reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 10 - GENERAL PARK AREA RULES › Section 736-010-0026 - Operator-Propelled Vehicles, Cycles or Similar Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person operating a bicycle, electric
			 assisted bicycle, skateboard, scooter, roller- or inline skate, or other
			 wheeled, operator-propelled equipment that transports the operator on land must
			 comply with the following:
(a) Motor vehicle
			 and bicycle regulatory signs posted in park properties,
(b) Persons under 16 years of age are
			 required to wear protective headgear,
(A) In
			 the event that a person under 11 years of age violates this subsection, the
			 notice of violation shall be issued to the person's parent, legal guardian or
			 person with legal responsibility.
(B) In the event that a person between 11 and
			 16 years of age violates this subsection, the notice of violation may be issued
			 to the violator or that person's parent, legal guardian or person with legal
			 responsibility.
(c)
			 Restrict speed and manner of operation to a reasonable and prudent practice
			 relative to terrain, prevailing conditions, equipment, personal capabilities,
			 personal safety and the safety of all other park users. This includes:
(A) Yielding the right-of-way to pedestrians
			 and animals;
(B) Dismounting and
			 walking in congested areas and posted walk zones;
(C) Slowing down and making presence well
			 know in advance and using caution when overtaking other persons or
			 animals;
(D) Displaying adequate
			 lighting during the hours of darkness, in compliance with ORS chapters 814 to
			 816;
(E) Using caution when
			 approaching turns or areas of limited sight distance;
(F) Not disturbing or harassing wildlife as
			 provided in OAR 736-010-0055; and
(G) Operating in compliance with any
			 additional requirements identified in ORS
			 814.488 when on public roads
			 accessible by motor vehicles.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 10 - GENERAL PARK AREA RULES › Section 736-010-0027 - Boats and Moorages

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 park manager may post restrictions or prohibitions on the use of motorboats or
			 other watercraft at park properties.
(2) Boaters must comply with regulatory signs
			 posted in boat launching, moorage and beach areas.
(3) Boaters shall moor or secure their boat
			 in a manner that will not cause personal injury or damage to private property
			 or park resources.
(4) Boaters
			 shall vacate moorages by the designated checkout time on the last day of the
			 rental date unless otherwise posted.
(5) If a person has failed to pay moorage
			 rental rates for two consecutive days, has exceeded the moorage stay limit, or
			 is occupying a moorage slip reserved by another, the department may have all
			 possessions, including the watercraft, removed at the owner's expense. The
			 department is not responsible for any loss or damage to possessions or
			 watercraft.
(6) The park manager
			 may permit or restrict fishing from boat moorage docks.
(7) A person may not swim or water ski within
			 200 feet of boat moorage docks or facilities.
(8) Motorized boats and all other watercraft
			 are prohibited from entering established swimming areas except for the
			 protection or rescue of human life.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.111,
				  830.912 &
				  830.914
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 10 - GENERAL PARK AREA RULES › Section 736-010-0030 - Domestic Animals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A handler is
			 responsible for the behavior of their domestic animal and shall either confine
			 their domestic animal or keep it under physical control on a leash not more
			 than six feet long at all times except in designated off leash areas.
(2) In designated off leash areas
			 a handler shall keep their domestic animal under control at all times such that
			 it is within the unobstructed sight of the handler, remains responsive to voice
			 commands, or other methods of control.
(3) Handlers shall carry a leash or
			 restraining device at all times while in designated off leash areas and must
			 promptly leash animals at the request or order of a park employee.
(4) Handlers must prevent their domestic
			 animal from harassing or intimidating people, wildlife, and other domestic
			 animals.
(5) Domestic animals
			 shall only be hitched or confined in a manner that does not cause damage to any
			 park resources.
(6) A handler
			 shall pick up and properly dispose of their domestic animal's waste while at
			 the park property.
(7) With the
			 exception of service animals and miniature horses as described in section (12)
			 below, domestic animals are prohibited in the following locations:
(a) Park property buildings and structures,
			 except for up to a total of two dogs or cats in any combination in yurts and
			 cabins that have been designated as pet friendly by the park manager;
(b) Bodies of water, except
			 hunting dogs are allowed in those areas described in OAR
			 736-010-0055;
(c) Beaches adjacent to designated for
			 swimming areas; and
(d) Other
			 areas where posted.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 10 - GENERAL PARK AREA RULES › Section 736-010-0035 - Livestock and Farming

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person may not harass livestock or interfere with lawfully permitted farming
			 activities or facilities, including fencing, at park properties.
(2) A person may conduct farming activities
			 at park properties only with written permission of the park manager or
			 designated park employee.
Stat. Auth: ORS
				  390.124
Stats. Implemented: ORS
				  390.111
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 10 - GENERAL PARK AREA RULES › Section 736-010-0040 - Visitor Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person
			 shall cause, build, maintain, or accelerate a fire at a park property only in:
(a) Park camp stoves or fireplaces provided
			 for such purpose;
(b) Portions of
			 beach areas designated as permissible for campfires; or
(c) Portable stoves used at established
			 campsites, picnic areas, or beach areas where fires are designated as
			 permissible.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 10 - GENERAL PARK AREA RULES › Section 736-010-0050 - Overnight Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Overnight use
			 is prohibited on the ocean shore abutting park properties and in any park
			 property or portion of a park property not specifically designated for camping.
(2) A person must comply with
			 seasons, overnight lengths of stay, and camper checkout times as provided in
			 OAR 736-010-0020.
(3) Overnight facilities shall be occupied
			 only by persons and allowed visitors who have paid overnight use fees as
			 established and required in OAR chapter 736, division 15.
(4) Owners of vehicles in a campground later
			 than 10:00 PM are subject to overnight use fees and must comply with OAR
			 chapter 736, division 15.
(5) A
			 park employee may authorize more than one vehicle to occupy an individual
			 campsite, subject to OAR chapter 736, division 15, but individual campsites
			 shall not be occupied by more than one recreational vehicle at the same time,
			 unless authorized by the park manager.
(6) A maximum of eight individuals may occupy
			 one campsite unless otherwise specified by the park manager.
(7) Quiet hours at park property campgrounds
			 are 10:00 P.M. to 7:00 A.M., and a person may not make, cause, or allow to be
			 made loud noise in a manner that disturbs or may disturb park visitors during
			 these times.
(8) Campsites must be
			 occupied the first night after any belongings are left in the site and must
			 remain occupied each night during the entire length of stay unless other
			 arrangements have been made with the park manager or designated park employee.
			 If a person has failed to pay camping rental rates for two consecutive days or
			 has exceeded the length of stay time limit the department may have all
			 possessions removed from the campsite at the owner's expense. The department
			 will not be responsible for any loss or damage to possessions.
(9) A person must be 18 years of age or older
			 to reserve and register for campsites, cabins, yurts, and other overnight
			 facilities in parks areas.
(10)
			 The registered camper shall be present in the campsite each night of the stay
			 or they shall provide park staff a means of contacting them if they will not be
			 in the campsite overnight.
(11)
			 The registered camper shall be responsible for the activities of all users of
			 the site.
(12) The park manager or
			 designated park employee may require that all food, garbage and equipment used
			 to cook or store food, when not attended, be placed in a vehicle or hard sided
			 camping unit.
Stat. Auth: ORS
				  390.124
Stats. Implemented: ORS
				  390.111
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 10 - GENERAL PARK AREA RULES › Section 736-010-0055 - Park Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person may not excavate, injure, disturb, destroy, alter or remove any
			 archaeological, cultural, or historical site, object, or material from a park
			 property, unless authorized by the director as defined in ORS
			 390.235 and OAR
			 736-051-0060 to
			 736-051-0080.
(2) A visitor may only conduct the following
			 activities with the written permission of the director, manager, or designated
			 park employee unless the activity is specifically allowed by other sections of
			 this rule:
(a) Dig up, or remove any sand,
			 soil, rock, historical, or fossil materials;
(b) Place, remove, roll, or move any stones,
			 logs or other objects that may endanger a person or damage park
			 resources;
(c) Pick, cut, mutilate,
			 trim, uproot, or remove any living vegetation;
(d) Harass, disturb, pursue, injure or kill
			 wildlife; or
(e) Introduce or
			 release animals onto the park property.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 10 - GENERAL PARK AREA RULES › Section 736-010-0060 - Alcoholic Beverages

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person under 21 years of age may not possess or use alcoholic beverage(s) at
			 any park property.
(2) A person
			 may only possess or use alcoholic beverages in the following areas with written
			 permission from the park manager:
(a) That
			 portion of Dabney State Recreation Area downstream from the Stark Street
			 bridge;
(b) Lewis and Clark State
			 Recreation Site between the east bank river frontage road and the Sandy River
			 from I-84 upstream to the park boundary;
(c) TouVelle State Recreation Site;
(d) Tumalo State Park day use
			 area;
(e) Bonnie Lure State
			 Recreation Area;
(f) Warm Springs
			 boat launch access, Deschutes River, Jefferson County;
(g) Iwetemlaykin State Heritage Site;
(h) State Capitol State Park;
(i) Cline Falls State Scenic
			 Viewpoint; and
(j) Other park
			 properties as signed.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 10 - GENERAL PARK AREA RULES › Section 736-010-0065 - Rooster Rock State Park - Nudity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person of post-pubescent age or over 12
			 years of age is prohibited from engaging in nudity, as defined in ORS
			 167.060, in any part of the park
			 property west of the established boundary running north and south 100 yards
			 east of the easternmost beach access stairway and east above the approximate
			 high water mark of the Columbia River in Rooster Rock State Park.
(2) Section (1) applies only where the person
			 engaging in nudity is in public view. Section (1) does not apply to nudity in a
			 public bathhouse, lavatory, or within tents, campers or other enclosures which
			 are screened so that the nudity cannot be viewed by the public.
Stat. Auth: ORS
				  390.124
Stats. Implemented: ORS
				  390.111
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 15 - RATES › Section 736-015-0006 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division, unless the context requires
				otherwise:
(1) "Adoptive Foster
			 Families" means one or more persons who have adopted one or more foster
			 children pursuant to ORS
			 418.285. At least one of the
			 children must currently be under 18 years of age and living with the Adoptive
			 Foster Family.
(2) "Commission"
			 means the Oregon State Parks and Recreation Commission.
(3) "Department" means the Oregon State Parks
			 and Recreation Department.
(4)
			 "Director" means the director of the department.
(5) "Enforcement Officer" means a peace
			 officer or park employee specifically designated by the director under ORS
			 390.050 to investigate observed
			 or reported violations, and to issue oral or written warnings or citations to
			 enforce park area rules.
(6)
			 "Foster Families" means persons with their foster children, who currently
			 maintain:
(a) A Foster Home, a Relative Home
			 for Children or a Foster Home for Children with Developmental Disabilities, as
			 described in ORS 418.625 or
			 443.830;
(b) A Foster Home certified by the Oregon
			 Youth Authority under OAR chapter 416, division 530;
(c) A Foster Home certified by any of the
			 nine federally-recognized tribal governments as listed in ORS
			 172.110; or
(d) A therapeutic Foster Home for Children
			 with Developmental Disabilities provided through a third-party provider that
			 has been certified by the Department of Human Services.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 15 - RATES › Section 736-015-0010 - General Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 commission shall establish fees through rule to promote department financial
			 self-sufficiency and based on the following criteria:
(a) Prevailing rates for comparable
			 facilities;
(b) Day of
			 week;
(c) Season of year;
(d) Amenities of the park area and
			 site;
(e) Marketing opportunities
			 to encourage use and revenues.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 15 - RATES › Section 736-015-0015 - Reservations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose: Based
			 on the department's goal to promote outdoor recreation in Oregon, the
			 department established a reservation program to increase use of park areas and
			 facilities. The director may designate specific park facilities to offer for
			 reservation.
(2) General
			 Regulations:
(a) Reservations will be
			 accepted and processed for designated park facilities through the Oregon State
			 Parks Reservation Center and the Internet.
(b) A person may make a reservation a maximum
			 of eighteen months prior to the arrival date. Reservations over one year prior
			 to arrival date will be limited to groups or special events or special
			 facilities as designated by the director or designee.
(c) A person must be 18 years of age or older
			 to make an overnight reservation.
(d) A person who qualifies under the
			 Americans with Disabilities Act (ADA) may reserve accessible
			 campsites.
(e) A person may not
			 make reservations for multiple park areas for the same date range.
(f) A person reserving a boat slip (where
			 available) must also reserve another facility at the same park area.
(g) Reservations and registrations for horse
			 camping sites shall be made only for people camping with their horses or
			 similar large animals unless otherwise specified by the park manager.
(h) Only the person whose name appears on the
			 original reservation, their designee (as documented in the reservation records)
			 or the primary occupant may change or cancel an existing reservation or access
			 information associated with a reservation.
(A)
			 A person reserving a site for another individual or group must provide the
			 contact information of an individual occupying the site to the park manager or
			 designee at least 72 hours prior to the start of the reservation or the
			 reservation may be cancelled.
(B)
			 Individuals reserving the site are responsible for all activities of users of
			 the site under OAR 736-010-0050(11).
(i) Customer information may be
			 made available upon written request in compliance with ORS chapter 192 and
			 department policy.
(j) Specific
			 information regarding a confirmed reservation will not be released to the
			 public as provided in ORS
			 192.345 and
			 192.355.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 15 - RATES › Section 736-015-0020 - Overnight Rentals

Current through Register Vol. 63, No. 7, July 1, 2024
The director is authorized by the commission to include
				transient lodging taxes in the nightly rental rate and to increase the rental
				rate to the nearest whole dollar. The department shall retain the additional
				revenue. Campsite Rental rates (per night per site before tax):
(1) Full Hookup Campsite: Provides campsite
			 with individual water supply, electrical and sewage hookups, table, stove, and
			 access to a restroom. Fee Range: $26-40
(2) Electrical Hookup Campsite: Provides
			 campsite with individual water supply and electrical hookups, table, stove, and
			 access to a restroom. Fee Range: $24-38
(3) Tent Campsite: Provides campsite with
			 water supply nearby but does not have electricity or sewage hookup. Provides
			 table, stove, and access to a restroom. Fee Range: $17-22
(4) Primitive Campsite: Provides campsite
			 with table and stove; water and sanitary facilities may be some distance away.
			 All primitive campsites Fee Range: $10-15.
(5) Yurt: Rustic units provide a temporary
			 tent structure, covered deck, heat, lights and beds along with outdoor picnic
			 facilities. Deluxe units add kitchen facilities, bathrooms and showers.
(a) Rustic: Fee Range: $42-62.
(b) Deluxe: Fee Range: $81-99.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 15 - RATES › Section 736-015-0026 - Group Day Use

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At designated
			 park areas, a person may reserve a group picnic area(s) by calling the Oregon
			 State Parks Reservation Center. The park manager will determine the maximum
			 group size for each park facility.
(2) The department will charge group picnic
			 rental rates to offset additional park administration and maintenance costs:
(a) Base rate (0-50 people) - $50;
(b) Charges for persons in excess of the 50
			 person base rate will be $1 per person
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 15 - RATES › Section 736-015-0030 - Day Use Parking Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Purpose: Based on the department's goal to manage increased use of park areas,
			 the director may require a motor vehicle day use parking permit at selected
			 park areas. This charge is a parking fee and not a charge for recreational
			 purposes under ORS 105.672 to ORS
			 105.696. The immunities provided
			 under ORS 105.682 apply to use of state
			 park land for recreational purpose.
(2) General Regulations:
(a) Parking permits are to be clearly
			 displayed through the windshield of motor vehicles with the expiration date
			 visible;
(b) Persons with
			 motorcycles or other motor vehicles, such as convertibles, where the permits
			 could be subject to theft, may keep the permit with them and must show it to an
			 enforcement officer or park employee upon request.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 15 - RATES › Section 736-015-0035 - Fee Waivers and Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The director, at the direction of the commission, may waive, reduce or exempt
			 fees established in this division under the following conditions:
(a) A person or group provides in-kind
			 services or materials equal to or greater than the value of the applicable
			 rate, as determined by criteria approved by the director;
(b) Marketing or promotional considerations,
			 including but not limited to special events and commercial filming, that
			 promote the use of park areas and Oregon tourism;
(c) Traditional tribal activities in
			 accordance with policy adopted by the Commission;
(d) Reduced service levels at a park,
			 campsite or other facility as determined by the park manager.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 15 - RATES › Section 736-015-0040 - Miscellaneous Rentals and Products

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Firewood: Where conditions permit, firewood will be sold.
(2) Boat Moorage Facilities - $10 per day per
			 boat: Where boat moorage facilities are provided they may only be reserved with
			 other campsite reservations.
(3)
			 Showers - $2 per person: Charged where showers are available to non-campers in
			 a campground.
(4) Horse Camping
			 Area:
(a) Non-hookup site: Fee Range: $17-22
			 per night per camper unit;
(b)
			 Hookup site: Fee Range: $26-40 per night per camper unit;
(c) Group site (accommodates 3-5 units): Fee
			 Range: $51-66 per night;
(d) Double
			 site: Fee Range: $43-69 per night per two camper units;
(e) A camper unit consists of a motor home,
			 trailer, tent or camper.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 15 - RATES › Section 736-015-0043 - Effective Dates

Current through Register Vol. 63, No. 7, July 1, 2024
Amendments to OAR
				736-015-0020 and
				736-015-0040 adopted at the
				September 20, 2017 OPRD Commission meeting become effective upon October 1,
				2017.
Statutory/Other Authority: ORS
				  390.124
Statutes/Other Implemented: ORS
				  390.111,
				  390.121 &
				  390.124
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 16 - NON-TRADITIONAL PARK ACTIVITIES › Section 736-016-0005 - Purpose and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
This division is intended to secure public health and safety,
				protect park resources and facilities and assist in maintaining facilities and
				services in instances where a person requests to use state park land or
				facilities for a non-traditional park use. These special use permit
				rules:
(1) Allow access to park land
			 for a wide variety of non-traditional park uses by requiring a special use
			 permit if the event or activity, including commercial filming:
(a) Is an organized group activity or event
			 attended by over 50 people; however, groups larger than 50 people that reserve
			 overnight or day use facilities do not require a special use permit under this
			 division unless one or more of the conditions listed in subsections (b) through
			 (i) also exist;
(b) Is an activity
			 associated with a construction project that is not specifically provided for
			 under contract with the department, including contracts related to natural
			 resource projects, placement of utilities, access roads and structures on park
			 land;
(c) Uses park lands,
			 structures or facilities in a manner not expressly provided for under OAR
			 chapter 736, divisions 10, 15, 20 and 21;
(d) Substantially restricts department or
			 public access to or use of park lands, structures or facilities;
(e) Requires placement of structures,
			 facilities, or both, other than those normally used in recreational activities
			 the department traditionally allows on the site;
(f) Could disturb the natural, cultural,
			 scenic or recreational resources on park land;
(g) Could pose a safety concern for other
			 park users or for those involved in the event or activity;
(h) Includes temporary, short-term and
			 non-exclusive vending, advertising or sales activities; or
(i) Includes non-exclusive commercial uses
			 when financial transactions are conducted on park land.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 16 - NON-TRADITIONAL PARK ACTIVITIES › Section 736-016-0010 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 390.635 and
			 390.660 the department has
			 jurisdiction and regulatory authority to manage the Ocean Shore State
			 Recreation area for outdoor recreational purposes consistent with ORS
			 390.010.
(2) Pursuant to ORS
			 390.111, the department has
			 jurisdiction and regulatory authority to manage park lands for outdoor
			 recreational purposes consistent with ORS
			 390.010.
(3) All non-traditional park uses shall
			 conform to applicable local, state, and federal laws.
(4) The department will evaluate a special
			 use permit application under this division using the following criteria:
(a) Whether the activity or use is consistent
			 with local, state, and federal laws;
(b) Whether the activity or use complies with
			 the requirements of this division;
(c) Whether the activity or use, in both
			 nature and timing, will substantially disrupt traditional public park use or
			 unduly inconvenience park neighbors or the general public;
(d) Whether the activity or use will have an
			 adverse impact on public health, safety or welfare, or natural and cultural
			 resource values;
(e) Whether the
			 activity or use is consistent with any natural or cultural resource management
			 plans, policies, or procedures of the department;
(f) Whether the applicant has established
			 their ability to finance, plan and manage the activity in accordance with
			 sanitation, safety, medical care, fire control, security, crowd, noise, and
			 traffic control requirements, and consistent with the protection of park
			 resources;
(g) Whether the
			 applicant has demonstrated experience in performing similar activities in the
			 past or has previously done the event at the proposed location;
(h) Whether the measures planned to mitigate
			 changes in customary park usage or damage to park resources caused by the
			 activity or use will offset the negative impact of the activity;
(i) Whether the applicant has demonstrated an
			 ability to fully meet the terms and conditions of the permit; and
(j) Whether the activity will have a positive
			 impact on the local community, environment, or park land or
			 facilities.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 16 - NON-TRADITIONAL PARK ACTIVITIES › Section 736-016-0015 - Special Use Permit Application Form and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person proposing an activity or use on
			 park land subject to a special use permit under this division must apply to the
			 department on a form provided by the department. The form will provide:
(a) Space to fill in the information required
			 under section (5); and
(b) A
			 current rate sheet listing overnight, day use and group rates from OAR chapter
			 736, division 15;
(c) A list of
			 insurance requirements including the activities or uses considered as high risk
			 for purposes of insurance limits and the department criteria for evaluation of
			 insurance adjustments; and
(d) An
			 explanation of the process and criteria used by the department in evaluating a
			 special use permit application under this division; and
(e) Examples of activities that are allowed
			 without a special use permit, activities that will require a special use permit
			 and activities that will not be allowed, to assist applicants in determining if
			 they need a special use permit.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 16 - NON-TRADITIONAL PARK ACTIVITIES › Section 736-016-0020 - Special Use Permit Conditions and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon the approval of the permit
			 application, the department will issue a special use permit with the terms of
			 permit to be strictly observed by the applicant. The permit shall at a minimum
			 require that:
(a) The applicant assumes full
			 responsibility and liability for damages or injury to any member of the public
			 arising out of the activity or use, including personal injury and property
			 damage, and for any damage to park property, including natural and cultural
			 resources;
(b) The applicant shall
			 indemnify and hold harmless the State of Oregon, its Parks and Recreation
			 Commission and members thereof, the Oregon Parks and Recreation Department, and
			 its officers, agents and employees against any and all damages, claims or
			 causes of action arising from or in connection with the activity or
			 use;
(c) Prior to the permit being
			 issued, the applicant shall provide the department proof of current liability
			 insurance coverage which names the State of Oregon, its Parks and Recreation
			 Department, its Parks and Recreation Commission, and the officers, agents and
			 employees thereof as additional insureds. The insurance coverage shall have
			 limits of not less than $1,000,000. For activities or uses that are assessed as
			 having high risk exposure (e.g. public fire works displays), insurance of
			 $4,000,000 shall be required, per the maximum level of the State's Tort Claim
			 Limits, in ORS 30.271. The department safety
			 and risk manager may reduce or waive insurance limits if one or more of the
			 following apply:
(A) Insurance is not
			 required if the applicant is a Cooperative Association with a current agreement
			 under OAR 736-002-0010 and the activity or
			 use being permitted has been listed on their annual plan for the current
			 year;
(B) Insurance is not required
			 if the activity or use being permitted is being conducted in partnership with
			 OPRD through an agreement with the applicant;
(C) Commercial insurance is not required if
			 the applicant is a public agency; or
(D) Insurance requirements may be reduced if
			 approved by the OPRD Safety & Risk Manager based on a risk assessment
			 considering the level of risk and measures that will be put in place to reduce
			 risk;
(d) If required as
			 a condition of the special use permit, the applicant shall deposit with the
			 department a cash deposit, bond or savings certificate in an amount as
			 specified in the approved permit at least 72 hours prior to the planned
			 activity or use. This deposit, bond or savings certificate shall be security
			 for the applicant's faithful performance of all permit conditions and to cover
			 any damages sustained by the department as a result of breach. The department
			 shall determine the amount of security based on exposure and potential for
			 damages from the activity or use.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 16 - NON-TRADITIONAL PARK ACTIVITIES › Section 736-016-0023 - Fees and Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In addition
			 to the use fees in section (2), an applicant must submit a non-refundable
			 permit application fee of $100. The application fee is waived if the department
			 charges the applicant a monthly or annual rental lease or access fee.
(2) The applicant shall pay to the department
			 in advance of the event the following daily use fees plus any camping and
			 lodging fees established for persons authorized to stay overnight in connection
			 with the event based on the attendance estimate on the permit application:
(a) Commercial Film Use:
Number of Participants - Daily Use Rate
(A) 1-5 - $100;
(B) 6-30 - $150;
(C) 31-60 - $300;
(D) 61 or more - $400.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 16 - NON-TRADITIONAL PARK ACTIVITIES › Section 736-016-0025 - Fee Waivers, Reductions and Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department may exempt public agencies
			 from special use permit requirements upon the department's determination that
			 an exemption will not create significant risk to the health and safety of the
			 public or damage to park resources.
(2) In lieu of the fees charged under OAR
			 736-016-0023, the department may
			 allow the applicant to provide in-kind services or other value in accordance
			 with OAR 736-015-0035.
(3) Special uses conducted in partnership
			 with the department may have a negotiated fee.
Stat. Auth.: ORS 183 &
				  390.124
Stats. Implemented: ORS
				  390.111,
				  390.121 &
				  390.124
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 17 - VETERANS AND WAR MEMORIAL GRANTS › Section 736-017-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to establish the procedures and
				criteria that the Oregon Parks and Recreation Department (OPRD) will use in
				recommending Veterans and War Memorial Grants for funding to the commission
				pursuant to ORS 390.180(1)(d).
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.180(1)(d)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 17 - VETERANS AND WAR MEMORIAL GRANTS › Section 736-017-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division, unless the context requires
				otherwise, the following definitions apply:
(1) "Agreement" means the formal contract
			 between OPRD and the Project Sponsor describing the terms and conditions
			 associated with any granting of funds. Also called "Grant Agreement."
(2) "Commission" means the Oregon Parks and
			 Recreation Commission.
(3)
			 "Committee" means the Veterans and War Memorial Grant Review Committee
			 described in OAR 736-017-0010.
(4) "Department" means the Oregon Parks and
			 Recreation Department (OPRD).
(5)
			 "Construction" means the creation of a new memorial on public
			 property.
(6) "Director" means the
			 director of the Oregon Parks and Recreation Department.
(7) "Eligible Project" means a construction
			 or restoration undertaking which satisfies the requirements of the Veterans and
			 War Memorial Grant Program.
(8)
			 "Governmental Entity" means a body of government, whether district, local,
			 regional, state, federal or tribal.
(9) "Grant" means an award from the Veterans
			 and War Memorial Grant Program.
(10) "Grant Application" means the form and
			 its format as developed by the OPRD that an applicant uses to request a
			 grant.
(11) "Match" means project
			 sponsor's budgeted funds, donated funds, value of equipment, materials, labor,
			 planning, or any combination thereof.
(12) "Maintenance" means the continuation or
			 preservation of a memorial. It includes the routine maintenance of or around a
			 memorial such as landscaping, power washing, general cleaning, dusting, or
			 removal of trash.
(13) "Memorial"
			 means a monument or place designed to commemorate or preserve the memory of
			 wars involving the United States of America or to honor veterans of the Armed
			 Forces of the United States of America.
(14) "Nonprofit Veterans' Organization" means
			 a group that:
(a) Is a nonprofit group that
			 represents veterans of the Armed Forces of the United States, or is established
			 for the purpose of supporting or recognizing such veterans;
(b) Has an established membership, that
			 includes officers, and bylaws; and
(c) Is physically located in Oregon or has a
			 chapter that is physically located in Oregon.
(d) Is also called a "Veterans' Nonprofit
			 Organization".
(e) Is recognized as
			 an existing non-profit status by the Internal Revenue Service.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 17 - VETERANS AND WAR MEMORIAL GRANTS › Section 736-017-0010 - Veterans and War Memorial Grant Review Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Veterans and War Memorial Grant
			 Review Committee shall be composed of five members selected by the department
			 for their interest or expertise in veteran or military issues, at least two of
			 which represent either a veterans organization or a governmental agency
			 responsible for the administration of law relating to veterans or for their
			 knowledge of memorial construction or preservation.
(2) The Veterans and War Memorial Grant
			 Review Committee shall follow grant application review procedures as provided
			 in this division.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.180(1)(d)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 17 - VETERANS AND WAR MEMORIAL GRANTS › Section 736-017-0015 - Director Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to those considered by the committee, the director may recommend
			 eligible projects to the commission for grant funding. The director may
			 recommend grants for construction and restoration.
(2) The director may recommend funding
			 eligible projects either in whole or in part.
(3) The director may establish minimum or
			 maximum grant award amounts each funding cycle.
(4) The director may establish funding
			 priorities or other criteria for each funding cycle.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.180(1)(d)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 17 - VETERANS AND WAR MEMORIAL GRANTS › Section 736-017-0020 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The applicant
			 and project sponsor must be either a local, regional, or tribal
			 government.
(2) Site. To be
			 eligible for a grant, a memorial must be placed on public property. If the
			 property is not owned or controlled by the project sponsor, there must be an
			 agreement in place between the project sponsor and the public property owner
			 stating that the memorial will remain in place for at least 25 years.
(3) The project sponsor must agree in writing
			 to keep in place and maintain the memorial for at least 25 years from
			 completion of the project. If the property is not owned or controlled by the
			 project sponsor, there must be an agreement in place between the project
			 sponsor and the public property owner stating that the memorial will remain in
			 place for at least 25 years.
(4)
			 Matching Requirements. The Veterans and War Memorial Grant program provides,
			 subject to the availability of funds, for up to 80 percent funding assistance
			 with a minimum of 10 percent cash match. The project sponsor shall provide a
			 minimum 10 percent cash match. The project sponsor may provide the remaining
			 match by planning, construction, or restoration work performed following
			 project authorization.
(5)
			 Ineligible costs for grant:
(a) Overhead - The
			 regular operating expenses of either the applicant or the governmental entity
			 receiving the memorial such as rent, building upkeep, utilities, and all fixed
			 costs associated with the daily operations of a business, agency or
			 group;
(b) Overtime;
(c) Expenses for equipment or materials used
			 outside the scope of this project.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 17 - VETERANS AND WAR MEMORIAL GRANTS › Section 736-017-0025 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
			 commission has Veterans and War Memorial Grant Program funds to award, the
			 director will announce through a variety of media the availability of,
			 application procedures for, deadlines and other information for applying for a
			 grant, including whether the director has established funding priorities for
			 that funding cycle.
(2) Applicants
			 must submit a grant application to the department. Applicants may use the
			 "
Veterans and War Memorial Grant Instruction Manual
" for
			 guidance in preparing and submitting a grant application to the
			 department.
(3) A grant application
			 that contains multiple work items must be structured so that the commission may
			 award partial funding to a specific work item proposed in the grant
			 application.
Forms referenced are available from the agency.Publications:
				  Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.180(1)(d)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 17 - VETERANS AND WAR MEMORIAL GRANTS › Section 736-017-0030 - Evaluation of Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department will review eligible applications that the department receives by
			 the announced deadline for completeness. The department will provide all
			 complete, eligible applications to the committee.
(2) The committee will rank applications
			 based on the following criteria:
(a) Whether
			 the application meets the director's funding priorities for that funding
			 cycle;
(b) Whether the application
			 has demonstrated the need for the project;
(c) Whether the applicant has demonstrated
			 that adequate budget and financial controls are in place to properly administer
			 the grant; and
(d) Any other
			 criteria determined by the director prior to the announcement of the
			 availability of grant funding, and which are contained in that
			 announcement.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 17 - VETERANS AND WAR MEMORIAL GRANTS › Section 736-017-0035 - Award of Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Grants will
			 be subject to binding grant agreements between the OPRD and the Project
			 Sponsor. The grant agreement will specify the terms and conditions of the
			 grant, generally including:
(a) The total
			 project costs, the match to be provided by the Project Sponsor, and the amount
			 of the grant;
(b) A statement of
			 the work to be accomplished;
(c)
			 When the grant-assisted project may begin and a schedule for accomplishing
			 work, reporting on progress, delivering products, and project
			 completion.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 17 - VETERANS AND WAR MEMORIAL GRANTS › Section 736-017-0040 - Disbursement of Grant Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 grant funds shall be disbursed to project sponsors on a reimbursable basis
			 after submission of billings on approved schedules specified in grant
			 agreements. Project sponsor shall supply information substantiating billings if
			 requested by the department.
(2)
			 Under certain conditions such as reduction or increase of these funds an
			 emergency procedure for awarding or canceling grants may be initiated at the
			 discretion of the director.
(3) In
			 implementing the emergency procedure, the director shall consider the
			 availability of funds; the scope and need of projects available for funding;
			 and the urgency and statewide importance of prospective projects. The director
			 may propose projects to the commission for funding under this section and the
			 commission may waive other requirements of these rules for the purpose of
			 obligating funds in a timely manner.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.180(1)(d)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 17 - VETERANS AND WAR MEMORIAL GRANTS › Section 736-017-0050 - Recovery of Grant Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Project sponsors that fail to complete approved projects to the department's
			 satisfaction shall return all unexpended grant funds.
(2) Project sponsors shall maintain records
			 adequate for audit purposes for a period of not less than five years after
			 project completion and shall reimburse the department for any costs questioned
			 in audit findings.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.180(1)(d)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 18 - STATE PARK MASTER PLANNING › Section 736-018-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR
				736-018-0000 through
				736-018-0045 is to implement
				provisions of ORS 390.180 which require the
				Director of the State Parks and Recreation Department to adopt rules
				that:
(1) Establish a process for the
			 development of a master plan for each state park, including public
			 participation and coordination with affected local governments; and
(2) Establish a master plan for each state
			 park, including an assessment of resources and a determination of capacity for
			 public use and enjoyment of each park.
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 736-018-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions, and the definitions in OAR
				736-018-0020(1),
				apply to OAR 736-018-0000 through
				736-018-0045 unless the context
				requires otherwise.
(1)
			 "Administrative Site": Property owned or managed by the Department that is used
			 solely for state park administration and/or maintenance facilities. An
			 administrative site has no known outstanding resources or recreational values
			 that would support the state park system mission and role, and is not within or
			 contiguous to a state park.
(2)
			 "Affected Local Government": A city or county having land use jurisdiction
			 where a state park master plan or park use is proposed.
(3) "Commission": The Oregon State Parks and
			 Recreation Commission.
(4)
			 "Department": The Oregon State Parks and Recreation Department.
(5) "Director": The director of the Oregon
			 State Parks and Recreation Department.
(6) "Endowment Property": Department-owned
			 property which has no known outstanding resources or recreational values which
			 would support the state park system mission and role, and which is intended for
			 sale, trade, lease or donation to a different entity or for management for a
			 purpose which does not directly support the state park system mission and
			 role.
(7) "Master Plan": State park
			 master plan.
(8) "Park Use Area":
			 An area of a state park designated as one of the following: General Camping
			 Area, Group Camping Area, Day Use Area, Park Interpretation/Information Area,
			 Park Lodging Area, Park Retreat Area, Boating/Fishing Area, Swimming Beach
			 Area, or Management/Maintenance Area. These park use areas are defined in the
			 Department's "Traditional State Park Uses" list. Each park use area definition
			 includes a description of the park facilities that may be provided within the
			 park use area.
(9) "Park Visitor":
			 Any member of the public who enters a state park for the primary purpose of
			 enjoying or learning about the natural, historic or prehistoric, or scenic
			 resources associated with the park setting.
(10) "SCORP": The State Comprehensive Outdoor
			 Recreation Plan, which is the document used by the Department to identify and
			 assess Oregon outdoor recreation needs.
(11) "State Park": Any property owned or
			 managed by the Department that has been determined by the Department to have
			 outstanding natural, cultural, scenic and/or recreational resource values that
			 support the state park system mission and role. Endowment properties and
			 administrative sites are not state parks for purposes of this
			 division.
Stat. Auth.: ORS
				  390.180
Stats. Implemented: ORS
				  390.180