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 390.303 - Reconnect Forest Park Fund.

(1) The Reconnect Forest Park Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Reconnect Forest Park Fund shall be credited to the fund. The Reconnect Forest Park Fund consists of moneys deposited in the fund under section 32, chapter 812, Oregon Laws 2015, and may include fees, revenues or other income deposited into the fund by the Legislative Assembly.
(2) Moneys in the fund are continuously appropriated to the State Parks and Recreation Department for purposes described in section 32, chapter 812, Oregon Laws 2015. [2015 c.812 §33]
Note:
390.303 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. 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 390.305 - Salmonberry Trail; plan; coordination.

(1) The State Parks and Recreation Department and the State Forestry Department shall, in cooperation with other interested state agencies, local governments, nonprofit organizations and other stakeholders, develop a plan to construct a trail along or adjacent to the portion of the former Pacific Railway and Navigation Company line between Banks and Tillamook, to be known as the Salmonberry Trail. The plan shall identify and address:
(a) Options for the development, maintenance and operation of each trail segment, and the costs associated with the development, maintenance and operation, that:
(A) Take into account the existing uses of the land where trail segments are to be constructed, including active rail use;
(B) Ensure that the designation of trail segments will not affect surrounding private property rights, including rights of way and easements, or require management of privately owned lands in a manner different from that required under the Oregon Forest Practices Act;
(C) Ensure that the development, maintenance and operation of the trail segments do not affect active management of lands for their intended purposes as provided under ORS 530.050 and 530.490; and
(D) Take into account the concerns of the public and other interested parties;
(b) Potential sources of funding for implementation of the plan, including but not limited to federal, state and private sources; and
(c) Options for designation of final state agency or other responsibility for the development, maintenance and operation of the trail and trail facilities as identified in the plan.
(2) The State Parks and Recreation Department and the State Forestry Department may coordinate with nonprofit organizations to raise funds and to develop, maintain and operate trail and trail facilities as necessary to implement the plan developed under this section. [2014 c.68 §1]
Note:
390.305 and 390.307 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 390 or any series therein by legislative action. 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 390.307 - Salmonberry Trail Trust Fund.

The Salmonberry Trail Trust Fund is established in the State Treasury, separate and distinct from the General Fund. All gifts, grants, appropriations or donations received by the state for purposes of developing or implementing the plan described in ORS 390.305 shall be deposited in the Salmonberry Trail Trust Fund. All moneys in the fund are continuously appropriated to the State Forestry Department for the purposes of developing and implementing the plan. [2014 c.68 §3]
Note:
See note under 390.305.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.308 - Oregon Coast Trail; plan; coordination; report.

(1) The State Parks and Recreation Department shall, in cooperation with the Department of Transportation, other interested state agencies, local governments, nonprofit organizations and other stakeholders, develop an action plan to complete the Oregon Coast Trail. The plan shall identify and address:
(a) A preferred option for the development, maintenance and operation of each new trail segment intended to address a gap in the trail system, including the costs associated with the development, maintenance and operation, that:
(A) Takes into account the existing uses of the land where trail segments are to be constructed, including public highway right-of-way, private or public ownership and active rail use;
(B) Ensures that the designation of trail segments will not conflict with surrounding private property rights, including rights of way and easements; and
(C) Takes into account the concerns of the public and other interested parties;
(b) Prioritization of new trail segment construction based on resulting improved safety, immediacy of implementation, potential project sponsors and sources of funding;
(c) Potential sources of funding for implementation of the plan, including but not limited to federal, state and private sources; and
(d) Options for designation of final state agency or other responsible entities for the development, maintenance and operation of the trail and trail facilities as identified in the plan.
(2) The State Parks and Recreation Department may coordinate with nonprofit organizations to raise funds and to develop, maintain and operate the trail and trail facilities as necessary to implement the plan.
(3) The State Parks and Recreation Department shall submit an annual report to the Legislative Assembly on the progress made toward developing and implementing the plan required by this section. [2017 c.674 §1]
Note:
390.308 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. 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 390.310 - Definitions for ORS 390.310 to 390.368.

As used in ORS 390.310 to 390.368, unless the context requires otherwise:
(1) "Channel" includes any channel that flows water at ordinary low water.
(2) "Unit of local government" means an incorporated city, county or any other political subdivision of this state.
(3) "Willamette River" means that portion of the Willamette River, including all channels of the Willamette River, from its confluence with the Columbia River upstream to Dexter Dam and the Coast Fork of the Willamette River upstream to Cottage Grove Dam. [1967 c.551 §1; 1973 c.558 §2; 1989 c.904 §18; 2001 c.104 §131]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.314 - Legislative findings and policy.

(1) The Legislative Assembly finds that, to protect and preserve the natural, scenic and recreational qualities of lands along the Willamette River, to preserve and restore historical sites, structures, facilities and objects on lands along the Willamette River for public education and enjoyment and to further the state policy established under ORS 390.010, it is in the public interest to develop and maintain a natural, scenic, historical and recreational greenway upon lands along the Willamette River to be known as the Willamette River Greenway.
(2) In providing for the development and maintenance of the Willamette River Greenway, the Legislative Assembly:
(a) Recognizing the need for coordinated planning for such greenway, finds it necessary to provide for development and implementation of a plan for such greenway through the cooperative efforts of the state and units of local government.
(b) Recognizing the need of the people of this state for existing residential, commercial and agricultural use of lands along the Willamette River, finds it necessary to permit the continuation of existing uses of lands that are included within such greenway; but, for the benefit of the people of this state, also to limit the intensification and change in the use of such lands so that such uses shall remain, to the greatest possible degree, compatible with the preservation of the natural, scenic, historical and recreational qualities of such lands.
(c) Recognizing that the use of lands for farm use is compatible with the purposes of the Willamette River Greenway, finds that the use of lands for farm use should be continued within the greenway without restriction.
(d) Recognizing the need for central coordination of such greenway for the best interests of all the people of this state, finds it necessary to place the responsibility for the coordination of the development and maintenance of such greenway in the State Parks and Recreation Department.
(e) Recognizing the lack of need for the acquisition of fee title to all lands along the Willamette River for exclusive public use for recreational purposes in such greenway, finds it necessary to limit the area within such greenway that may be acquired for state parks and recreation areas and for public recreational use within the boundaries of units of local government along the Willamette River. [1973 c.558 §1]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.318 - Preparation of development and management plan; content of plan.

(1) The State Parks and Recreation Department, in cooperation with units of local government that have lands along the Willamette River within their respective boundaries, shall prepare a plan for the development and management of the Willamette River Greenway as described in ORS 390.314. Such plan may be prepared for segments of the Willamette River and may be submitted as segments for approval under ORS 390.322. Such plan shall specify the boundaries of the Willamette River Greenway and the lands and interests in land situated within such boundaries to be acquired in the development of such greenway. There shall be included within the boundaries of the Willamette River Greenway all lands situated within 150 feet from the ordinary low water line on each side of each channel of the Willamette River and such other lands along the Willamette River as the department and units of local government consider necessary for the development of such greenway; however, the total area included within the boundaries of such greenway shall not exceed, on the average, 320 acres per river mile along the Willamette River. The Willamette River Greenway shall also include all islands and all state parks and recreation areas situated along the Willamette River; however, for the purposes of computing the maximum acreage of lands within such greenway, the acreage of lands situated on such islands and within such state parks and recreation areas shall be excluded.
(2) The plan prepared pursuant to subsection (1) of this section, shall depict, through the use of descriptions, maps, charts and other explanatory materials:
(a) The boundaries of the Willamette River Greenway.
(b) The boundaries of lands acquired or to be acquired as state parks and recreation areas under ORS 390.338.
(c) The lands and interests in lands acquired or to be acquired by units of local government under ORS 390.330 to 390.360.
(d) Lands within the Willamette River Greenway for which the acquisition of a scenic easement, as provided in ORS 390.332, is sufficient for the purposes of such greenway.
(3) The plan shall include the location of all known subsurface mineral aggregate deposits situated on lands within the boundaries of the Willamette River Greenway. [1973 c.558 §3; 1989 c.904 §19]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.322 - Submission of plan to Land Conservation and Development Commission; revision, approval and distribution of plan.

(1) Following the preparation of the plan or any segment thereof under ORS 390.318, the State Parks and Recreation Department shall submit such plan or segment to the Land Conservation and Development Commission. The commission shall investigate and review such plan or segment as it considers necessary. If the commission finds that the plan or segment complies with ORS 390.310 to 390.368, it shall approve the plan or segment. If the commission finds revision of any part of the submitted plan or segment to be necessary, it may revise the plan or segment itself or require such revision by the department and units of local government.
(2) Upon approval of the plan for the Willamette River Greenway or segment thereof, the commission shall cause copies of such plan or segment to be filed with the recording officer for each county having lands within the Willamette River Greenway situated within its boundaries. Such plan or segment filed as required by this subsection shall be retained in the office of the county recording officer open for public inspection during reasonable business hours.
(3) If the plan for the Willamette River Greenway is prepared and approved in segments, the total of all such approved segments shall constitute the plan for the Willamette River Greenway for the purposes of ORS 390.310 to 390.368. The department and units of local government, with the approval of the commission, may revise the plan for the Willamette River Greenway from time to time. [1973 c.558 §4]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.330 - Grants for acquisition of lands by local government units; acquisition of water rights or use of condemnation powers limited.

(1) The State Parks and Recreation Department may enter into agreements with units of local government and make grants of money to assist units of local government in acquiring lands or any interest in lands situated within the boundaries of the Willamette River Greenway for exclusive public use for scenic and recreational purposes and to assist units of local government in preserving and restoring historical sites, structures, facilities and objects on lands along the Willamette River as may be determined by the department to be in accordance with the plan approved under ORS 390.322 and to further the purposes of the Willamette River Greenway as set forth in ORS 390.314. Each such agreement shall provide for the transfer by the department to the unit of local government of any scenic or public easement acquired by the department under ORS 390.310 to 390.368 with respect to lands acquired by the unit of local government under this section. The grants of money that may be made by the department for any property or property rights or for the initial preservation and restoration of historical sites, structures, facilities and objects shall not exceed 50 percent of the cost thereof. All remaining costs, including future operation and maintenance, shall be borne by the unit or units of local government in a manner satisfactory to the department. No grant of money shall be made by the department for property acquired by any unit of local government prior to June 30, 1967, or for costs incurred by any unit of local government prior to October 5, 1973, in the preservation and restoration of historical sites, structures, facilities and objects.
(2) Except as provided in subsection (3) of this section, a unit of local government is not authorized, for the purposes of this section, to acquire water rights or installations used in connection with such water rights or to acquire any property or property rights by condemnation.
(3) A city, in the acquisition of any property or property rights within the boundaries of the Willamette River Greenway with grants of money made under this section, may use any power of condemnation otherwise provided by law for use by the city in such acquisition. [1967 c.551 §3; 1973 c.87 §2; 1973 c.558 §10; 1989 c.904 §20]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1967 c.551 §4; 1973 c.558 §11]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1967 c.551 §5; 1973 c.558 §12]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1967 c.551 §6; 1973 c.87 §3; 1973 c.558 §13; 1989 c.904 §22]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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 390.332 or a scenic or public easement acquired under ORS 390.334 shall be valued at its real market value, less any reduction in value caused by the easement, and assessed in accordance with ORS 308.232. The easements shall be exempt from assessment and taxation as any land owned by the state is so exempt. [1973 c.558 §7; 1981 c.804 §98; 1991 c.459 §393]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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:
390.400 and 390.405 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 390 or any series therein by legislative action. 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 390.405 - 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 390.400.
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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). [1999 c.977 §2; 2011 c.360 §7]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.555 - All-Terrain Vehicle Account; sources.

The All-Terrain Vehicle Account is established as a separate account in the State Parks and Recreation Department Fund, to be accounted for separately. Interest earned by the All-Terrain Vehicle Account shall be credited to the account. After deduction of expenses of collection, transfer and administration, including the expenses of establishment and operation of Class I, Class III and Class IV all-terrain vehicle safety education courses and examinations under ORS 390.570, 390.575 and 390.577, the following moneys shall be transferred to the account:
(1) Fees collected by the State Parks and Recreation Department for issuance of operating permits for all-terrain vehicles under ORS 390.580 and 390.590.
(2) Fees collected by the department from participants in the Class I, Class III and Class IV all-terrain vehicle safety education courses under ORS 390.570, 390.575 and 390.577.
(3) The moneys transferred from the Department of Transportation under ORS 802.125 that represent unrefunded fuel tax. [1999 c.977 §3; 2007 c.887 §10; 2011 c.360 §7a]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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 390.555 that are attributable to Class I all-terrain vehicles shall be 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. [1999 c.977 §4; 2005 c.22 §267; 2007 c.887 §9; 2009 c.812 §1; 2009 c.825 §5; 2011 c.360 §8]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1999 c.977 §6; 2007 c.887 §11]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1999 c.977 §7; 2007 c.887 §12]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [2011 c.360 §6b]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1999 c.977 §8; 2011 c.360 §10]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1999 c.977 §9; 2007 c.887 §8]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [Formerly 274.065 and then 390.710; 1989 c.904 §23; 1999 c.373 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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 Oregon’s 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 Oregon’s ocean shore. [1967 c.601 §§1,2(1),(2),(3); 1969 c.601 §4]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.620 - Pacific shore not to be alienated; judicial confirmation.

(1) No portion of the lands described by ORS 390.610 or any interest either therein now or hereafter acquired by the State of Oregon or any political subdivision thereof shall be alienated except as expressly provided by state law. The State Parks and Recreation Department and the State Land Board shall have concurrent jurisdiction to undertake appropriate court proceedings, when necessary, to protect, settle and confirm all such public rights and easements in the State of Oregon.
(2) No portion of the ocean shore declared a state recreation area by ORS 390.610 shall be alienated by any of the agencies of the state except as provided by law.
(3) In carrying out its duties under subsection (1) of this section with respect to lands and interests in land within the ocean shore, the State Land Board shall act with respect to the portion of the tidal submerged lands, as defined in ORS 274.705, and the submersible lands, as defined in ORS 274.005 (8), that are situated within the ocean shore as it does with respect to other state-owned submerged and submersible lands within navigable waters of this state.
(4) In carrying out its duties under subsection (1) of this section with respect to lands and interests in land within the ocean shore, the State Parks and Recreation Department shall act with respect to such lands and interests as it does with respect to other lands and interests within state recreation areas. [1967 c.601 §§2(4),3; 1969 c.601 §5; 1973 c.364 §1; 2019 c.14 §5]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1967 c.601 §4; 1969 c.601 §6; 1989 c.904 §24]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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. [1969 c.601 §21; 1973 c.364 §2]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.640 - Permit required for improvements on ocean shore; exceptions.

(1) In order to promote the public health, safety and welfare, to protect the state recreation areas recognized and declared by ORS 390.610 and 390.615, to protect the safety of the public using such areas, and to preserve values adjacent to and adjoining such areas, the natural beauty of the ocean shore and the public recreational benefit derived therefrom, it is necessary to control and regulate improvements on the ocean shore. Unless a permit therefor is granted as provided by ORS 390.650, no person shall make an improvement on any property that is within the ocean shore.
(2) This section does not apply to permits granted pursuant to ORS 390.715, or to rules adopted or permits granted under ORS 390.725.
(3) This section does not apply to continuous extensions of densely vegetated land areas that were, as of August 22, 1969, both seaward of the line established by ORS 390.770 and above the 16-foot contour. The elevation mentioned in this subsection refers to the United States Coast and Geodetic Survey Sea-Level Datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947.
(4) This section does not apply to the removal, filling or alteration of material on the ocean shore where those activities are regulated under a state-assumed permit program as provided in 33 U.S.C. 1344(g) of the Federal Water Pollution Control Act, as amended. [1967 c.601 §5; 1969 c.601 §7; 1973 c.642 §14; 1999 c.373 §3]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.655 - Standards for improvement permits.

The State Parks and Recreation Department shall consider applications and issue permits under ORS 390.650 in accordance with standards designed to promote the public health, safety and welfare and carry out the policy of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. The standards shall be based on the following considerations, among others:
(1) The public need for healthful, safe, aesthetic surroundings and conditions; the natural scenic, recreational and other resources of the area; and the present and prospective need for conservation and development of those resources.
(2) The physical characteristics or the changes in the physical characteristics of the area and suitability of the area for particular uses and improvements.
(3) The land uses, including public recreational use if any, and the improvements in the area, the trends in land uses and improvements, the density of development and the property values in the area.
(4) The need for recreation and other facilities and enterprises in the future development of the area and the need for access to particular sites in the area. [1969 c.601 §11; 1979 c.186 §22]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 390.659 - Hearing before director regarding department action on improvement permit; appeal of director’s 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 director’s original order. Appeals from the director’s 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 390.676, 390.690 and 390.705 to 390.770. [1999 c.373 §6 (enacted in lieu of 390.658)]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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 390.640, property subject to public rights or easements declared by ORS 390.610 and property abutting, adjacent or contiguous to those lands described by ORS 390.615 that is available for public use, whether such public right or easement to use is obtained by dedication, prescription, grant, state-ownership, permission of a private owner or otherwise. [1967 c.601 §7; 1969 c.601 §16]
2023 Oregon Revised Statutes › Volume : 10 - Highways, Military › Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails › Section 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 390.650, or in a manner contrary to the conditions set out in the permit, is a public nuisance. [1999 c.373 §12]