justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.655. permittee as provided by rule adopted under subsection (4) of this section. (3) No archaeological object associated with an archaeological site, as those terms are defined in ORS 358.905, shall be removed from the ocean shore except as provided in ORS 358.920 and 390.235. (4) Rules or permits shall be made or granted by the State Parks and Recreation Department only after consultation with the State Fish and Wildlife Commission, the State Department of Geology and Mineral Industries and the Department of State Lands. Rules and permits shall contain provisions necessary to protect the areas from any use, activity or practice inimicable to the conservation of natural resources or public recreation. (5) The terms, royalty and duration of a permit under this section are at the discretion of the State Parks and Recreation Department. A permit is revocable at any time in the discretion of the department without liability to the permittee. (6) Whenever the issuance of a permit under this section will affect lands owned privately, the State Parks and Recreation Department shall withhold the issuance of such permit until such time as the permittee shall have obtained an easement, license or other written authorization from the private owner, which easement, license or other written authority must meet the approval of the department, except as to the compensation to be paid to the private owner.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.659. Hearing before director regarding department action on improvement permit; appeal of directors order; suspension of permit during appeal. (1) Any applicant whose application for a permit under ORS 390.650 has been denied or who objects to any condition imposed on the permit or any person aggrieved or adversely affected by the granting of a permit may, within 30 days after the denial of the permit or the imposition of the condition, request a hearing from the State Parks and Recreation Director. (2) Upon receipt of a request for hearing from the applicant or if the director finds that the person other than the applicant making the request has a legally protected interest that is adversely affected by the grant of the permit, the director shall set the matter down for hearing within 30 days after receipt of the request. The hearing shall be conducted as a contested case in accordance with ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470. The applicant shall be a party to any contested case hearing requested by a person other than the applicant. (3) Within 45 days after the hearing the director shall enter an order containing findings of fact and conclusions of law. The order shall rescind, affirm or modify the directors original order. Appeals from the directors final order may be taken to the Court of Appeals in the manner provided by ORS 183.482. (4) A permit granted by the director may be suspended by the director during the pendency of the proceedings before the director and any appeal. The director shall not suspend the permit unless the person aggrieved or adversely affected by grant of permit makes a showing before the director by clear and convincing evidence that commencement or continuation of the improvement would cause irremediable damage and would be inconsistent with ORS 390.610, 390.620 to
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.660. Regulation of use of lands adjoining ocean shores; rules. The State Parks and Recreation Department is hereby directed to protect, to maintain and to promulgate rules governing use of the public of property that is subject to ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.661. Improvement without permit or contrary to permit conditions as public nuisance. The improvement on any property within the ocean shore without a permit issued under ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.663. Investigation of violation within ocean shore; cease and desist order; enforcement of order by state and local police. (1) If the State Parks and Recreation Director determines that any improvement is being made on property within the ocean shore without a permit issued under ORS 390.650, or in a manner contrary to the conditions set out in the permit, the director may: (a) Investigate, hold hearings, make orders and take action, as provided in ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.665. [Formerly 274.100 and then 390.740; repealed by 1971 c.743 432]
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.666. Revocation, suspension or nonrenewal of improvement permit. If the State Parks and Recreation Director finds that a person or governmental body holding a permit issued under ORS 390.650 is making an improvement on property within the ocean shore contrary to the conditions set out in the permit, the director may revoke, suspend or refuse to renew such permit. The director may revoke a permit only after giving notice and opportunity for a hearing as provided in ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.668. [Formerly 274.090 and then 390.730; renumbered 390.678 in 1999]
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.669. Action by state or any person to abate public nuisance; temporary restraining order or preliminary injunction; compensation to public. (1) In addition to any enforcement action taken under ORS 390.663, civil proceedings to abate alleged public nuisances under ORS 390.661 may be instituted in the name of the State of Oregon upon relation of the State Parks and Recreation Director or by any person in the persons name. (2) Before beginning any action under subsection (1) of this section, a person other than the director shall provide to the director 60 days notice of the intended action. A person other than the director may not begin an action under subsection (1) of this section if the director has commenced and is diligently prosecuting civil, criminal or administrative proceedings in the same matter. (3) The director may institute an action in the name of the State of Oregon for a temporary restraining order or preliminary injunction if a threatened or existing public nuisance under ORS 390.661 creates an emergency that requires immediate action to protect the public health, safety or welfare. The director shall not be required to furnish a bond in such proceeding. (4) The State Parks and Recreation Commission, the State Parks and Recreation Director and the employees or duly authorized representatives of the State Parks and Recreation Department shall not be liable for any damages a defendant may sustain as a result of an injunction, restraining order or abatement order issued under this section. (5) A case filed under this section shall be given preference on the docket over all other civil cases except those given an equal preference by statute. (6) In any action brought under this section, the plaintiff may seek and the court may award a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from an existing public nuisance under ORS 390.661. Any money received by the plaintiff under this subsection shall be deposited in an account of the State Parks and Recreation Department for use by the department in administering the ocean shore program.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.672. Damages for destruction or infringement of public right of navigation, fishery or recreation; treble damages. (1) If any person or governmental body, through negligence, violates ORS 390.640, the State Parks and Recreation Director, in a proceeding brought pursuant to ORS 390.669, may seek and the court may award double a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation. (2) If any person or governmental body intentionally violates ORS 390.640, the director, in a proceeding brought pursuant to ORS 390.669, may seek and the court may award treble a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation. (3) An award made pursuant to this section shall be in addition to and not in lieu of any criminal penalties imposed for a violation of ORS 390.640. (4) In any action brought under ORS 390.669, the court shall award to the prevailing party the costs of suit and reasonable attorney fees at trial and on appeal. Subject to the provisions of ORS 20.140, any costs and attorney fees so awarded to the director shall be deposited in an account of the State Parks and Recreation Department to offset the directors expenses of bringing such action.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.674. Imposition of civil penalties. (1) Civil penalties under ORS 390.992 shall be imposed as provided in ORS 183.745. (2) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law. An action taken by the State Parks and Recreation Director under this section may be joined by the director with any other action taken against the same person under ORS 390.995 (1). (3) Any civil penalty recovered under this section shall be deposited into an account of the State Parks and Recreation Department for use by the department in administration of the ocean shore program.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.676. Schedule of civil penalties; factors to determine amount; rules. (1) The State Parks and Recreation Director shall adopt by rule the amount of civil penalty that may be imposed for a particular violation under ORS 390.992. (2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors: (a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation. (b) Any prior violations of statutes, rules, orders and permits pertaining to waters of this state. (c) The impact of the violation on public interests in navigation, fishery and recreation. (d) Any other factors determined by the director to be relevant and consistent with the policy of ORS 390.610. (3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the policy of ORS 390.610. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.678. Motor vehicle and aircraft use regulated in certain zones; zone markers; proceedings to establish zones. (1) The State Parks and Recreation Department may establish zones on the ocean shore where travel by motor vehicles or landing of any aircraft except for an emergency shall be restricted or prohibited. After the establishment of a zone and the erection of signs or markers thereon, no such use shall be made of such areas except in conformity with the rules of the department. (2) Proceedings to establish a zone: (a) May be initiated by the department on its own motion; or (b) Shall be initiated upon the request of 20 or more landowners or residents or upon request of the governing body of a county or city contiguous to the proposed zone. (3) A zone shall not be established unless the department first holds a public hearing in the vicinity of the proposed zone. The department shall cause notice of the hearing to be given by publication, not less than seven days prior to the hearing, by at least one insertion in a newspaper of general circulation in the vicinity of the zone. (4) Before establishing a zone, the department shall seek the approval of the local government whose lands are adjacent or contiguous to the proposed zone. [Formerly
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.685. Effect of ORS 390.605, 390.615, 390.678 and 390.685. Nothing in ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.690. under ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 shall be subject to a civil penalty in an amount to be determined by the State Parks and Recreation Director of not more than $10,000 per day of violation. (2) In addition to any other penalties provided under subsection (1) of this section, the State Parks and Recreation Department is vested with power to obtain injunctions and other appropriate relief against a person who violates any provisions of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.705. Prohibition against placing certain conduits across recreation area and against removal of natural products. No person shall: (1) Place any pipeline, cable line or other conduit across and under the state recreation areas described by ORS 390.635 or the submerged lands adjacent to the ocean shore, except as provided by ORS 390.715. (2) Remove any natural product from the ocean shore, other than fish or wildlife, agates or souvenirs, except as provided by ORS 390.725.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.715. Permits for pipe, cable or conduit across ocean shore, state recreation areas and submerged lands. (1) The State Parks and Recreation Department may issue permits under ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.720. [Formerly 274.070; renumbered 390.615]
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.725. Permits for removal of products along ocean shore; rules. (1) Removal of natural products such as fish or wildlife, agates or small amounts of driftwood from a state recreation area as defined in ORS 390.605 for personal, noncommercial use is not subject to the provisions of ORS 390.650. (2) The collection of natural products for the purpose of trade, sale or resale shall be subject to the permit provisions and standards of ORS 390.650 and
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.729. Permits for operation of all-terrain vehicles on ocean shore. (1) A person may not operate a Class I all-terrain vehicle on the ocean shore unless the person obtains a permit from the State Parks and Recreation Department as provided in this section. (2) The department may issue a permit for the operation of a Class I all-terrain vehicle on the ocean shore if the operator of the vehicle holds a permit issued under ORS 390.570, if the vehicle has a current operating permit issued under ORS 390.580 and if the vehicle will be used to meet the transportation needs of: (a) Individuals with disabilities; (b) Emergency response or emergency aid workers; or (c) Biologists, wildlife monitors or other natural resources workers. (3) Application for a permit issued under this section shall be in a form determined by the department. The department shall specify the information to be contained in the application, the renewal period and the manner in which the permit must be displayed. (4) The department may not charge for a permit issued under this section.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.740. [Formerly 274.100; renumbered 390.665]
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.750. [Formerly 274.110; 1969 c.601 19; renumbered 390.685] (Vegetation Line)
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.755. Periodic reexamination of vegetation line; department recommendations for adjustment. (1) The State Parks and Recreation Department is directed to periodically reexamine the line of vegetation as established and described by ORS 390.770 for the purpose of obtaining information and material suitable for a re-evaluation and re-definition, if necessary, of such line so that the private and public rights and interest in the ocean shore shall be preserved. (2) The State Parks and Recreation Department may, from time to time, recommend to the Legislative Assembly adjustment of the line described in ORS 390.770.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.760. Exceptions from vegetation line. ORS 390.640 does not apply to any state-owned land or to headlands and other lands located at an elevation of more than 16 feet and seaward of a line running between the following designated and numbered points which are more particularly described by ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.770. and Geodetic Survey Sea-Level Datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947. Point Designation Point Designation and Number and Number From To From To Cl-7-6 Cl-7-7 Cl-7-55 Cl-7-56 Cl-7-10 Cl-7-11 Cl-7-76 Cl-7-77 Cl-7-13 Cl-7-14 Cl-7-115 Cl-7-116 Cl-7-52 Cl-7-53 Cl-7-134 Cl-7-135 Ti-7-3 Ti-7-4 La-7-72 La-7-73 Ti-7-6 Ti-7-7 La-7-87 La-7-88 Ti-7-18 Ti-7-19 Do-8-78 Do-8-79 Ti-7-33 Ti-7-34 Co-7-82 Co-7-83 Ti-7-83 Ti-7-84 Co-7-111 Co-7-112 Ti-7-88 Ti-7-89 Co-7-146 Co-7-147 Ti-7-94 Ti-7-95 Co-7-178 Co-7-179 Ti-7-99 Ti-7-100 Co-7-200 Co-7-201 Ti-7-113 Ti-7-114 Co-7-229 Co-7-230 Ti-7-168 Ti-7-169 Cu-7-25 Cu-7-26 Ti-7-183 Ti-7-184 Cu-7-54 Cu-7-55 Ti-7-249 Ti-7-250 Cu-7-155 Cu-7-156 Li-7-2A Li-7-3 Cu-7-167 Cu-7-167A Li-7-10 Li-7-11 Cu-7-167E Cu-7-168 Li-7-17 Li-7-18 Cu-7-174 Cu-7-175 Li-7-73 Li-7-74 Cu-7-196 Cu-7-197 Li-7-118 Li-7-119 Cu-7-201 Cu-7-202 Li-7-150 Li-7-151 Cu-7-219 Cu-7-220 Li-7-154 Li-7-155 Cu-7-225 Cu-7-226 Li-7-161 Li-7-162 Cu-7-236 Cu-7-237 Li-7-165 Li-7-166 Cu-7-258 Cu-7-259 Li-7-167A Li-7-168 Cu-7-268 Cu-7-269 Li-7-170 Li-7-171 Cu-7-288 Cu-7-289 Li-7-176 Li-7-177 Cu-7-310 Cu-7-311 Li-7-182 Li-7-183 Cu-7-314 Cu-7-315 Li-7-215 Li-7-216 Cu-7-363 Cu-7-364 Li-7-269 Li-7-270 Cu-7-382 Cu-7-383 Li-7-293 Li-7-294 Cu-7-393 Cu-7-394 Li-7-296 Li-7-297 Cu-7-400 Cu-7-401 Li-7-314 Li-7-315 Cu-7-440 Cu-7-441 Li-7-325 Li-7-326 Cu-7-451 Cu-7-452 Li-7-357 Li-7-358 Cu-7-459 Cu-7-460 Li-7-377 Li-7-378 Cu-7-493 Cu-7-494 Li-7-439 La-7-1 Cu-7-513 Cu-7-514 La-7-9 La-7-10 Cu-7-516 Cu-7-517 La-7-19 La-7-20 Cu-7-538 Cu-7-539 La-7-44 La-7-45 Cu-7-557 Cu-7-558
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.795. [1977 c.263 5; 1983 c.335 2; repealed by 1983 c.338 978] SCENIC WATERWAYS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.805. Definitions for ORS 390.805 to 390.925. As used in ORS 390.805 to 390.925, unless the context requires otherwise: (1) Related adjacent land means all land within one-fourth of one mile of the bank on the side of Waldo Lake, or a river or segment of river within a scenic waterway, except land that, in the State Parks and Recreation Departments judgment, does not affect the view from the waters within a scenic waterway. (2) Scenic easement means the right to control the use of related adjacent land, including airspace above such land, for the purpose of protecting the scenic view from waters within a scenic waterway; but such control does not affect, without the owners consent, any regular use exercised prior to the acquisition of the easement, and the landowner retains the right to uses of the land not specifically restricted by the easement. (3) Scenic waterway means Waldo Lake, or a river or segment of river that has been designated as such in accordance with ORS 390.805 to 390.925 or any subsequent Act, and includes related adjacent land.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.815. Policy; establishment of system. The people of Oregon find that many of the free-flowing rivers of Oregon and Waldo Lake and lands adjacent to such lake and rivers possess outstanding scenic, fish, wildlife, geological, botanical, historic, archaeologic, and outdoor recreation values of present and future benefit to the public. The people of Oregon also find that the policy of permitting construction of dams and other impoundment facilities at appropriate sections of the rivers of Oregon and Waldo Lake needs to be complemented by a policy that would preserve Waldo Lake and selected rivers or sections thereof in a free-flowing condition and would protect and preserve the natural setting and water quality of the lake and such rivers and fulfill other conservation purposes. It is therefore the policy of Oregon to preserve for the benefit of the public Waldo Lake and selected parts of the states free-flowing rivers. For these purposes there is established an Oregon Scenic Waterways System to be composed of areas designated in accordance with ORS 390.805 to 390.925 and any subsequent Acts.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.827. enacted into law but was not added to or made a part of ORS chapter 390 or any series therein by law. See Preface to Oregon Revised Statutes for further explanation.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.848. Passes for use of parts of Deschutes River; rules; fee; exemption from fee; disposition of moneys. (1) The State Parks and Recreation Department shall establish, by rule, a system for issuing passes necessary to comply with the requirements under ORS 390.851. The department shall establish a reasonable fee for issuance of a pass under this section. The department may establish any form of proof of payment of the user fees that it deems appropriate. (2) The system for issuance of passes established by the department under this section may include issuance of the passes by governmental entities or private persons who have entered into appropriate agreements with the department for issuance of the passes. Agreements under this subsection may include, but are not limited to, terms providing for locations for the collection of fees, methods the department determines appropriate to assure payment of moneys collected and provisions for the distribution of river-user information. (3) The department shall issue, without charge, annual passes to comply with the requirements under ORS 390.851 to persons who own ranch, farm or residential property immediately abutting those portions of the Deschutes River designated as scenic waterways under ORS 390.826 and to members of the immediate family of such persons. This subsection does not authorize the issuance without charge of passes to persons holding less than a majority interest in a firm, corporation or cooperative organization which owns land immediately abutting the Deschutes River designated as scenic waterways under ORS 390.826. (4) Moneys collected under this section shall be deposited in the separate fund established for the State Parks and Recreation Department under ORS 366.512 and, subject to the limitations under subsection (5) of this section, are continually appropriated to that department to be used: (a) For operation of the pass system established under this section; (b) For providing river-user oriented law enforcement services; (c) For providing river recreation information and education; (d) For developing and maintaining river oriented recreation facilities; and (e) For any other purposes the department considers appropriate for the maintenance, enhancement or protection of the natural and scenic beauty of the scenic waterway consistent with ORS 390.805 to 390.925. (5) The use of moneys for purposes described under subsection (4) of this section is limited to the performance of those purposes for areas of the Deschutes River designated as scenic waterways under ORS 390.826.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.851. Activities prohibited on parts of Deschutes River without pass; exceptions. (1) Unless the person has an appropriate pass issued under ORS 390.848, no person shall launch, operate or ride in any boat or engage in any camping, fishing or other activity in connection with being transported by a boat on those portions of the Deschutes River designated as scenic waterways under ORS 390.826. (2) This section does not apply to: (a) Peace officers, members or employees of a governmental body or their agents while engaged in the discharge of official duties; or (b) Any member of the Confederated Tribes of the Warm Springs Indian Reservation. (3) A person who violates this section commits a Class C violation.