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

ORS 390.332. Acquisition of scenic easements near Willamette River; nature of easement; restriction on use of condemnation. (1) Except as otherwise provided in subsection (4) of this section, the State Parks and Recreation Department may acquire scenic easements on any lands situated within 150 feet from the ordinary low water line on each side of each channel of the Willamette River and on any lands situated within 150 feet from the ordinary low water line of each island within the Willamette River. The department may acquire such easements by any method, including but not limited to the exercise of the power of eminent domain. (2) Each scenic easement acquired under subsection (1) of this section shall: (a) Be designed to preserve the vegetation along the Willamette River and the natural and scenic qualities of the lands subject to such easements and authorize the department, at its own expense, to engage in natural vegetative landscaping on such lands to enhance the natural and scenic qualities of such lands. (b) Require the owner of the lands subject to such easement to carry on the use of such lands in a manner to preserve the existing vegetation and natural and scenic qualities of such lands and require the repair by the department, at its own expense, of any damage resulting from natural causes to vegetation on such lands. (c) Not provide for public access or use of the lands subject to such easement, if such easement was acquired by the department through the exercise of the power of eminent domain. (d) Provide that any subsequent farm use, as defined in ORS 215.203 (2), of the land subject to such easement is compatible with the purposes of the Willamette River Greenway and that any restrictions on the use of the land under such easement are suspended while such land is devoted to such farm use. (e) Prevent the change in use of the lands subject to such easements except with the consent of the department and in accordance with the conditions imposed with such consent. The consent of the department and the conditions imposed therewith shall be in accordance with the intent and purposes of the Willamette River Greenway. (3) Each scenic easement acquired under this section on lands that, on the date of the acquisition of such easement, were a part of a larger tract of land not subject to a scenic easement under ORS 390.310 to 390.368, shall provide for the right of the department to acquire fee title to the lands subject to such easement upon a change in the use of the lands in the remainder of such tract that is inconsistent with such scenic easement under ORS 390.310 to 390.368. (4) The department may not acquire, through the exercise of the power of eminent domain, scenic easements under subsection (1) of this section on any lands that on October 5, 1973, were devoted to farm use, as defined in ORS 215.203 (2) or were a portion of a larger tract of land under single ownership that is devoted to such use. Upon a change in the use of any such lands from farm use, the department may acquire scenic easements in such lands as provided in ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.340. Department rules. The State Parks and Recreation Department shall make and promulgate rules and regulations that it considers necessary in carrying out ORS 390.310 to 390.368.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.350. Intergovernmental agreements; use of gifts and grants. Units of local government may enter into agreements with the State Parks and Recreation Department and with each other in carrying out the purposes of the Willamette River Greenway, and may accept and use gifts and grants from the department or others.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.360. Title to, and use and disposition of, lands acquired by local governmental units. All lands or interests in lands acquired and all historical sites, structures, facilities and objects preserved and restored by the units of local government pursuant to ORS 390.330 with grants of money from the State Parks and Recreation Department, may be used only for the purposes of the Willamette River Greenway as set forth in ORS 390.314, unless a different use is authorized by the department. Title to the lands or interest therein so acquired shall be held by the unit of local government acquiring the same. Such lands or interest therein and such historical sites, structures, facilities and objects preserved and restored shall never be disposed of or sold except upon the approval and consent of the department.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.364. Taxation of lands subject to scenic easements. For ad valorem tax purposes, land that is subject to a scenic easement acquired under ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.368. Authority to contract landscaping and repair of damage to lands subject to scenic easement. In carrying out the purposes of ORS 390.310 to 390.368 the State Parks and Recreation Department may enter into contracts with any agency of the United States, this state or a political subdivision thereof, or with any private person, agency or corporation to perform natural vegetative landscaping or to perform work to restore damage resulting from natural causes to vegetation on any land subject to a scenic easement within the boundaries of the Willamette River Greenway in accordance with the terms of the scenic easement acquired on such land. [1973 c.558 9] ELECTRIC VEHICLES
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.400. Public electric vehicle charging stations. (1) The State Parks and Recreation Department shall allow for the installation and service of public electric vehicle charging stations in parking spaces that are part of the facilities of the system of state parks, including parks, park facilities, ocean shores, scenic waterways, trails and historic sites throughout the State of Oregon. (2) The department shall implement subsection (1) of this section in a manner that: (a) Is consistent with the goals set forth in ORS 283.398; and (b) Takes into consideration: (A) The recommendations in the report required by ORS 283.401; (B) The availability of infrastructure to deliver electricity to electric vehicle charging stations in the parking spaces described in subsection (1) of this section; and (C) Opportunities to contract with third-party entities. [2021 c.23 1] Note:
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.405. Parks and Recreation Transportation Electrification Fund. (1) The Parks and Recreation Transportation Electrification Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Parks and Recreation Transportation Electrification Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Parks and Recreation Department to carry out ORS 390.400. (2) The department may seek out and receive gifts, grants, contributions, bequests or other donations of any kind from any public or private source for use in carrying out the purposes of ORS 390.400. Moneys received under this subsection shall be deposited in the Parks and Recreation Transportation Electrification Fund. [2021 c.23 2] Note: See note under
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.410. [Formerly 358.610; repealed by 1987 c.14 12]
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.440. [Formerly 358.625; repealed by 1977 c.482 6]
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.450. [Formerly 358.630; repealed by 1987 c.14 12]
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.515. [1987 c.14 5; renumbered in 196.165 in 1989] ALL-TERRAIN VEHICLES
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.550. Definitions. As used in this chapter: (1) Class I all-terrain vehicle has the meaning given that term in ORS 801.190. (2) Class II all-terrain vehicle has the meaning given that term in ORS 801.193. (3) Class III all-terrain vehicle has the meaning given that term in ORS 801.194. (4) Class IV all-terrain vehicle has the meaning given that term in ORS 801.194 (2).
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.555. transferred to the Department of Transportation for the development and maintenance of snowmobile facilities as provided in ORS 802.110; (2) Planning, promoting and implementing a statewide all-terrain vehicle program, including the acquisition, development and maintenance of all-terrain vehicle recreation areas; (3) Education and safety training for all-terrain vehicle operators; (4) Provision of first aid and police services related to all-terrain vehicle recreation; (5) Paying the costs of instigating, developing or promoting new programs for all-terrain vehicle users and of advising people of possible usage areas for all-terrain vehicles; (6) Paying the costs of coordinating between all-terrain vehicle user groups and the managers of public lands; (7) Paying the costs of providing consultation and guidance to all-terrain vehicle user programs; (8) Paying the costs of administration of the all-terrain vehicle programs, including staff support provided under ORS 390.565 as requested by the All-Terrain Vehicle Advisory Committee; (9) Paying the costs of law enforcement activities related to the operation of all-terrain vehicles. The State Parks and Recreation Department shall determine the amount required for law enforcement activities and the intervals at which the moneys shall be distributed. The funds available shall be apportioned according to the terms of an intergovernmental agreement entered into between the State Parks and Recreation Department and a city, the Department of State Police or the sheriff of a county; and (10) Control and eradication of invasive species related to all-terrain vehicle recreation.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.560. Uses of All-Terrain Vehicle Account. Moneys in the All-Terrain Vehicle Account established under ORS 390.555 shall be used for the following purposes only: (1) In each 12-month period, no less than 10 percent of the moneys described in ORS
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.570. Class I all-terrain vehicle operator permits; issuance; safety education courses; rules; fee. (1) The State Parks and Recreation Department shall issue or provide for issuance of a Class I all-terrain vehicle operator permit to any person who: (a) Has taken a Class I all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class I all-terrain vehicle; or (b) Is at least 16 years of age, has five or more years of experience operating a Class I all-terrain vehicle and passes an equivalency examination. (2) The department shall adopt rules to provide for Class I all-terrain vehicle safety education courses, equivalency examinations and the issuance of Class I all-terrain vehicle operator permits consistent with this section. The rules adopted by the department shall be consistent with the following: (a) The courses must be given by instructors designated by the department as qualified to conduct the courses and issue the permits. (b) The instructors may be provided and permits issued through public or private local and state organizations meeting qualifications established by the department. (c) The department may collect a fee of not more than $5 from each participant in a course established under this section.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.575. Class III all-terrain vehicle operator permits; issuance; safety education courses; rules; fee. (1) The State Parks and Recreation Department shall issue or provide for issuance of a Class III all-terrain vehicle operator permit to any person who: (a) Has taken a Class III all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class III all-terrain vehicle; or (b) Is at least 16 years of age, has five or more years of experience operating a Class III all-terrain vehicle and passes an equivalency examination. (2) The department shall adopt rules to provide for Class III all-terrain vehicle safety education courses, equivalency examinations and the issuance of Class III all-terrain vehicle operator permits consistent with this section. The rules adopted by the department shall be consistent with the following: (a) The courses must be given by instructors designated by the department as qualified to conduct the courses and issue the permits. (b) The instructors may be provided and permits issued through public or private local and state organizations meeting qualifications established by the department. (c) The department may collect a fee of not more than $5 from each participant in a course established under this section.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.577. Class IV all-terrain vehicle operator permit; rules; fees. (1) The State Parks and Recreation Department shall issue or provide for issuance of a Class IV all-terrain vehicle operator permit to any person who has taken a Class IV all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class IV all-terrain vehicle. (2) The department shall adopt rules to provide for Class IV all-terrain vehicle safety education courses, equivalency examinations and the issuance of Class IV all-terrain vehicle operator permits consistent with this section. The rules adopted by the department shall be consistent with the following: (a) The courses must be given by instructors designated by the department as qualified to conduct the courses and issue the permits. (b) The instructors may be provided and permits issued through public or private local and state organizations meeting qualifications established by the department. (c) The department may collect a fee of not more than $5 from each participant in a course established under this section.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.580. All-terrain vehicle operating permit; rules; application; fees; renewal. (1)(a) An all-terrain vehicle off-road operating permit issued under this section is a decal that authorizes use of the all-terrain vehicle for which it is issued on trails and in areas designated for such use by the appropriate authority. (b) An all-terrain vehicle decal issued under this section must be permanently affixed to the vehicle and displayed in a clearly visible manner. The State Parks and Recreation Department shall prescribe by rule the manner in which the decal shall be displayed. (2) The department shall issue an all-terrain vehicle off-road operating permit to any person who completes the application described in subsection (4) of this section and pays the fee specified in subsection (5) of this section. (3) The department shall specify by rule the form of the permit and the information to be contained on the permit. (4) Application for an all-terrain vehicle off-road operating permit for a Class I, Class II, Class III or Class IV all-terrain vehicle shall be in a form furnished by the department. The application shall include: (a) The name and address of the owner of the all-terrain vehicle; and (b) The make and body style of the all-terrain vehicle for which application is made. (5) The department shall establish by rule a fee for a permit issued or renewed under this section. The fee shall be designed to cover the costs to the department for issuing or renewing permits under this section but shall not exceed $10. (6) Permits issued under this section are valid for two years. A permit may be renewed upon submission of an application that contains the information specified in subsection (4) of this section and payment of the renewal fee specified in subsection (5) of this section. (7) The department may appoint agents to issue permits for all-terrain vehicles. The department shall prescribe the procedure for the issuance of the permits. Agents appointed under this subsection shall issue permits in accordance with the prescribed procedure and shall charge and collect the fees prescribed in this section for the permits.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.585. Rules. (1) The State Parks and Recreation Department may adopt rules necessary for carrying out the duties imposed by ORS 390.550 to 390.590. (2) The department shall adopt rules establishing rider fit guidelines to ensure that an all-terrain vehicle properly fits the operator of the vehicle.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.590. Out-of-state all-terrain vehicle permit; qualifications; duration; application; fee. (1) An out-of-state all-terrain vehicle operating permit is a vehicle permit that is issued as evidence of a grant of authority to operate in this state an all-terrain vehicle that is owned by a resident of another state. (2) The State Parks and Recreation Department shall establish a program for the issuance of out-of-state all-terrain vehicle permits under this section. The program established by the department shall comply with all of the following: (a) A permit may only be issued for all-terrain vehicles owned by the resident of another state where registration is not required by law. (b) A permit is valid for not more than two years. (c) Application for a permit shall state the name and address of each owner. (d) The fee for issuance of a permit shall be $10. [1999 c.977 10] OCEAN SHORES; STATE RECREATION AREAS (General Provisions)
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.605. Definitions. As used in ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770, unless the context requires otherwise: (1) Improvement includes filling a portion of the ocean shore, removal of material from the ocean shore or a structure, appurtenance or other addition, modification or alteration constructed, placed or made on or to the land. (2) Ocean shore means the land lying between extreme low tide of the Pacific Ocean and the statutory vegetation line as 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. (3) State recreation area means a land or water area, or combination thereof, under the jurisdiction of the State Parks and Recreation Department used by the public for recreational purposes.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.610. Policy. (1) The Legislative Assembly hereby declares it is the public policy of the State of Oregon to forever preserve and maintain the sovereignty of the state heretofore legally existing over the ocean shore of the state from the Columbia River on the north to the Oregon-California line on the south so that the public may have the free and uninterrupted use thereof. (2) The Legislative Assembly recognizes that over the years the public has made frequent and uninterrupted use of the ocean shore and recognizes, further, that where such use has been legally sufficient to create rights or easements in the public through dedication, prescription, grant or otherwise, that it is in the public interest to protect and preserve such public rights or easements as a permanent part of Oregons recreational resources. (3) Accordingly, the Legislative Assembly hereby declares that all public rights or easements legally acquired in those lands described in subsection (2) of this section are confirmed and declared vested exclusively in the State of Oregon and shall be held and administered as state recreation areas. (4) The Legislative Assembly further declares that it is in the public interest to do whatever is necessary to preserve and protect scenic and recreational use of Oregons ocean shore.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.615. Ownership of Pacific shore; declaration as state recreation area. Ownership of the shore of the Pacific Ocean between ordinary high tide and extreme low tide, and from the Oregon and Washington state line on the north to the Oregon and California state line on the south, excepting such portions as may have been disposed of by the state prior to July 5, 1947, is vested in the State of Oregon, and is declared to be a state recreation area. No portion of such ocean shore shall be alienated by any of the agencies of the state except as provided by law. [Formerly 274.070 and then 390.720]
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.630. Acquisition along ocean shore for state recreation areas or access. The State Parks and Recreation Department, in accordance with ORS 390.121, may acquire ownership of or interests in the ocean shore or lands abutting, adjacent or contiguous to the ocean shore as may be appropriate for state recreation areas or access to such areas where such lands are held in private ownership. However, when acquiring ownership of or interests in lands abutting, adjacent or contiguous to the ocean shore for such recreation areas or access where such lands are held in private ownership, the department shall consider the following: (1) The availability of other public lands in the vicinity for such recreational use or access. (2) The land uses, improvements, and density of development in the vicinity. (3) Existing public recreation areas and accesses in the vicinity. (4) Any local zoning or use restrictions affecting the area in question.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.632. Public access to coastal shorelands. (1) In order to further the policy established in ORS 390.610 and to preserve the right of public access to the ocean shore, the State Parks and Recreation Department shall coordinate with affected local governments to provide increased public access to the coastal shorelands. (2) The State Parks and Recreation Department may: (a) Ensure that beach access sites are posted for public use; (b) Maintain parking and trash disposal facilities at beach access sites; and (c) Maintain beach access sites in a safe and litter-free manner. [1999 c.872 2] (Regulating Use of Ocean Shore)
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.635. Jurisdiction of department over recreation areas. Except as provided by ORS 273.551, 274.710 and 390.620, the State Parks and Recreation Department has jurisdiction over the land and interests in land acquired under ORS 390.610, 390.615, 390.620 or 390.630 in order to carry out the purposes of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770.
ORS Chapter 390 — Scenic Waterways; Recreation

ORS 390.650. under the ocean shore, state recreation areas and the submerged lands adjacent to the ocean shore, upon payment of just compensation by the permittee. A permit issued under this subsection is not a sale or lease of tide and overflow lands within the scope of ORS 274.040. (2) Whenever the issuance of a permit under subsection (1) of this section will affect lands owned privately, the State Parks and Recreation Department shall withhold the issuance of the permit until the permittee obtains from the private owner an easement, license or other written authorization that meets the approval of the State Parks and Recreation Department, except as to the compensation to be paid to the private owner. (3) All permits issued under this section are subject to conditions that will ensure safety of the public and the preservation of economic, scenic and recreational values and to rules promulgated by state agencies having jurisdiction over the activities of the grantee or permittee.