reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1999 c.373 §14]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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 person’s 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. [1999 c.373 §15]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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 director’s expenses of bringing such action. [1999 c.373 §16]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1999 c.373 §10]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1999 c.373 §11]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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 390.668]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.685 - Effect of ORS 390.605, 390.615, 390.678 and 390.685.

Nothing in ORS 390.605, 390.615, 390.678 and 390.685 is intended to repeal ORS 836.510 to 836.525. [Formerly 274.110 and then 390.750]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.690 - Title and rights of state unimpaired.

Nothing in ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 shall be construed to relinquish, impair or limit the sovereign title or rights of the State of Oregon in the shores of the Pacific Ocean as the same may exist before or after July 6, 1967. [1967 c.601 §10]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1969 c.601 §20]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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 390.650 to 390.659 for pipelines, cable lines and other conduits across and 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. [1969 c.601 §22; 2005 c.300 §1; 2007 c.71 §101]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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 390.655. Permits shall provide for the payment of just compensation by the 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. [1969 c.601 §23; 1999 c.373 §7]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [2005 c.300 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1969 c.601 §27; 1979 c.186 §24]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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 390.770. The elevation mentioned in this section refers to the United States Coast 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 [1969 c.601 §9]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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 Department’s 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 owner’s 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. [1971 c.1 §2; 1981 c.787 §55; 1983 c.334 §1; 1983 c.642 §10; 1989 c.904 §25; 1995 c.79 §203; 2001 c.104 §132]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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 state’s 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. [1971 c.1 §1; 1983 c.334 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.827 - Effect of ORS 390.826 on rights of Indian tribes.

Nothing in ORS 390.826 shall:
(1) Affect or modify any treaty or other rights of any Indian tribe; or
(2) Affect lands held in trust by the Secretary of the Interior for Indian tribes or individual members of Indian tribes or other lands acquired by the Army Corps of Engineers and administered by the Secretary of the Interior for the benefit of Indian tribes and individual members of Indian tribes. [1989 c.2 §3]
Note:
390.827 was 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.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1981 c.798 §2; 1985 c.606 §4; 1987 c.291 §2; 1987 c.624 §15]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1981 c.798 §3; 1987 c.291 §3; 1999 c.1051 §99]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.855 - Designation of additional scenic waterways.

The State Parks and Recreation Department shall undertake a continuing study and submit periodic reports to the Governor, with the concurrence of the Water Resources Commission, recommending the designation of additional rivers or segments of rivers and related adjacent land by the Governor as scenic waterways subject to the provisions of ORS 390.805 to 390.925. Consistent with such recommendation, the Governor may designate any river or segment of a river and related adjacent land as a scenic waterway subject to the provisions of ORS 390.805 to 390.925. The department shall consult with the State Fish and Wildlife Commission, the State Department of Agriculture, the Environmental Quality Commission, the Department of State Lands, and such other persons or agencies as it considers appropriate. The State Parks and Recreation Department shall conduct hearings in the counties in which the proposed additional rivers or segments of rivers are located. The following criteria shall be considered in making such report:
(1) The river or segment of river is relatively free-flowing and the scene as viewed from the river and related adjacent land is pleasing, whether primitive or rural-pastoral, or these conditions are restorable.
(2) The river or segment of river and its setting possess natural and recreation values of outstanding quality.
(3) The river or segment of river and its setting are large enough to sustain substantial recreation use and to accommodate existing uses without undue impairment of the natural values of the resource or quality of the recreation experience. [1971 c.1 §6]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.865 - Authority of legislature over designation of additional scenic waterways.

The designation of a river or segment of a river and related adjacent land, pursuant to ORS 390.855, shall not become effective until the day following the adjournment sine die of the regular session of the Legislative Assembly next following the date of the designation or that was in session when the designation was made. The Legislative Assembly by joint resolution may disapprove any such designation or a part thereof, and in that event the designation, or part thereof so disapproved, shall not become effective. [1971 c.1 §7]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.875 - Transfer of public lands in scenic waterways to department; administration of nontransferred lands.

Any public land within or adjacent to a scenic waterway, with the consent of the governing body having jurisdiction thereof, may be transferred to the jurisdiction of the State Parks and Recreation Department with or without compensation. Any land so transferred shall become state recreational land and shall be administered as a part of the scenic waterway. Any such land within a scenic waterway which is not transferred to the jurisdiction of the department, to the fullest extent consistent with the purposes for which the land is held, shall be administered by the body having jurisdiction thereof in accordance with the provisions of ORS 390.805 to 390.925. [1971 c.1 §8]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.885 - Exchange of property within scenic waterway for property outside waterway.

In acquiring related adjacent land by exchange, the State Parks and Recreation Department may accept title to any property within a scenic waterway and, in exchange therefor, may convey to the grantor of the property any property under the department’s jurisdiction that the department is not otherwise restricted from exchanging. Insofar as practicable, the properties so exchanged shall be of approximately equal fair market value. If they are not of approximately equal fair market value, the department may accept cash or property from, or pay cash or grant property to, the grantor in order to equalize the values of the properties exchanged. [1971 c.1 §9; 2015 c.27 §39]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.895 - Use of federal funds.

In addition to State of Oregon funds available for the purposes of ORS 390.805 to 390.925, the State Parks and Recreation Department shall use such portion of moneys made available to it by the Bureau of Outdoor Recreation and other federal agencies, including matching funds, as the department determines are necessary and available to carry out the purposes of ORS 390.805 to 390.925. [1971 c.1 §10]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.905 - Effect of ORS 390.805 to 390.925 on other state agencies.

Nothing in ORS 390.805 to 390.925 affects the jurisdiction or responsibility of other state agencies with respect to boating, fishing, hunting, water pollution, health or fire control; except that such state agencies shall endeavor to perform their responsibilities in a manner consistent with the purposes of ORS 390.805 to 390.925. [1971 c.1 §11]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.910 - Intergovernmental cooperation; county representative on management advisory committee.

In carrying out the provisions of ORS 390.805 to 390.925, the State Parks and Recreation Department may enter into intergovernmental agreements to form committees to advise the various governmental agencies involved regarding management of the scenic waterways. Each such agreement must provide for membership on the committee of a representative of one of the governing bodies of the counties through which the scenic waterway flows. The county representative shall be chosen by the Governor from among those individuals recommended to the Governor by the county governing bodies. [1981 c.236 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.915 - Determination of value of scenic easement for tax purposes; easement exempt.

For ad valorem tax purposes, real property that is subject to a scenic easement shall be valued at its real market value, less any reduction in value caused by the scenic easement, and assessed in accordance with ORS 308.232. The easement shall be exempt from assessment and taxation the same as any other property owned by the state. [1971 c.1 §12; 1981 c.804 §99; 1991 c.459 §394]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.925 - Enforcement.

In addition to any other penalties provided by law for violation of ORS 390.805 to 390.925 or rules adopted thereunder, the State Parks and Recreation Department is vested with power to obtain injunctions and other appropriate relief against violations of any provisions of ORS 390.805 to 390.925 and any rules adopted under ORS 390.805 to 390.925 and agreements made under ORS 390.805 to 390.925. [1971 c.1 §13; 1981 c.798 §6]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.930 - Definitions for ORS 390.930 to 390.940.

As used in ORS 390.930 to 390.940:
(1) "Managing agencies" includes:
(a) State Parks and Recreation Department;
(b) State Department of Fish and Wildlife;
(c) Confederated Tribes of the Warm Springs Indian Reservation;
(d) State Marine Board;
(e) Sherman, Wasco and Jefferson Counties;
(f) Oregon State Police;
(g) United States Bureau of Land Management;
(h) United States Bureau of Indian Affairs; and
(i) The City of Maupin.
(2) "Recreation area" means the Deschutes River Scenic Waterway Recreation Area created under ORS 390.932. [1987 c.624 §§1,18; 1989 c.904 §26; 2001 c.104 §133]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.932 - Creation of Deschutes River Scenic Waterway Recreation Area.

There is created the Deschutes River Scenic Waterway Recreation Area consisting of the segment of the Deschutes River scenic waterway under ORS 390.826 that is designated as the segment from immediately below the existing Pelton reregulating dam downstream approximately 100 miles to its confluence with the Columbia River, excluding the City of Maupin as its boundaries are constituted on October 4, 1977. [1987 c.624 §17]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.934 - Management of Deschutes River Scenic Waterway Recreation Area; plan; rules; budget.

(1) The State Parks and Recreation Department shall have primary management responsibility for the State of Oregon to manage the Deschutes River Scenic Waterway Recreation Area. In managing the recreation area, the department shall cooperate with other managing agencies having jurisdiction to manage all or part of the recreational area.
(2) The department shall adopt a management plan by rule. The department shall implement the plan and shall prepare a budget for implementation taking into consideration the provisions of the management plan. [1987 c.624 §§3,19]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.936 - Rules.

In accordance with applicable provisions of ORS chapter 183, the State Parks and Recreation Department shall adopt rules necessary to carry out those provisions of ORS 390.930 to 390.940 that the department is charged with administering. [1987 c.624 §§12,22]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.938 - Guidelines for management and development.

The Deschutes River Scenic Waterway Recreation Area shall be managed and developed in accordance with the following guidelines:
(1) To the extent allowed under ORS 390.805 to 390.925, the recreational area shall be administered to allow continuance of compatible existing uses, while allowing a wide range of compatible river-oriented public outdoor recreation opportunities, to the extent that these do not impair substantially the natural beauty of the scenic waterway or diminish its aesthetic, fish and wildlife, scientific and recreational values.
(2) The management plan shall stress a segment by segment design and shall include provisions for the development of appropriate facilities and services in the recreation area to meet resource needs for protection and preservation and user needs. This development may include but need not be limited to:
(a) River and car camp development;
(b) Sanitation stations for human waste and garbage;
(c) Parking and access road improvement;
(d) Signs indicating land ownership;
(e) Tree and riparian zone protection and restoration;
(f) Educational programs; and
(g) Initiation of additional volunteer programs.
(3) Before restricting access through the use of a permit system, all other management options shall be considered.
(4) Special emphasis shall be placed on protecting the recreation area and all adjacent property from recreationist-caused wildfires. This goal shall be equal in priority to the other primary goals set forth in this section. This protection shall include but not be limited to:
(a) Permanent adoption of a fire rule that provides the same protection as the fire rule in force during the 1986 fire season.
(b) Requiring boater passes to include the name of the group leader, date and section of river used.
(c) The establishment of information centers near major points of entry into the recreation area to provide users with information and education regarding the fire rules and general rules of the river.
(d) Conducting cadet patrols at the levels considered necessary to facilitate reasonable compliance with recreation area rules. [1987 c.624 §§4,20]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.940 - Relationship to other laws.

The State Parks and Recreation Department and state and local managing agencies shall manage the Deschutes River Scenic Waterway Recreation Area according to the provisions of ORS 390.805 to 390.925 and 390.930 to 390.940 and rules adopted under ORS 390.805 to 390.925 and 390.930 to 390.940. Federal and tribal managing agencies with jurisdiction over their respective lands and waters shall be encouraged to manage their lands and waters in a manner consistent with the provisions of ORS 390.805 to 390.925 and 390.930 to 390.940. [1987 c.624 §§5,21]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.956 - Policy.

(1) In order to provide for the ever-increasing outdoor recreation needs of an expanding resident and tourist population and in order to promote public access to, travel within and enjoyment and appreciation of, the open-air, outdoor areas of Oregon, trails should be established both near the urban areas of this state and within, adjacent to or connecting highly scenic areas more remotely located.
(2) The purpose of ORS 390.950 to 390.989 and 390.995 (2) is to provide the means for attaining these objectives by instituting a system of recreation trails in this state, by designating certain trails as the initial components of that system, and by prescribing the methods of which, and standards according to which, additional components may be added to the system. [1971 c.614 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.959 - Composition of trails system; establishment of markers.

The system of Oregon recreation trails shall be composed of trails established as provided in ORS 390.962 and 390.965. The State Parks and Recreation Department, in consultation with appropriate federal, state and local governmental agencies and public and private organizations, shall establish a uniform marker for the system of Oregon recreation trails. [1971 c.614 §4]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.962 - Criteria for establishing trails; location; statutes authorizing trails for motorized vehicles unaffected.

(1) Upon finding that such trails will meet the criteria established in ORS 390.950 to 390.989 and 390.995 (2) and such supplementary criteria as the State Parks and Recreation Department may prescribe, the department is encouraged and empowered to establish and designate Oregon recreation trails:
(a) Over lands owned by the State of Oregon, by the federal government or by any county, municipality or other local governmental body, with the consent of the state agency, federal agency, county, municipality or other local governmental body having jurisdiction over the lands involved; or
(b) Over lands owned by private persons, in the manner and subject to the limitations provided in ORS 390.950 to 390.989 and 390.995 (2).
(2) In establishing such trails, the department shall give special recognition to the need for the establishment of recreation trails in or near, or reasonably accessible to, urban areas. Upon the establishment of any such trail, the department shall designate the primary kind of trail it is to be, based upon the mode or modes of travel to be permitted on such trail, including one or more of the following:
(a) Footpath.
(b) Horseback riding trail.
(c) Bicycle path.
(3) Nothing in ORS 390.950 to 390.989 and 390.995 (2) affects any other statute authorizing trails for motorized vehicles which is not inconsistent with ORS 390.950 to 390.989 and 390.995 (2). [1971 c.614 §5]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.965 - Hearing required; information to be considered.

(1) The State Parks and Recreation Department may establish trails after public meetings in the areas of the state where trails are planned and only in accordance with the following criteria:
(a) Emphasis shall be given to the development of trails across public lands.
(b) No trails shall cross private land occupied by a residential dwelling, or upon which a residential dwelling is under construction, within 300 feet of such residential dwelling, without the consent of the owner.
(c) Trails shall be selected to minimize the adverse effects on adjacent landowners or users and their operations.
(d) Development and management of trails shall be designed to harmonize with and complement any established forest, agricultural, or other use plan that is compatible with the purposes of ORS 390.950 to 390.989 and 390.995 (2).
(2) Before establishing a trail the department shall consider at a public meeting the following information:
(a) The proposed route of such trail (including maps and illustrations) and the recommended mode or modes of travel to be permitted thereon;
(b) The areas adjacent to such trails, to be utilized for scenic, historic, natural, cultural or developmental purposes;
(c) The characteristics that, in the judgment of the department, make the proposed trail suitable as an Oregon recreation trail;
(d) The current status of land ownership and current and potential use along the designated route;
(e) The estimated cost of acquisition of lands or interest in lands, if any;
(f) The plans for developing and maintaining the trail and the cost thereof;
(g) Any anticipated problems of policing the use of such trail and any anticipated hazards to the use of any privately owned lands adjacent to such trail; and
(h) The extent to which the state or its political subdivisions and public and private organizations might reasonably be expected to participate in acquiring the necessary lands and in the administration thereof. [1971 c.614 §6]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.968 - Selection of rights of way for trails.

(1) The State Parks and Recreation Department shall select the rights of way for trails designated as Oregon Recreation Trails by ORS 390.962 (1)(a) and (b). Such rights of way shall be:
(a) Of sufficient width and so located as to protect natural conditions, scenic and historic features, and any primitive character of the trail area; to provide campsites, shelters, and related public-use facilities along trails in more remote areas; and to provide reasonable public access.
(b) Located to avoid, in so far as reasonably practicable, established highways, motor roads, mining areas, power transmission lines, existing commercial and industrial developments, range fences and improvements, private logging operations, and any other activities that would be incompatible with the protection of the trailside environment in its natural condition and the use of the trail for outdoor recreation.
(2) Notwithstanding subsection (1) of this section, it is recognized that in many instances (especially in urban areas and for some types of trails across or near private land) it may be advisable to locate segments of trails in or near existing rights of way for roads, highways, public utilities or telecommunications utilities, excluding power transmission lines; and it is recognized that trail rights of way on occasion may be located, or from time to time relocated, through, or adjacent to, lands used for private timber (including logging), agriculture, commercial or industrial operations and that such location or relocation of a trail right of way, of itself, shall not impose any limitation upon an otherwise lawful use of the adjacent private land except to the extent of the terms of any agreement with the private landowner as provided in ORS 390.971 (1) and except as may be provided by any zoning ordinance, law or regulation.
(3) The location and width of an Oregon recreation trail right of way across federal lands under the jurisdiction of a federal agency shall be by agreement between that agency and the department.
(4) In selecting a right of way, the department shall endeavor to obtain the advice and assistance of the local governments, private organizations, landowners, the land users concerned, and the advisory council established under ORS 390.977.
(5) The department shall hold a public hearing in the area of the state where the selection of such right of way is to be made. Subject to ORS 390.971, after public hearing, the department may revise the location and width of a right of way from time to time as required by circumstances, with the consent of the head of any federal agency involved, and with such advice and assistance of the local governments, private organizations, landowners, land users, and the advisory council, as the department considers necessary or advisable. [1971 c.614 §7; 1987 c.447 §124]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.974 - Intergovernmental cooperation to obtain property for use in trail system.

The State Parks and Recreation Department is authorized and encouraged to consult and to cooperate with any state, federal or local governmental agency or body and with any privately owned utility having jurisdiction or control over or information concerning the use, abandonment or disposition of roadways, utility rights of way or other properties suitable for the purpose of improving or expanding the Oregon recreation trails system in order to assure, to the extent practicable, that any such properties having value for Oregon recreation trail purposes may be made available for such use. [1971 c.614 §11]