistent with the rules in this division. Cities will notify the department of all actions taken under these regulations. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 153.110, 390.050, 390.124 & 390.660 History: PR 11-1994, f. 11-29-94, cert. ef. 12-1-94
736-030-0005 Prohibition of Horses and Other Livestock Horses and other livestock are prohibited on the ocean shore between the south city limits of Rockaway and northward to the mouth of the Nehalem River in Tillamook County. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.124 & 390.660 History: PR 11-1994, f. 11-29-94, cert. ef. 12-1-94 1OTC 9, f. 11-21-73, ef. 12-12-73
736-030-0010 Prohibition of Dogs Off Leash Dogs are prohibited except on a leash or under voice or signal command on the ocean shore within the city limits of Cannon Beach, Seaside and Rockaway Beach. The owner is responsible for the animal's behavior and physical control while on the beach. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.124 & 390.660 History: PRD 7-2003, f. & cert. ef. 10-3-03 PR 3-1997, f. 11-5-97, cert. ef. 11-10-97 PR 11-1994, f. 11-29-94, cert. ef. 12-1-94
736-030-0020 Prohibition of Camping Overnight camping, including overnight sleeping in tents, driftwood shelters, sleeping bags, recreational vehicles, trailers or automobiles, on the ocean shore within the city limits of Cannon Beach, Lincoln City, Seaside, Newport, Bandon, Gold Beach, Brookings, Rockaway Beach and Manzanita is prohibited. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.124 & 390.660 History: PRD 11-2024, amend filed 11/26/2024, effective 12/01/2024 PR 3-1997, f. 11-5-97, cert. ef. 11-10-97 PR 11-1994, f. 11-29-94, cert. ef. 12-1-94
736-030-0030 Prohibition of Windsailing No person shall windsail on any beach within the city limits of Cannon Beach and Seaside except by permit from the city. A windsail is a sail propelled 3 or 4 wheeled cart. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.124 & 390.660 History: PR 11-1994, f. 11-29-94, cert. ef. 12-1-94
736-030-0040 Prohibition of Alcoholic Beverages Consumption of alcoholic beverages exceeding 14% alcoholic content is prohibited on the ocean shore within the city limits of Seaside except when under OLCC license and State Parks and Recreation Department permit. The consumption of all alcoholic beverages is prohibited on the ocean shore within the city limits of Seaside during Oregon schools spring break. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.124 & 390.660 History: PR 11-1994, f. 11-29-94, cert. ef. 12-1-94
736-030-0050 Prohibition of Fireworks There shall be no fireworks permitted on the ocean shore within the city limits of Seaside, except by joint permit from the respective city and the Area One Park Manager. The definition of fireworks is found in OAR 837-012-0072(19). Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.124 & 390.660 History: PR 11-1994, f. 11-29-94, cert. ef. 12-1-94
736-030-0060 Prohibition of Playing Golf Playing golf on the ocean shore within the city limits of Seaside is prohibited except by permit from the city. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.124 & 390.660 History: PR 11-1994, f. 11-29-94, cert. ef. 12-1-94
736-030-0070 Prohibition of Launching Boats, Watercraft The launching of any rigid watercraft such as metal or fiberglass canoes and boats and jet skis on the ocean shore within the city limits of Seaside and Cannon Beach is prohibited except by permit from the city. This does not apply to inflatable rafts and boats, inner tubes or swimmer safety devices. The launching of surfboards from Avenue “U” north in Seaside is also prohibited. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.124 & 390.660 History: PR 11-1994, f. 11-29-94, cert. ef. 12-1-94
736-030-0080 Prohibition of Rock Climbing Climbing on Haystack Rock in Cannon Beach is prohibited except by written permission from the U.S. Fish and Wildlife Service. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.124 & 390.660 History: PR 3-1997, f. 11-5-97, cert. ef. 11-10-97
736-030-0090 Beach Lifeguard Authority Within the city limits of Cannon Beach, city lifeguards shall have the authority to restrict the launching of inflatable devices by individuals, on a case-by-case basis, when necessary for public safety or the safety of an individual. No person shall disregard a city lifeguard’s instructions relating to the launching of inflatable devices within the city limits of Cannon Beach. Statutory/Other Authority: ORS 390.660 Statutes/Other Implemented: ORS 390.124 & 390.660 History: PRD 11-1998, f. 7-30-98, cert. ef. 7-31-98
736-030-0095 Prohibition of Camping on Beaches in Clatsop County Camping on the ocean shore between the Necanicum River and the South Jetty of the Columbia River is prohibited. For the purposes of this rule, camping includes, but is not limited to, erecting a tent or temporary shelter or arranging bedding, or both, or parking a recreation vehicle or other vehicle in such a manner as will permit remaining overnight, or for other extended periods. Statutory/Other Authority: ORS 390.635 & 390.660 Statutes/Other Implemented: ORS History: PRD 3-1999, f. & cert. ef. 5-11-99
736-030-0100 Prohibition of Camping on Beaches in Tillamook County Camping on the ocean shore between the north boundary of the City of Manzanita and the Neahkahnie Mountain headland is prohibited until such time as the adoption of a comprehensive ocean shore management plan may allow camping in the above area. For purposes of this rule, camping includes, but is not limited to, erecting a tent or temporary shelter or arranging bedding, or both, or parking a recreation vehicle or other vehicle in such a manner as will permit remaining overnight, or for other extended periods. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.365 & 390.660 History: PRD 11-2000, f. & cert. ef. 9-27-00