reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0010 - Purpose of State Park Master Plans

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of state park master plans is to plan for
				protection and public enjoyment of state park resources. Master plans identify
				and provide for protection of important natural, cultural and scenic resources
				within state parks, and provide for the most appropriate recreation-related
				uses for the parks based on resource opportunities and constraints, development
				opportunities and constraints, public recreational needs and the Department's
				role as a public recreation provider. Master plans also set forth natural,
				cultural and scenic resource management goals, objectives and guidelines for
				the parks. The master planning process provides a forum for public and agency
				participation in the completion of each master plan. State park master plans
				and master plan amendments are completed on a priority basis to address impacts
				on resources and resource management needs, to address critical and current
				recreational use levels and to plan for future use based on assessments of
				future recreation needs. The master planning process may include the
				identification of lands desired by the Department for acquisition in relation
				to the park being master planned, and identification of any potential new
				endowment properties within the parks.
Stat. Auth.: ORS
				  390.180
Stats. Implemented: ORS
				  390.180
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0015 - State Park Master Planning Process

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes the process the Department follows in
				completing new state park master plans and amending existing master plans. In
				the master planning process, the Department shall provide reports and maps as
				appropriate for each step of the process for agency and public examination. The
				Department shall:
(1) Assess the
			 occurrence and importance of the natural and cultural resources in the
			 park.
(2) Determine the suitability
			 of areas of the park for recreational use and development based on the natural
			 and cultural resource assessments and the Department's composite suitability
			 assessment process as defined in OAR
			 736-018-0020(1)(c).
(3) Assess the recreational aspects of the
			 park including:
(a) Current and future demand
			 for outdoor recreational activities and related facilities in the vicinity of
			 the park, and the statewide, regional and local supply of recreational
			 opportunities and facilities related to demanded activities;
(b) The existing recreational opportunities
			 and facilities in the park; and
(c)
			 The recreational activities and facilities that could potentially be provided
			 in the park.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0025 - State Park Uses

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may propose any uses for a state park which are
				consistent with the state park master planning criteria described in OAR
				736-018-0020.
(1) The Commission and Department recognize
			 that certain state park uses are traditional in Oregon's state parks. These
			 traditional uses are described in the Department's "Traditional State Park
			 Uses" list. Traditional state park uses are consistent with the Commission and
			 Department's role as a public recreation provider.
(2) As provided by ORS
			 195.120, when considering a
			 local comprehensive plan amendment as required for local adoption of a master
			 plan, a local government is not required to adopt an exception to Statewide
			 Planning Goals 3 or 4 for park uses listed under OAR
			 660-034-0035, provided the uses
			 meet all other statewide goals and are provided for in a master plan adopted by
			 the Department.
Stat. Auth.: ORS
				  390.180
Stats. Implemented: ORS
				  390.180
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0028 - Local Government Coordination

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding OAR 736 Division 70, this rule describes the
				process the Department follows in coordinating with affected local governments
				in a master planning process as described in OAR
				736-018-0015. This rule is
				intended to be used in conjunction with the provisions of OAR 660 Division 34,
				which sets forth local government procedures for considering a proposed state
				park master plan for local adoption.
(1) The Department shall invite the planning
			 official of each affected local government to participate, or be represented,
			 as a member of the steering committee.
(2) The Department shall include the planning
			 official and all members of the local planning commission and governing body on
			 the mailing list.
(3) The
			 Department shall encourage the local government to adopt a park zone ordinance
			 to help facilitate local approval of park uses.
(4) The Department shall work with the
			 planning official to determine what local planning approvals will be needed to
			 implement the master plan.
(5) The
			 Department shall consider opportunities for the local government to host one or
			 more public meeting in the vicinity of the park.
(6) Prior to or concurrent with the
			 initiation of the state rule-making process for the master plan, the Department
			 shall submit the proposed master plan to the Department of Land Conservation
			 and Development (DLCD) and all affected local governments. The Department shall
			 consult with the planning official of each affected local government regarding
			 the compatibility of the proposed master plan with the adopted local
			 comprehensive plan.
(a) If all of the
			 proposed master plan provisions are compatible with the local comprehensive
			 plan, the Department may proceed with state rule adoption of the master plan.
			 The Department shall request written confirmation from the planning official
			 that the master plan is compatible with the local comprehensive plan. The
			 Department may submit the master plan for local adoption during the local
			 government's periodic review.
(b)
			 If any of the proposed master plan provisions are not compatible with the
			 adopted local comprehensive plan, the Department shall submit an application
			 for an amendment to the local comprehensive plan prior to or concurrently with
			 the state rule-making process.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0030 - Dispute Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding OAR 736 Division 70, this rule sets forth the
				Department's requirements for resolving objections that may be raised by
				affected local governments in the master planning process as described in OAR
				736-018-0028(9).
				This rule is intended to be used in conjunction with OAR
				660-034-0025, which provides
				direction to local governments regarding dispute resolution in a state park
				master planning process.
(1) Upon
			 receiving an objection that meets the requirements in section (2)(a) and (b) of
			 this rule, the Department shall attempt to resolve the objection during the 60
			 day delay period described in OAR
			 736-018-0028(9),
			 either through informal discussions with the local government or through formal
			 mediation.
(2) The Department may
			 choose to engage in dispute resolution for any issues raised by an objection.
			 However, the 60 day delay period described in OAR
			 736-018-0028(9)
			 is only required if:
(a) The objection is
			 raised by a letter from the governing body of the affected local government to
			 the Director within the comment period described in OAR
			 736-018-0028(8)(b);
			 and
(b) The letter from the
			 governing body indicates the reason or reasons why the local government
			 believes the master plan, as proposed by the Department, is or may be
			 inconsistent with the state park master planning criteria described in OAR
			 736-018-0020.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0035 - State Park Master Plans Previously Adopted as State Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding OAR
				736-018-0015, OAR
				736-018-0028, and OAR 736
				Division 70, the Department shall follow the process described in sections (1)
				and (2) of this rule in coordinating with an affected local government for any
				master plan that was adopted as a state rule but not adopted by the local
				government prior to the effective date of this rule.
(1) The Department shall consult with the
			 planning official of each affected local government regarding the compatibility
			 of the master plan with the adopted local comprehensive plan. If all of the
			 master plan provisions are compatible with the adopted local comprehensive
			 plan, the Department may submit the master plan for local adoption during the
			 local government's periodic review. The Department shall request written
			 confirmation from the planning official that the master plan is compatible with
			 the local comprehensive plan.
(2)
			 If any of the master plan provisions are not compatible with the adopted local
			 comprehensive plan, the Department shall do one of the following:
(a) Submit the master plan for adoption
			 through the local comprehensive plan amendment process;
(b) Submit the master plan for adoption
			 during the local government's periodic review; or
(c) Submit the master plan for readoption as
			 a state rule, and follow the local government coordination procedures described
			 in OAR 736-018-0028(7) through
			 (10).
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0040 - Minor Variations from Master Plans

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may propose park uses or facilities that vary from
				the provisions of adopted master plans without amending the master plans,
				provided that such variations are minor. Prior to applying for local government
				permits for a use or facility that varies from the master plan provisions, the
				Director shall determine whether the proposed variation is minor or major. Such
				determinations by the Director are not intended to be directive to local
				governments. In making the determination, the Director shall review the
				proposed variation for consistency with the state park master planning criteria
				described under OAR 736-018-0020. A variation from a
				master plan may be determined by the Director to be minor if it is consistent
				with the statewide goals and ORS
				215.296 and is not expected to
				cause significant impacts on adjacent land uses, other uses in the park, local
				public services, transportation systems or important natural, cultural or
				scenic resources. Further:
(1) A
			 location change for a planned park facility may be determined by the Director
			 to be minor if it does not cause the facility to serve a different park use
			 area.
(2) The following limitations
			 shall apply to the Director's determinations involving minor expansions of
			 planned park facilities:
(a) A maximum of 20
			 percent increase in the floor area of any planned permanent building, provided
			 that this limitation shall not apply to the following: toilet and shower
			 buildings; garbage and recycling collection buildings; campground registration
			 and storage buildings; and any other accessory building that does not exceed
			 120 square feet after expansion;
(b) A maximum of 20 percent increase in the
			 number of planned bedrooms in any lodge, inn, bed and breakfast, barracks or
			 bunkhouse, or group of cabins, or in any park use area;
(c) A maximum of 20 percent increase in the
			 number of planned camp sites in any general or group camping area;
(d) A maximum of 20 percent increase in the
			 number of planned parking spaces in any parking lot or park use area;
(e) A maximum of 20 percent increase in the
			 surface area of any planned road for purposes of improving safety, realignment
			 or widening; and
(f) Extension of a
			 road to provide access to a planned use that is expanded or relocated under the
			 provisions of this rule may be considered minor only to the extent needed to
			 serve the expanded or relocated use.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0050 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The State Parks and Recreation Division shall manage forest
				resources to provide for the public's enjoyment and to protect the natural
				resources. The Division shall determine the sensitivity of a forest where
				management needs are identified, and use the least disruptive practice feasible
				to accomplish management objectives. The Division shall involve the public in
				significant forest management programs. In emergencies, the Division may take
				the appropriate action and follow up with necessary evaluation after the
				action.
Stat. Auth.: ORS 390
Stats. Implemented: ORS
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0060 - Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Protect the
			 natural qualities of sensitive forest resources.
(2) Manage forests to control fire and
			 destructive pests, improve growth and vigor, rehabilitate damaged areas, and
			 create desirable conditions.
(3)
			 Manage forests for safe, attractive, and compatible recreation
			 opportunities.
(4) Revenue
			 generation is not an objective of park forest management, except in areas
			 designated through publicized processes as being surplus to park
			 needs.
Stat. Auth.: ORS 390
Stats. Implemented: ORS
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0070 - Planning, Coordination, and Cooperation

Current through Register Vol. 63, No. 7, July 1, 2024
The Division shall:
(1) Incorporate forest management in park
			 master plans. For parks without master plans, plans for significant programs
			 shall be prepared and publicized as set forth in these rules.
(2) Make management programs consistent with
			 Forest Practices Act, local comprehensive plans, statewide land use planning
			 goals, and comprehensive outdoor recreation plans to the extent
			 possible.
(3) Coordinate programs
			 with owners or managers of adjacent forest lands to minimize conflict and
			 duplication, when appropriate.
(4)
			 Cooperate with forest research agencies, organizations, and institutions of
			 higher learning by allowing scientific studies, field learning exercises, and
			 demonstrations of practice or activity alternatives.
(5) Consult and contract with state, federal,
			 or local agencies and private firms or organizations to carry out management
			 programs and fire protection in park forests, as appropriate.
Stat. Auth.: ORS 390
Stats. Implemented: ORS
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0080 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Division"
			 means the Parks and Recreation Division of the Oregon Department of
			 Transportation.
(2) "Administrator"
			 means the administrator of the Division.
(3) "Forest" means an area characterized by
			 native trees outside developed areas of a park.
(4) "Forest Management" means the application
			 of scientific, economic, and social principles to forests for specified
			 objectives.
(5) "Practices" means
			 those "applications of principles" subject to the Forest Practices Act, ORS
			 527.610 et seq. except those
			 associated with park developments.
(6) "Activities" mean those applications
			 typically associated with new or existing park developments even though the
			 specific action is subject to the Forest Practices Act.
(7) "Program" means planned forest
			 manage-ment involving activities or practices.
(8) "Sensitivity" means the relative
			 potential for scientific, historical, archeological, ecological, fish and
			 wildlife, aesthetic, or social values of a specific forest to be adversely
			 affected by a practice.
(9)
			 "Impact" means the potential for a specific program to cause long-term or
			 cumulative effects on a forest.
(10) "Significant" means a situation in which
			 high impact practices affect highly sensitive forests.
(11) "Emergency" means unforeseen
			 circumstances that threaten immediate harm to public health and safety, park
			 resources, or other public or private property.
(12) "Emergency Action" means activities or
			 practices undertaken in response to an emergency.
Stat. Auth.: ORS 390
Stats. Implemented: ORS
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0090 - Determination of Significance

Current through Register Vol. 63, No. 7, July 1, 2024
The Division shall determine significance levels by evaluating
				the sensitivity of forests and potential impacts of practices:
(1) Sensitivity: Sensitivity of forests in
			 parks for which there is no master plan shall be rated as high, unless:
(a) The forest has been identified as surplus
			 to park needs by a process that provides public review and opportunity for
			 comment;
(b) The forest has been
			 assessed in the State Parks Natural Resources Inventory and is found not to
			 contain important natural features, rare or endangered species, or potential
			 natural heritage cells; or
(c) The
			 Division's instrument of title to the forest requires certain forms of timber
			 management or reserves timber harvest rights to the grantor.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Export" means
			 that unprocessed timber is loaded on a vessel or other conveyance with a
			 foreign destination or is present at a facility such as a port or dock with
			 intent to load it on a vessel or other conveyance with a foreign
			 destination.
(2) "Performance Bond"
			 means the security required by a state timber sale contract which ensures
			 satisfactory performance of contract requirements by the timber sale purchaser.
			 A performance bond may be in the form of a surety bond, cash, negotiable
			 securities, irrevocable letter of credit, or an assignment of surety.
(3) "Person" means an individual, a
			 partnership, a public or private corporation, an unincorporated association, or
			 any other legal entity. The term includes any subsidiary subcontractor, parent
			 company or other affiliate. Business entities are considered affiliates when
			 one controls or has the power to control the other or when both are controlled
			 directly or indirectly by a third person.
(4) "Private Lands" means lands within the
			 State of Oregon owned by a person. The term does not include federal lands or
			 non-federal public lands, or any lands the title to which is:
(a) Held in trust by the United States for
			 the benefit of any Indian tribe or individual;
(b) Held by any Indian tribe or individual
			 subject to a restriction by the United States against alienation; or
(c) Held by any Native Corporation as defined
			 in Section 3 of the Alaska Native Claims Settlement Act (
43
			 U.S.C. 1602
).
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0110 - Criteria Regarding Log Export of Eligibility to Bid on Department Timber Sale Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to all other requirements of law, any person submitting a bid for the
			 purchase of state timber between the time this rule takes effect and June 10,
			 1991 must certify, in the form and manner specified by the Department, that:
(a) The person will not export directly or
			 indirectly unprocessed state timber; and
(b) The person:
(A) Has not exported directly or indirectly
			 unprocessed timber originating from private lands in Oregon since September 10,
			 1990 except to meet contractual obligations made prior to September 10,
			 1990;
(B) Will not export directly
			 or indirectly unprocessed timber originating from private lands in Oregon other
			 than as permitted pursuant to paragraph (A) of this subsection; and
(C) Will complete on or before June 10, 1991
			 any pre-September 10, 1990 contractual obligations to export unprocessed timber
			 originating from private lands in Oregon.
(c) The person will not sell, transfer,
			 exchange or otherwise convey unprocessed state timber to any other person
			 without obtaining a certification from the person that meets the requirements
			 of OAR 736-018-0130.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0115 - Prohibition Against Indirect Substitution

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to all other requirements of law, no person who is
				prohibited from purchasing timber directly from the Department may purchase
				state timber from any other person. Acquisitions of Western Red Cedar which are
				domestically processed into finished products to be sold into domestic or
				international markets are exempt from the prohibition contained in this
				rule.
Stat. Auth.: ORS
				  390.121(3)
Stats. Implemented: ORS
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0120 - Applicable State Timber

Current through Register Vol. 63, No. 7, July 1, 2024
All unprocessed timber, as defined in OAR
				736-018-0105, which originates
				from state lands is prohibited from export.
Stat. Auth.: ORS
				  390.121(3)
Stats. Implemented: ORS
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0125 - Surplus Timber

Current through Register Vol. 63, No. 7, July 1, 2024
The prohibitions against export contained in OAR
				736-018-0105 to
				736-018-0145 shall not apply to
				specific quantities of grades and species of unprocessed timber originating
				from state land which the United States Secretary of Agriculture or Interior
				has determined by rule to be surplus to the needs of timber manufacturing
				facilities in the United States.
Stat. Auth.: ORS
				  390.121(3)
Stats. Implemented: ORS
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0130 - Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before
			 the Department will issue final acceptance of timber sale contract
			 requirements, a purchaser of state timber must:
(a) Notify the Department of the delivery
			 destination of all timber purchased under that contract. Notification will be
			 made in a form and manner prescribed by the Department;
(b) Prior to selling trading, exchanging, or
			 otherwise conveying state timber to any other person, the purchaser of state
			 timber shall obtain a certification of the person's eligibility to purchase
			 state timber, and their intent to comply with the terms and conditions
			 contained in this section. Certification will be made in form and manner as
			 prescribed by the Department and shall be forwarded to the Department upon
			 completion of the transaction. Obtaining certification shall not relieve the
			 purchaser's responsibility to provide the Department with an accounting of the
			 final delivery destination of that timber.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0135 - Purchaser Disqualification and Termination of Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall keep a record of any
			 person who violates the requirements of OAR
			 736-018-0105 to
			 736-018-0140. In addition, the
			 Department shall subscribe to and keep lists or records of persons who violate
			 the requirements of export rules of other Oregon state agencies.
(2) A person whose name appears on the
			 records for violations as stated in section (1) of this rule, and who again
			 violates the requirements of OAR
			 736-018-0105 to 736-019-0140 or
			 any other Oregon state agency's log export rules shall be disqualified from
			 bidding on or purchasing state timber for a period of five years following the
			 date of the violation. Any appeals of disqualification shall be handled as
			 provided in ORS 279.045.
(3) The Department may suspend operations
			 and/or terminate any state timber sale contract entered into with a person who
			 has violated the requirements of OAR
			 736-018-0105 to
			 736-018-0140, and assess damages
			 according to the following formula:
D = (OSV+AC) - (PR+RSV), where:
D = Damages and Expenses
OSV = Original Sale Value (timber only -- does not include
				project value). The original sale value shall be adjusted to reflect estimated
				overruns or underruns on recovery sales.
AC = Administrative Costs. These costs include both the field
				and office costs required for the preparation of the defaulted parcel for
				resale. These costs also include rehabilitation or regeneration delay costs,
				legal service costs, interest, and other costs allowed by law.
PR = Payments Received
RSV = Remaining Sale Value. The value of the remaining timber
				shall be determined using the Department's estimate of remaining volume,
				multiplied by the dollar values stated in the contract.
Stat. Auth.: ORS
				  390.121(3)
Stats. Implemented: ORS
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0140 - Log Branding and Marking Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All state timber originating from state
			 timber sales shall be branded with an assigned and registered brand before
			 removal from the sale area. Unless prevented by the size or condition of wood,
			 both ends of all logs originating from state timber sales shall be hammer
			 branded and both ends shall be painted with a paint type and color to be
			 determined by the Department. In making this determination, the Department
			 shall coordinate with other state agencies to avoid possible
			 confusion.
(2) If properly marked
			 state timber is sub-divided into smaller pieces for any other purpose than
			 immediate processing, each piece must be branded with a state brand
			 specifically used for this purpose and signifying the unprocessed timber is
			 state timber ineligible for export. The Department's export restriction
			 branding hammers can be obtained from the Department at cost upon
			 request.
Stat. Auth.: ORS
				  390.121(3)
Stats. Implemented: ORS
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0145 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
Investigation of suspected violations of these rules and/or
				surveillance of unprocessed timber in transit and at port facilities may be
				conducted by the Department, or contracted by the Department to other state or
				federal agencies. Any alleged violations of the export prohibition provisions
				of this section will be referred by the Department to the appropriate federal
				or state agency for prosecution or other legal action.
Stat. Auth.: ORS
				  390.121(3)
Stats. Implemented: ORS
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 19 - LAND ACQUISITION AND EXCHANGE › Section 736-019-0000 - Scope and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
This division implements the statutory mandate in ORS
				390.112 to describe criteria for
				the acquisition and development of new historic sites, parks and recreation
				areas. The purpose of this division is to establish a methodology for
				consideration of land acquisition and land exchange that will allow the Parks
				and Recreation Department to:
(1)
			 Identify and acquire the best representative landscapes and most significant
			 sites in Oregon for the purpose of protecting the State's most valuable
			 natural, scenic, cultural, historic, and recreational resources;
(2) Ensure the general public's access to and
			 enjoyment of these sites as compatible with OPRD cultural and sustainability
			 policies;
(3) Ensure that the
			 themes of Oregon's natural and human history are woven into the master
			 development plans of new and existing properties; and
(4) Foster appreciation and enjoyment of
			 outdoor recreation resources by conserving, developing and maintaining
			 waterways, scenic roads, highway corridors, trails and State recreation
			 areas.
Stat. Auth.: ORS
				  390.121 &
				  390.124
Stats. Implemented: ORS
				  390.112 &
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 19 - LAND ACQUISITION AND EXCHANGE › Section 736-019-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division, unless the context requires
				otherwise:
(1) "Acquisition" means
			 obtaining title to real property or any right or interest therein, or an
			 interest in timber or other assets, by purchase, agreement, donation, exchange,
			 gift, devise, or by exercise of eminent domain.
(2) "Commission" means the State Parks and
			 Recreation Commission.
(3)
			 "Department" means the State Parks and Recreation Department.
(4) "Director" means the State Parks and
			 Recreation Department Director.
(5)
			 "Exchange" means the simultaneous, mutual transfer between willing parties of
			 one or more interests in land, timber, other assets of equal value, or any
			 combination thereof,.
(6) "Other
			 assets" means cash or forms of consideration other than land or an interest in
			 timber, including but not limited to access rights, mineral rights, and water
			 rights.
(7) "Third party" means any
			 person other than the Department or the owner(s) of property that is the
			 subject of an acquisition or exchange.
(8) "Overwhelming public benefit" means a
			 Commission determination in the approval of a property exchange that accounts
			 for the natural, scenic, cultural, historic, recreational, and operational
			 benefits of a proposal that are likely to be above and beyond the monetary
			 value of the exchange.
Stat. Auth.: ORS
				  390.121 &
				  390.124
Stats. Implemented: ORS
				  390.112 &
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 19 - LAND ACQUISITION AND EXCHANGE › Section 736-019-0040 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The Department shall use sound principles of real estate
				acquisition when acquiring or exchanging real property, comply with all federal
				and state laws pertaining to real property acquisition, and ensure the prudent
				use of public monies in its real property transactions. The Department aspires
				to:
(1) Ensure that the discharge of
			 its fiduciary responsibility for the use of public funds receives the highest
			 priority.
(2) Seek to preserve the
			 public's confidence in our business practices and stewardship of real estate
			 assets.
(3) Conduct real estate
			 transactions in an atmosphere of openness, honesty and integrity with land
			 owners and the public, and maintain the confidentiality of such transactions to
			 the extent allowed by law when it serves the public interest or to avoid harm
			 to private citizens' interests.
(4)
			 Balance the need for and benefits of public open space with impacts on local
			 tax revenue and private economic opportunity.
Stat. Auth.: ORS
				  390.121 &
				  390.124
Stats. Implemented: ORS
				  390.112 &
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 19 - LAND ACQUISITION AND EXCHANGE › Section 736-019-0060 - Criteria for Acquisition

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will:
(a) Establish and maintain a
			 list of properties and areas of interest. The Department may acquire properties
			 on that list as they become available, subject to approval and the availability
			 of funds.
(b) Consider park master
			 plans adopted pursuant to ORS
			 195.120, the State Trails Plan,
			 the Willamette Greenway Plan or other plans adopted by the Commission that
			 identify certain land acquisitions as desired and needed.
(c) Acquire properties as specifically
			 directed by Acts of the Oregon Legislature.
(d) Acquire other properties that contribute
			 to the established goals of the Department but were not previously included on
			 a list of properties of interest or identified in a Department plan.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 19 - LAND ACQUISITION AND EXCHANGE › Section 736-019-0070 - Criteria for Exchange

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 considering an acquisition that includes a sale or exchange of real property
			 owned by the Department, the Department will:
(a) Apply all elements of the "Criteria for
			 Acquisition" provided in OAR
			 736-019-0060, and
(b) Apply the provisions of sections (2) or
			 (3) of this rule.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 19 - LAND ACQUISITION AND EXCHANGE › Section 736-019-0080 - Sources of Funding

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will:
(1) Purchase lands with appropriations
			 granted by the Legislature.
(2) Use
			 proceeds from land sales to purchase other lands pursuant to ORS
			 390.121(3).
(3) Accept donated private funds and donated
			 lands.
(4) Seek state, federal and
			 private grants for land purchases when appropriate.
(5) Employ land exchanges when the land
			 traded away is less suitable for open space and recreation than the land
			 received.
Stat. Auth.: ORS
				  390.121 &
				  390.124
Stats. Implemented: ORS
				  390.112 &
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 19 - LAND ACQUISITION AND EXCHANGE › Section 736-019-0100 - Acquisition Practices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will:
(a) Engage in land purchases
			 and land sales in which the value of the land is established by an up-to-date
			 appraisal prepared by an independent professional appraiser or a qualified
			 government employee.
(b) Obtain an
			 independent review of appraisals when the appraised value exceeds
			 $250,000.00.
(c) Consult with local
			 taxing entities of government when a land purchase has potential to cause a
			 significant loss of property tax revenue.
(d) Seek to purchase from willing sellers as
			 the preferred method of buying land.
(e) Exercise the greatest of restraint in
			 using the power of eminent domain consistent with the spirit and intent of the
			 laws authorizing such power.
(f)
			 Acquisitions and exchanges shall be made only with approval of the
			 Commission.
(g) The Director may
			 pay up to $10,000.00 for an option or earnest money agreement if there is a
			 high degree of certainty, without committing a future Legislature, that the
			 funds to complete the subject purchase will be forthcoming. Option payments in
			 excess of $10,000.00 shall only be made if approved by the
			 Commission.
(h) The Department will
			 utilize sound business principles in securing appraisals and conducting
			 negotiations, and shall complete its due diligence in connection with all real
			 property acquisitions and exchanges, including the request for and review of
			 title searches, hazardous material assessments, agreements with third parties
			 intended to facilitate an acquisition by the Department, and any other
			 documents necessary to make the best decision regarding a land purchase or
			 exchange.
(i) Appraisals upon which
			 the Department makes an offer must be dated as close in time to the expected
			 closing as possible, and not be older than one year.
(j) The Department will require the appraiser
			 to consider the new, anticipated, or intended use, income, or zone, if the
			 Grantee proposing an exchange or sale intends, or is likely to pursue, a
			 different highest and best use than the Department's current use or
			 zone.
(k) Submit an Agency Surplus
			 Real Property Notification to the Department of Administrative Services and
			 request the notification of adjacent cities, appropriate counties and all state
			 agencies for the sale, transfer, or exchange of any real property right from
			 Department ownership.
(l) Conduct a
			 visual inspection and check the records for historical uses of any land
			 considered for acquisition. If either the visual inspection or historic records
			 provide information the Department determines merits further investigation of
			 environmental issues, the Department will engage in additional environmental
			 review.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 19 - LAND ACQUISITION AND EXCHANGE › Section 736-019-0120 - Working with Other Parties

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may collaborate on land acquisitions with other
				parties, including county governments, state and federal agencies, non-profit
				organizations, private corporations, landowners, and private land trusts. It is
				the policy of the Department to seek out and engage in land acquisition
				collaborations when they are of mutual benefit and further the attainment of
				shared values and goals. In general, in addition to compliance with the rest of
				this division, the Department considers the following elements to be important
				to successful collaboration on land acquisitions:
(1) Acquisition opportunities must align with
			 the goals, strategies, and priorities for land acquisition established by the
			 Commission;
(2) The potential
			 partner engages with the Department early in the process, and frequently
			 throughout, including full disclosure and transparency on all of the details of
			 the proposal. The Department commits to treat partners in the same way, both
			 for projects brought to it, and where the Department seeks out a
			 collaborator;
(3) An understanding
			 by the potential partner that discussions with the Department staff are
			 preliminary and that only the Commission may approve a land
			 acquisition;
(4) The Department is
			 very willing to give attention and publicity to projects and the
			 accomplishments of partners and believes its participation in a deal can add to
			 that;
(5) A demonstration that the
			 county, local community, interested state and federal agencies support the
			 acquisition, and that the acquisition accommodates public use and
			 access;
(6) An understanding by the
			 potential partner that the Department must undertake real estate transactions
			 in a transparent manner and involve willing sellers who are paid fair market
			 value and only after due diligence has been done, and risks adequately
			 addressed; and
(7) A recognition
			 that the Department is subject to specific and extensive state statutes, rules,
			 and public accountability.
Stat. Auth.: ORS
				  390.121 &
				  390.124
Stats. Implemented: ORS 390.112390.117(5) &
				  390.121
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0001 - Scope and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules implement the statutory mandates in ORS
				390.605 to
				390.660 and
				390.690 to
				390.770 to protect and preserve
				the scenic and recreational values and public rights in the ocean shore, permit
				certain types of development according to standards of review and grant
				emergency permits where property is in imminent peril of destruction by the
				Pacific Ocean or natural forces. The purpose of these rules is to describe the
				permitting requirements, fees, review standards, permit conditions, enforcement
				measures and administrative relief opportunities that apply to applicants for
				permits to make improvements on the ocean shore, construct pipelines, cables or
				conduits across the ocean shore, or to remove products along the ocean
				shore.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.605 - ORS
				  390.770 & ORS 390-990 - ORS
				  390.995
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0004 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Fees -- each
			 application filed under ORS
			 390.640, for an alteration on
			 the ocean shore shall be accompanied by a processing fee for the purpose of
			 partial recovery to the department of its administrative costs. The fee shall
			 be determined according to the construction value of the project. The
			 application processing fee shall be:
(a) $400
			 for projects with a construction value less than $2,500; and
(b) $400 plus three percent of the
			 construction value over $2,500 for projects with a construction value equal to
			 or greater than $2,500.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0005 - Factors Evaluated

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each
			 site on the ocean shore presents different conditions and applicants have
			 varying project needs. Evaluations point up the relative significance of the
			 general, scenic, recreational, safety, and other interests of the public. In
			 acting on any application for an ocean shore permit under ORS
			 390.640,
			 390.715 or
			 390.725, the Department shall
			 consider:
(a) Provisions necessary to protect
			 the affected area from any use, activity or practice that is not in keeping
			 with the conservation of natural resources or public recreation;
(b) The public need for healthful, safe,
			 esthetic surroundings and conditions; the natural, scenic, recreational,
			 economic and other resources of the area and the present and prospective need
			 for conservation and development of those resources;
(c) The physical characteristics or the
			 changes in the physical characteristics of the area, and the suitability of the
			 area for particular uses and improvements (This may include bank alignments,
			 topography, shoreline materials and stability, width of the beach, past
			 erosion, storm water levels, sand movement, water currents, adjoining
			 structures, beach access, land uses, etc.);
(d) The land uses, including public
			 recreational use; the improvements in the area; the trends in land uses and
			 improvements; the density of development; and the need for access to particular
			 sites in the area.
(e) 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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0010 - General Standards

Current through Register Vol. 63, No. 7, July 1, 2024
The following general standards shall be applied, where
				applicable, to each application for an ocean shore permit:
(1) Project Need -- There shall be adequate
			 justification for the project to occur on and alter the ocean shore
			 area.
(2) Protection of Public
			 Rights -- Public ownership of or use easement rights on the ocean shore shall
			 be adequately protected.
(3) Public
			 Laws -- The applicant shall comply with federal, state, and local laws and
			 regulations affecting the project.
(4) Alterations and Project Modifications --
			 There are no reasonable alternatives to the proposed activity or project
			 modifications that would better protect the public rights, reduce or eliminate
			 the detrimental affects on the ocean shore, or avoid long-term cost to the
			 public.
(5) Public Costs -- There
			 are no reasonable special measures which might reduce or eliminate significant
			 public costs. Prior to submission of the application, the applicant shall
			 consider alternatives such as nonstructural solutions, provision for ultimate
			 removal responsibility for structures when no longer needed, reclamation of
			 excavation pits, mitigation of project damages to public interests, or a time
			 limit on project life to allow for changes in public interest.
(6) Compliance with LCDC Goals -- The
			 proposed project shall be evaluated against the applicable criteria included
			 within Statewide Land Conservation and Development Goals #5: Natural Resources,
			 Scenic and Historic Areas, and Open Spaces, #17: Coastal Shorelands, #18:
			 Beaches and Dunes, and #19: Ocean Resources, and other appropriate statewide
			 planning goals. In accordance with the Statewide Land Conservation and
			 Development Commission Goal #18, permit applications for beachfront protective
			 structures on the ocean shore shall be considered only where development
			 existed on January 1, 1977. The project shall be consistent with local
			 comprehensive plans where such plans have been approved by LCDC. When the
			 application is for a pipeline, cable line or conduit under ORS
			 390.715, the project shall be
			 consistent with Statewide Planning Goal #19, Ocean Resources, and applicable
			 requirements of the Oregon Territorial Sea Plan.
Stat. Auth.: ORS 184 & ORS
				  390.124
Stats. Implemented: ORS
				  390.605 - ORS
				  390.770 & ORS
				  390.990 - ORS
				  390.995
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0015 - Scenic Standards

Current through Register Vol. 63, No. 7, July 1, 2024
Projects on the ocean shore shall be designed to minimize
				damage to the scenic attraction of the ocean shore area. The following scenic
				standards shall be applied, where applicable, to each application for an ocean
				shore permit.
(1) Natural Features --
			 The project shall retain the scenic attraction of key natural features, for
			 example, beaches, headlands, cliffs, sea stacks, streams, tide pools, bedrock
			 formations, fossil beds and ancient forest remains.
(2) Shoreline Vegetation -- The project shall
			 retain or restore existing vegetation on the ocean shore when vital to scenic
			 values.
(3) View Obstruction -- The
			 project shall avoid or minimize obstruction of existing views of the ocean and
			 beaches from adjacent properties.
(4) Compatibility with Surroundings -- The
			 project shall blend in with the existing shoreline scenery (type of
			 construction, color, etc.).
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.605 -- ORS
				  390.770 & ORS
				  390.990 - ORS
				  390.995