justicedao/ipfs_state_laws huggingface dataset:
141-088-0004 General Provisions (1) All Trust and Non-Trust Land under the jurisdiction of the State Land Board and the Department is open and available for public recreational use provided that such use: (a) Is legal under local, state and federal law; (b) Is allowed under the Department’s Asset Management Plan; (c) Does not, due to the nature or duration of the use, unnecessarily prevent other persons from using the same state-owned land; and (d) Does not, as determined by the State Land Board or the Department: (A) Substantially interfere with the use of land by persons holding a written authorization from the Department to use the subject site(s), parcel(s) or area(s); (B) Pose a significant risk of harm or damage to the natural, cultural and archaeological resources of the land or to the public; or (C) Substantially interfere with tribal treaty rights. (2) Any person may request that the Department impose restrictions on public recreational use of state-owned land, or close state-owned land managed by the Department to public recreational use. A request must be in writing and must clearly state the reasons such a restriction or closure is necessary. (3) The Department may also identify state-owned land on which it believes public recreational use should be restricted or that should be closed to public recreational use. (4) Restrictions or closures by the State Land Board or the Director will be: (a) Based on a determination that the action is necessary to: (A) Protect human life, health or safety; (B) Prevent loss of, or damage to property; (C) Prevent loss of, or damage to natural, historical or archaeological resources; (D) Prevent damage to the environment; (E) Facilitate or protect a removal or remedial action undertaken by or pursuant to an order issued by the Oregon Department of Environmental Quality (DEQ) or the United States Environmental Protection Agency (EPA); (F) Fulfill an objective of an area management plan developed by the Department; or (G) Meet other land management objectives or terms of any use authorization granted by the Department. (b) As limited in area, duration and scope as necessary to address the identified need for the restriction or closure. (5) All restrictions or closures will be promulgated by the State Land Board except that the Director may impose a restriction or closure when the Director determines that: (a) The restriction or closure is necessary to address an emergency; or (b) The restriction or closure is necessary to facilitate or protect a removal or remedial actions undertaken by or pursuant to an order issued by the Oregon Department of Environmental Quality (DEQ) or the United States Environmental Protection Agency (EPA). Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 5-2009, f. & cert. ef. 6-23-09
141-088-0005 Restriction or Closure Request and Review Process (1) Upon receipt of a request to impose restrictions on, or close state-owned land to public recreational use, the Department will review the request to evaluate the need for the restriction(s) or closure. (2) As a part of its review, the Department may: (a) Determine if feasible alternative approaches exist to address the problem(s) for which the restrictions or closure is requested; and (b) Contact, persons or groups likely to be impacted by the proposed restrictions or closure including, but not limited to, law enforcement officials, users of the subject site, area or parcel, and adjacent landowners. (3) Following its review of the request, the Department will make a recommendation to the Director concerning whether to place the requested restrictions on the public recreational use of, or to close to such uses the state-owned land. (4) Upon receipt of the Department’s recommendation, the Director will determine whether the restriction or closure must be promulgated by the State Land Board pursuant to OAR 141-088-0006, or may be imposed by the Director pursuant to either OAR 141-088-0007 or 141-088-0008. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 5-2009, f. & cert. ef. 6-23-09
141-088-0006 Restrictions or Closures Adopted by the State Land Board (1) All restrictions or closures by the State Land Board will be promulgated as rules in accordance with ORS 183.310 to 183.410. (2) The State Land Board will adopt the proposed restriction or closure to public recreational use if the Land Board determines: (a) That the restriction or closure is necessary to: (A) Protect human life, health or safety; (B) Prevent loss of, or damage to property; (C) Protect natural, historical, cultural or archaeological resources; (D) Prevent damage to the environment; (E) Facilitate or protect a removal or remedial action undertaken by or pursuant to an order issued by the Oregon Department of Environmental Quality (DEQ) or the United States Environmental Protection Agency (EPA) in pursuit of identifying and remediating contaminated soil or sediments on state-owned land; (F) Fulfill an objective of an area management plan developed by the Department; or (G) Meet other land management objectives or terms of a use authorization; and (b) That there is no feasible alternative to accomplish that objective without imposition of a restriction or closure. (3) Restrictions or closures adopted by the State Land Board will be as limited in area, duration and scope as necessary to address the identified need for the restriction or closure. (4) If the State Land Board adopts a restriction or closure by rule the Department will: (a) Notify affected local, state and federal government agencies and tribal governments, as well as other interested persons or groups that might be affected by the imposition of restrictions or a closure, or that have indicated that they want to be notified of such actions; and (b) Post a notice of such proposed public use restrictions or closure at least four weeks before the time that the restrictions or closure is to take effect: (A) One time in the Public Notices Section of The Oregonian and, if the Director deems appropriate, in another newspaper serving the general area in which the proposed restriction or closure is to occur; and (B) On the Department’s website upon imposition of the restrictions or closure at http://www.oregon.gov/DSL Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 2-2015, f. 5-6-15, cert. ef. 6-1-15 DSL 5-2009, f. & cert. ef. 6-23-09
141-088-0007 Restrictions or Closures Imposed by the Director to Address an Emergency (1) The Director may impose a restriction or closure in the event s/he determines that the restriction or closure is necessary to address an emergency. (2) Restrictions or closures imposed by the Director to address an emergency will be as limited in area, duration and scope as necessary to address the identified need for the restriction or closure. (3) If the Director imposes a restriction or closure, the Department will: (a) Notify affected local, state and federal government agencies and tribal governments, as well as other interested persons or groups that the Department believes might be affected by the imposition of restrictions or a closure, or that have indicated that they want to be notified of such actions; and (b) Post a notice of such proposed public use restrictions or closure: (A) One time in the Public Notices Section of The Oregonian and, if the Director deems appropriate, in another newspaper serving the general area of the subject restriction or closure within two weeks after the restrictions or closure take effect; and (B) On the Department’s website upon imposition of the restrictions or closure at http://www.oregon.gov/DSL Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 2-2015, f. 5-6-15, cert. ef. 6-1-15 DSL 5-2009, f. & cert. ef. 6-23-09
141-088-0008 Restrictions or Closures Imposed by the Director to Facilitate or Protect Removal or Remedial Actions (1) The Director may impose restrictions on, or close state-owned land if the Director determines that the restriction or closure is necessary to facilitate or protect any removal or remedial action undertaken by or pursuant to an order issued by DEQ or EPA. (2) Restrictions or closures imposed by the Director will be as limited in area, duration and scope as necessary to address the identified need for the restriction or closure. (3) Before imposing a restriction or closure, the Department will provide a 30- calendar-day public comment period on the proposed restriction or closure. An affected party may request a public meeting with agency staff to be held during this 30-day period to discuss the proposed action. (4) Notice of this public comment period and the opportunity to request a public meeting with agency staff will be: (a) Sent to affected local, state and federal government agencies and tribal governments, as well as other interested persons that have indicated that they want to be notified of such actions; and (b) Posted: (A) One time in the Public Notices Section of The Oregonian and, if the Director deems appropriate, in another newspaper serving the general area one week before the start of the public comment period; and (B) On the Department’s website upon imposition of the restrictions or closure at http://www.oregon.gov/DSL (5) A restriction or closure imposed by the Director will not take effect until a date to be determined by the Director which must be at least four weeks following posting of a notice of the restriction or closure. (6) If the Director imposes a restriction or closure the Department will: (a) Notify affected local, state and federal government agencies and tribal governments, as well as other interested persons that have indicated that they want to be notified of such actions; and (b) Post a notice of such proposed public use restrictions or closure at least four weeks before the time that the restriction or closure is to take effect: (A) One time in the Public Notices Section of The Oregonian and, if the Director deems appropriate, in another newspaper serving the general area before the start of the restrictions or closure is to take effect; and (B) On the Department’s website at http://www.oregon.gov/DSL Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 2-2015, f. 5-6-15, cert. ef. 6-1-15 DSL 5-2009, f. & cert. ef. 6-23-09
141-088-0009 Unauthorized Uses and Penalties (1) The unauthorized use of state-owned land managed by the Department constitutes a trespass. (2) In addition to any other penalties provided or permitted by law, the Department may pursue whatever remedies are available under law to ensure that any use that is in violation with these rules is either brought into compliance with the requirements of these rules or other applicable law, or ceased or removed. (3) In addition to any other penalty or sanction provided by law, the Director may assess a civil penalty of not more than $1,000 per day of violation for violations of any provision of these rules or ORS 274 that occurs on state-owned submerged or submersible lands pursuant to ORS 274.992. (4) The Director will give written notice of a civil penalty incurred under OAR 141-088-0009(3) by registered or certified mail to the person incurring the penalty. The notice will include, but not be limited to the following: (a) The particular section of the statute or this rule involved; (b) A short and clear statement of the matter asserted or charged; (c) A statement of the party’s right to request a hearing within 20 calendar days of the notice; (d) The time allowed to correct a violation; and (e) A statement of the amount of civil penalty which may be assessed and terms and conditions of payment if the violation is not corrected within the time period stated. (5) The person incurring the penalty may request a hearing within 20 calendar days of the date of service of the notice provided in OAR 141-122-0130(3) or 141-123-0120(3). Such request must be in writing. If no written request for a hearing is made within the time allowed, or if the party requesting a hearing fails to appear, the Director may make a final order imposing the penalty. (6) In imposing a penalty under OAR 141-088-0009 of these rules, the Director will consider the following factors as specified in ORS 274.994: (a) The past history of the person incurring a penalty regarding other trespasses on state-owned land manager by the Department; (b) Any prior violations of statutes, rules, orders and authorizations pertaining to submerged and submersible land; (c) The impact of the violation on public trust uses of commerce, navigation, fishing and recreation; and (d) Any other factors determined by the Director to be relevant and consistent with the policy of these rules. (7) Pursuant to ORS 183.090(2), a civil penalty imposed under OAR 141-088-0009 will become due and payable 10 calendar days after the order imposing the civil penalty becomes final by operation of law or on appeal. (8) If a civil penalty is not paid as required by OAR 141-088-0009, interest will accrue at the maximum rate allowed by law from the date first due. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 7-2020, minor correction filed 05/12/2020, effective 05/12/2020 DSL 5-2009, f. & cert. ef. 6-23-09
141-088-0010 Restrictions for the State-Owned Property at Dibblee Point (Columbia River) All state-owned land that is under the jurisdiction of the Department in the area known as Dibblee Point or Slaughters Bar, between Columbia River Mile 64.0 and Columbia River Mile 66.0, lying between the Burlington Northern Railroad and the left bank of the Columbia River, west of the Longview Rainier Bridge, in Sections 1 and 12, Township 7 North, Range 3 West, and Sections 7 and 8, Township 7 North, Range 2 West, Willamette Meridian, in Columbia County, Oregon, is closed to all uses between 10 p.m. and 5 a.m. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 2-2004, f. & cert. ef. 6-11-04 Reverted to LB 3-1989, f. & cert. ef. 5-18-89 DSL 5-1998(Temp), f. & cert. ef. 5-4-98 thru 10-28-98 LB 3-1989, f. & cert. ef. 5-18-89 LB 4-1988(Temp), f. & cert. ef. 11-7-88
141-088-0020 Restrictions for the State-Owned Banks of the McKenzie River Bar All state-owned land that is under the jurisdiction of the Department between the line of ordinary high water and line of ordinary low water along the north bank of the McKenzie River across from Armitage State Park, between River Mile 6.5 and River Mile 7.2, located in Sections 9 and 10, Township 17 South, Range 3 West, Willamette Meridian, in Lane County, Oregon, is closed to overnight camping and motor vehicles, except watercraft, between 10 p.m. and 5 a.m. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 2-2004, f. & cert. ef. 6-11-04 LB 1-1992, f. & cert. ef. 3-9-92 LB 9-1991(Temp), f. 9-13-91, cert. ef. 11-1-91
141-088-0035 Restrictions for the State-Owned Banks of the Sandy River All state-owned land that is under the jurisdiction of the Department that is between the line of ordinary high water and the line of ordinary low water and on river islands on the Sandy River from River Mile 0.0 to 37.5 is closed to: (1) All uses between 10 p.m. and 5 a.m. throughout the year, and (2) Open fires at any time beginning May 1 and ending November 1 of every year. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 2-2004, f. & cert. ef. 6-11-04
141-088-0036 Restrictions for State-Owned Property at the Sandy River Delta in Multnomah County (1 ) All state-owned land that is under the jurisdiction of the Department, including state-owned lands between the line of ordinary high water and the line of ordinary low water, and any uplands of current or former islands in the Sandy River Delta from River Mile 0.0 to 2.5, or from the mouth of the Sandy River to the I-84 bridge crossing, including the Columbia River Side Channel, is closed to: (a) Any, and all, use of motorized vehicles, including all-terrain vehicles. (b) Any, and all, discharge of firearms. (2)(a) Excepted from the restriction in (1)(a) are any motorized vehicle use (A) By government personnel or their agents on official business, including emergency responders or search and rescue; (B) Authorized by the Department in advance and in writing; and (C) By adjacent landowners inspecting or maintaining property. (b) Excepted from the restriction in (1)(b) are waterfowl hunters on foot during authorized waterfowl hunting season and in possession of a legal hunting license. (3) Any person who commits any criminal conduct on state lands described under (1), or violates any use restriction imposed by this rule, may be prohibited from entering or using state lands that are under management by the Department at the Sandy River Delta. (a ) The Director shall issue a written notice that explains the extent and duration of the prohibition. (b) The person subject to the prohibition may appeal the decision and request a contested case hearing pursuant to ORS 183.413 through 183.470, by submitting a written request within 20 calendar days of the date of service of the notice. Statutory/Other Authority: ORS 273.045 Statutes/Other Implemented: Oregon Constitution Article VIII, Section 5, ORS 273.171 & ORS 274.025 History: DSL 1-2024, adopt filed 03/01/2024, effective 04/01/2024
141-088-0040 Restrictions for the State-Owned Banks of the Columbia River in the Vicinity of Dodson and Warrendale All state-owned land that is under the jurisdiction of the Department in the vicinity of Dodson to Warrendale that is between the line of ordinary high water and the line of ordinary low water on the Columbia River from River Mile 139.5 to 142.5 is closed to: (1) All uses between 10 p.m. and 5 a.m. throughout the year, and (2) Open fires at any time beginning May 1 and ending November 1 of every year. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 2-2004, f. & cert. ef. 6-11-04
141-088-0050 Restrictions for the State-Owned Banks of the Chetco River All state-owned land that is under the jurisdiction of the Department that is between the line of ordinary high water and the line of ordinary low water on the Chetco River from the Highway 101 Bridge to River Mile 11 (about one mile upstream from the mouth of Elk Creek) is closed to: (1) All uses between 10 p.m. and 5 a.m. throughout the year, and (2) Open fires at any time beginning May 1 and ending November 1 of every year, unless a longer period is ordered by the Coos Forest Protective Association. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 2-2004, f. & cert. ef. 6-11-04
141-088-0055 Restrictions on Use of Motorized Vehicles in the State-Owned Bed and Banks of the Chetco River (1) All state-owned land that is under the jurisdiction of the Department that is below the line of ordinary high water on the Chetco River from the Highway 101 Bridge to River Mile 11 (about one mile upstream from the mouth of Elk Creek) is closed to any and all use by motor vehicles within the wetted channel of the main stem of the river. Excepted from the closure are Government-owned vehicles on official business, motor or non-motorized boats, vehicles used the in the launching or the retrieving of boats, vehicles operating under an authorization issued by the Department, public and private utility vehicles performing company business, vehicles involved in rescue or emergency activities, and vehicles engaged in repair of fences and placement of bank protection material. (2) For the purposes of this rule, “wetted channel of the main stem” means state-owned submerged and/or submersible land of the primary segment of the river that is inundated by the waterway at the time of use. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 2-2013, f. 8-12-13, cert. ef. 9-1-13
141-088-0060 Restrictions for the State-Owned Banks of the Willamette River in the Vicinity of Wheatland Bar Island and Willamette Mission State Park and Adjacent Upland All state-owned land that is under the jurisdiction of the Department that is between the line of ordinary high water and the line of ordinary low water on the Willamette River, and all state-owned upland that is managed by the Department that is also in the vicinity of, or that comprises Wheatland Island or Willamette Mission State Park is closed to: (1) All uses between 10 PM and 5 AM throughout the year, (2) Open fires at any time beginning May 1 and ending November 1 of every year, and (3) All-terrain vehicles or other motorized vehicle uses except for those involved in the loading or unloading of recreational watercraft and parking during allowable use periods (i.e, 5 A.M to 10 P.M.). Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 2-2004, f. & cert. ef. 6-11-04
141-088-0070 Restrictions for the State-Owned Bed and Banks of the Willamette River in the Vicinity of the Former McCormick-Baxter Plant All state-owned land that is under the jurisdiction of the Department that is on the north side of the Willamette River at about River Mile 7 and fronting and abutting the site of the former McCormick-Baxter Plant, the Burlington Northern Bridge, and Willamette Cove as described in easement EA-31530 is temporarily closed to all public uses during the construction period while a sand cap is being placed over contaminated sediments. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 2-2004, f. & cert. ef. 6-11-04
141-088-0080 Restrictions for the State-Owned Banks of the Columbia River in the Vicinity of the Gary Island All state-owned land that is under the jurisdiction of the Department that is between the line of ordinary high water and the line of ordinary low water on the south bank of the Columbia River in the vicinity of Gary Island between River Mile 123.5 and 124.5 is closed to any use without prior written authorization from the Department. Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 2-2004, f. & cert. ef. 6-11-04
141-088-0090 Closure of Sand Lake Estuary (1) All submerged and submersible land under the jurisdiction of the Department below Head of Tide within the Sand Lake estuary is closed to any and all use by motor vehicles. Excepted from the estuary closure are Government-owned vehicles on official business, motor or non-motorized boats, vehicles used in the launching of boats at designated launching sites, public and private utility vehicles performing company business, vehicles involved in rescue or emergency activities, and vehicles engaged in repair of fences and placement of bank protection material. (2) Head of Tide means the inland-most extent of tidal influence as measured by an increase in water surface level at Mean High Tide (Mean Lower Low Water Datum). (3) The elevation of Mean High Tide corresponds to a tide stage of 7.5 feet (Mean Lower Low Water Datum). The Head of Tide in the Sand Lake estuary extends to the upper limit of the lake. (Sections 19, 20, 29, 30, 31 and 32 of Township 3 South, Range 10 West, Willamette Meridian.) Statutory/Other Authority: ORS 183, 273 & 274 Statutes/Other Implemented: ORS 273 & 274 History: DSL 2-2004, f. & cert. ef. 6-11-04