justicedao/ipfs_state_laws huggingface dataset:
736-045-0416 Dedication and Management of a State Natural Area (Reserve): State Natural Area Manager Notwithstanding the instruments of dedication, managers of state natural areas or state natural area reserves shall not take any action or fail to take any action that is in conflict with an applicable statute, rule, regulation or policy relating to an agency having an interest in or responsibility for the state natural area or 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
736-045-0418 Dedication and Management of a State Natural Area (Reserve): Fire Prescribed fire may only be used as a management tool in such areas or situations where fire is needed to maintain or protect a state natural area or state natural area reserve as an ecosystem type specified in the management scheme. 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
736-045-0420 Dedication and Management of a State Natural Area (Reserve): Water Level Control Agencies shall manage state natural areas and the department shall manage state natural area reserves to maintain their natural water levels. Water levels which have previously been altered by man may be changed if provided for in the management scheme as essential for the restoration of natural conditions. 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
736-045-0422 Dedication and Management of a State Natural Area (Reserve): Disturbance of Natural Features The management of state natural area and state natural area reserves shall not include the cutting or removal of vegetation or the disturbance of other natural features, except that which is essential to carry out the management scheme enumerated in this division. 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
736-045-0424 Dedication and Management of a State Natural Area (Reserve): Visitor Protection Owners of land may provide guard rails, fences, steps, and bridges when essential to the safety of a reasonable alert and cautious visitor. 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
736-045-0426 Dedication and Management of a State Natural Area (Reserve): Erosion Control Erosion and soil deposition due to disturbances of natural conditions by man within or outside a state natural area or state natural area reserve may be controlled as provided in the management scheme. 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
736-045-0428 Dedication and Management of a State Natural Area (Reserve): Scenic or Landscape Management No measures or actions shall be taken to alter the natural growth or features of a state natural area or state natural area reserve for the purpose of enhancing its neatness, beauty, or amenities. 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
736-045-0430 Dedication and Management of a State Natural Area (Reserve): Control of Succession Control of succession may be undertaken only if maintenance or restoration of a particular ecosystem type or preservation of threatened or endangered species is designated in the instruments of dedication as an objective of the state natural area or state natural area reserve. Based on scientific evidence of necessity, successional control measures may be undertaken as provided in the management scheme. Such measures shall be applied with caution and only to that part of the area as is necessary. 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
736-045-0432 Dedication and Management of a State Natural Area (Reserve): Control of Introduced Plant Species Control of introduced plant species may be undertaken as provided in the management scheme. 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
736-045-0434 Dedication and Management of a State Natural Area (Reserve): Control of Wildlife Populations The control of wildlife populations on state natural areas and state natural area reserves shall be by agreements between the commission and Oregon Department of Fish and Wildlife, or other agency. As far as practical, any control measures shall be to correct those situations where wildlife populations are significantly affecting natural conditions on a state natural area or state natural area reserve. Statutory/Other Authority: ORS 390.124(4) Statutes/Other Implemented: ORS 273.563 - ORS 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
736-045-0436 Dedication and Management of a State Natural Area (Reserve): Introduction and Management of Special Species The introduction into or the management of a state natural area or state natural area reserve for special wildlife species shall be by agreement between the commission and the Oregon Department of Fish and Wildlife, Oregon Department of Agriculture or other agency as provided in the management scheme. 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
736-045-0438 Dedication and Management of a State Natural Area (Reserve): Use Tolerance The management scheme shall set forth the use tolerance or durability of all or any portion of a state natural area or state natural area reserve and specify the steps to be taken if overuse occurs. 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
736-045-0440 Dedication and Management of a State Natural Area (Reserve): Collecting Permits A person wishing to collect material from a site for the purposes of research, education or restoration within a state natural area or state natural area reserve shall secure written permission from: (1) The department; (2) The owner of the land; and (3) The appropriate agency if any, including but not limited to the Oregon Department of Fish and Wildlife. 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
736-045-0442 Dedication and Management of a State Natural Area (Reserve): Boundary Markers When feasible, boundaries of a state natural area or state natural area reserve may be made evident by placing markers at corners or other strategic locations or by boundary signs. 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
736-045-0444 Dedication and Management of a State Natural Area (Reserve): Fences Fences and barriers may be installed as provided in the management scheme. 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
736-045-0446 Dedication and Management of a State Natural Area (Reserve): Trails The location and specifications of any trails may be established in the management scheme. Trails shall be adequate to provide for allowed use of a state natural area or state natural area reserve, but otherwise kept to a minimum. The use of paving materials, footbridges and elevated walks may be allowed when necessary. 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
736-045-0448 Dedication and Management of a State Natural Area (Reserve): Other Structures and Improvements Signs and temporary research installations may be permitted within a state natural area or state natural area reserve. No other structures or facilities shall be located within a state natural area or state natural area reserve except as provided in the management scheme or this division. 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
736-045-0500 Dedication and Management of a State Natural Area (Reserve): Amendments The commission may review and approve or disapprove any modification to the plan submitted by the department. Statutory/Other Authority: ORS 390.124(4) Statutes/Other Implemented: ORS 273.578(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
736-045-0505 Dedication and Management of a State Natural Area (Reserve): Waiver of Rules The commission may waive all or any part of this division that would prevent the establishment, management, or protection of a state natural area or state natural area reserve if such rule is in conflict with an applicable statute, rule, regulation, or policy relating to an agency having an interest in or responsibility for the state natural area or the department interest in or responsibility for the 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
736-050-0001 Procedural Rules: Authority, Purpose and Policy (1) Authority: The authority for this division is granted to the State Historic Preservation Officer in accordance with ORS 358.545. (2) Purpose: These rules clarify the statutory requirement within the areas of expertise of the State Historic Preservation Officer for participation in the Special Assessment Program for Historic Property as provided in ORS 358.480 to 358.545. (3) Policy: The goals of the State Historic Preservation Officer are to maintain, preserve and rehabilitate historic properties through incentive programs that foster public-private partnerships to preserve Oregon’s shared cultural heritage for the benefit and education of the public, and to promote economic development and tourism, community revitalization, resource conservation, public infrastructure efficiency, and sustainability. Statutory/Other Authority: ORS 358.545 Statutes/Other Implemented: ORS 358.487 History: PRD 10-2025, amend filed 09/22/2025, effective 09/29/2025 PRD 4-2010, f. & cert. ef. 2-3-10 PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10 HPO 2, f. & ef. 9-10-76
736-050-0100 Special Assessment of Historic Property ORS 358.480 to 358.545 provides the process for applying for a special assessment of historic property. Statutory/Other Authority: ORS 358.545 Statutes/Other Implemented: ORS 358.487 History: PRD 10-2025, amend filed 09/22/2025, effective 09/29/2025 PRD 4-2010, f. & cert. ef. 2-3-10 PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10 PRD 4-2002, f. & cert. ef. 4-10-02 PR 11-1995, f. & cert. ef. 12-21-95 PR 7-1984, f. & ef. 12-6-84
736-050-0105 Definitions The definitions in ORS 358.480 apply to this division. Additionally, as used in this division, unless the context requires otherwise: (1) "Continuing Qualification Review" means a review of a historic property’s special assessment by the SHPO on its own initiative or in response to a request by a county assessor, local landmark commission , or governing body to determine if the historic property continues to qualify for a special assessment. (2) “Commercial Property” has the meaning provided in ORS 358.480(1 ). (3) “Local Landmark Commission” means an advisory or quasi-judicial body with a historic preservation ordinance or adopted historic design guidelines based on the historic rehabilitation standards, as provided in ORS 358.480( 5 ), and that has demonstrated expertise interpreting and implementing the historic rehabilitation standards for preservation, restoration, rehabilitation, and reconstruction, maintained by the United States Secretary of the Interior, National Park Service . This definition includes employees with delegated authority acting on behalf of the governing body or local landmark commission. (4 ) “National Register” means the National Register of Historic Places maintained by the United States Department of the Interior and administered by the National Park Service, which is the national list of historic properties significant in American history, architecture, archaeology, engineering, and culture. ( 5 ) “National Register of Historic Places nomination form” has the meaning provided in 36 CFR § 60.3(i) (2020) for National Register Nomination Form. ( 6 ) “Owner” has the meaning provided in ORS 358.480(7). ( 7) "Preservation Plan" has the meaning provided in ORS 358.480(10). ( 8 ) “Oregon State Historic Preservation Office” (Oregon SHPO) means an office of the Oregon Parks and Recreation Department (OPRD). ( 9 ) “State Historic Preservation Officer” (SHPO) means the Director of the Oregon Parks and Recreation Department and the State Historic Preservation Officer defined in ORS 358.565. Statutory/Other Authority: ORS 358.545 Statutes/Other Implemented: ORS 358.480 History: PRD 10-2025, amend filed 09/22/2025, effective 09/29/2025 PRD 4-2010, f. & cert. ef. 2-3-10 PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10 PRD 3-2006, f. & cert. ef. 5-8-06 PRD 4-2002, f. & cert. ef. 4-10-02 PR 11-1995, f. & cert. ef. 12-21-95 PR 2-1992, f. & cert. ef. 5-1-92 PR 7-1984, f. & ef. 12-6-84
736-050-0111 Application for the Special Assessment of Historic Property Program (1) ORS 358.480 to 358.545 provides the process for applying for a special assessment of historic property. (2) The Oregon SHPO will accept applications for the Special Assessment Program for Historic Property from November 1 through March 1 immediately preceding the tax year in which the historic property will be specially assessed . (3) An owner of property granted historic property special assessment may reapply for another term of special assessment. Subsequent terms are unlimited and may be consecutive. (4) Following approval of a complete application for classification and assessment under ORS 358. 490 , the Oregon SHPO must process the application classifying the property subject of the application as historic property and granting the property special assessment under ORS 358.487 to 358.543 once it receives a nonrefundable fee equal to one-third of one percent of the property’s real market value as of the assessment date for the application year during the application period provided in section (2). The Oregon SHPO must receive and credit payment on or before June 30 of the preceding tax year in which the county will specially assess the historic property. (5) The Oregon SHPO must notify the applicant, county assessor, governing body, and local landmark commission of its decision to approve , approve with conditions, or deny an application for the Special Assessment Program for Historic Property as described in ORS 358.490 in writing and record its decision as described in ORS 358.495(1) to (4). Statutory/Other Authority: ORS 358.545 & ORS 358.487 Statutes/Other Implemented: ORS 358.545 & ORS 358.480 History: PRD 10-2025, adopt filed 09/22/2025, effective 09/29/2025
736-050-0112 Requirement for Owner Expenditure (1) Under ORS 358.487(2)(a)(A), the 10 percent expenditure requirement may include the market value of donated materials, services, and professional labor. Nonprofessional volunteer labor may also be included and must be valued at the state minimum wage. (2) An owner of specially assessed historic property must submit documentation to the Oregon SHPO to demonstrate that the 10 percent expenditure requirement is met, including the date, description, and service provider details (name, address, and contact information) for all materials, services, and labor , and any other information requested by the SHPO. The documentation must demonstrate compliance with the SHPO approved Preservation Plan . Furnishings and appliances do not count toward the expenditure commitment . Statutory/Other Authority: ORS 358.545 Statutes/Other Implemented: ORS 358.487 History: PRD 10-2025, amend filed 09/22/2025, effective 09/29/2025 PRD 4-2010, f. & cert. ef. 2-3-10 PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10
736-050-0120 Owner and SHPO Responsibilities (1) An owner of specially assessed historic property must maintain the property in good condition, being structurally stable, weathertight, protected from deterioration, secured from unauthorized entry, and in compliance with state and local building codes and ordinances. (2) A n owner of specially assessed historic property must provide the SHPO with contact information, including the names of contact person(s), mailing address, phone number, and email address . (3) An owner of specially assessed historic property must notify the SHPO within 30 days of recording any change in ownership with the county assessor. (4) An owner of specially assessed historic property must obtain and maintain property insurance as required under ORS 358.487(2)(d). (5) The SHPO must monitor owner compliance with program requirements by requesting such information from an owner as described in ORS 358. 480 to 358.545 and in this division throughout the period the specially assessed historic property is enrolled in the Special Assessment Program for Historic Property . If an owner does not respond to the request by providing the required information within the specified time, the SHPO may seek mandatory remedial action, initiate removal of the property's special assessment pursuant to OAR 736-050-0135, or both. An owner’s failure to respond resulting from not providing the SHPO current contact information as described in section (2) does not relieve an owner of the requirement to respond to the SHPO’s request for information. (6) Participants who entered the program prior to May 28, 2025 , must submit amendments to the Preservation Plan to the SHPO in the third, sixth and ninth year of the 10-year benefit period in lieu of the reporting schedule in ORS 358.500(1 ). (7) The SHPO must provide the owner with a plaque that the owner must install on the specially assessed historic property as described in ORS 358.495(2)(c ). (a) An owner must install the plaque in a non-destructive manner based on the SHPO’s direction. (b) An owner must maintain the plaque in good condition and ensure that it is visible from the public right-of-way throughout the 10-year benefit period. An owner must replace the plaque at the owner’s expense if it is lost, stolen, or vandalized. The SHPO must replace the plaque if it deteriorates so that it is illegible due to poor quality or natural weathering during the ten 10-year benefit period . (c) An owner must submit a photo demonstrating that the plaque is installed as described in when submitting written progress reports . Statutory/Other Authority: ORS 358.545 Statutes/Other Implemented: ORS 358.480, 358.500 & 358.515 History: PRD 10-2025, amend filed 09/22/2025, effective 09/29/2025 PRD 4-2010, f. & cert. ef. 2-3-10 PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10 PRD 3-2007, f. & cert. ef. 4-13-07 PRD 2-2007, f. & cert. ef. 2-8-07 PRD 3-2006, f. & cert. ef. 5-8-06 PRD 4-2002, f. & cert. ef. 4-10-02 PR 11-1995, f. & cert. ef. 12-21-95 PR 2-1992, f. & cert. ef. 5-1-92 PR 7-1984, f. & ef. 12-6-84
736-050-0140 Appeal Process (1) An owner of historic property enrolled in the Special Assessment Program for Historic Property prior to July 1, 2024, may appeal all decisions made by the SHPO to the Historic Assessment Review Committee (HARC). The HARC must establish and may amend procedures for an appeal at a noticed public hearing, effective at the body’s next public hearing. (2) An owner , county assessor, or governing body aggrieved by SHPO determination regarding a property applying for or enrolled in the Special Assessment Program for Historic Property after July 1, 2025, may appeal all decisions made by the SHPO as a contested case under the provisions of ORS 358.495(5). Statutory/Other Authority: ORS 358.545 Statutes/Other Implemented: ORS 358.495 History: PRD 10-2025, amend filed 09/22/2025, effective 09/29/2025 PRD 4-2010, f. & cert. ef. 2-3-10 PRD 14-2009(Temp), f. & cert. ef. 9-28-09 thru 3-26-10 PRD 3-2006, f. & cert. ef. 5-8-06 PRD 4-2002, f. & cert. ef. 4-10-02 PR 11-1995, f. & cert. ef. 12-21-95 PR 2-1992, f. & cert. ef. 5-1-92 PR 7-1984, f. & ef. 12-6-84
736-050-0200 State Advisory Committee on Historic Preservation: Purpose These sections of Chapter 736, Oregon Administrative Rules establish: (1) Organization and duties of the State Advisory Committee on Historic Preservation. (2) State Historic Preservation Office staff responsibilities to the Committee and procedures for conducting the National Register of Historic Places program. (3) Procedures for Committee review and approval of nominations to the National Register. (4) Procedures relating to the Committee and conflict-of-interest. Statutory/Other Authority: ORS 358.617 Statutes/Other Implemented: ORS 358.617 History: PR 9-1995, f. 10-12-95, cert. ef. 10-16-95 PR 8-1991, f. & cert. ef. 6-13-91
736-050-0210 State Advisory Committee on Historic Preservation: Statutory Authority ORS 358.617 requires the State Historic Preservation Officer to adopt rules to carry out the duties and functions of the officer, including rules governing cultural resource management programs. Statutory/Other Authority: ORS 358.617 Statutes/Other Implemented: ORS 358.617 History: PR 9-1995, f. 10-12-95, cert. ef. 10-16-95 PR 8-1991, f. & cert. ef. 6-13-91