reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0200 - Acceptance of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department may accept monies for, but not limited to, documents, including
			 records, reports or maps pertaining to Program data, and services under this
			 division.
(2) The department may
			 apply for and accept grants, contributions and assistance from any federal,
			 state or local government agency and any foundation, individual or organization
			 for the purpose of carrying out the provisions of ORS
			 273.563 to
			 273.591.
(3) All money received by the department for
			 the purposes of this division shall be paid into the State Treasury and
			 credited to the Natural Areas Program Account.
Stat. Auth.: ORS
				  390.124(4)
Stats. Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0300 - Oregon Register of Natural Heritage Resources: Criteria for Inclusion in or Removal from the Register

Current through Register Vol. 63, No. 7, July 1, 2024
The commission must determine criteria for inclusion in the
				register to fulfill not only the definition of a natural area but the natural
				heritage resources and site considerations within the priorities and criteria
				for conservation in the Plan. The commission, department, the committee upon
				request pursuant to OAR
				736-045-0100(6)(b),
				and the Institute for Natural Resources pursuant to ORS
				352.808(2)(g)
				will use the following criteria in evaluating a candidate natural area proposed
				for inclusion in or removal from the Register:
(1) The priority for protection in the plan
			 of the primary natural heritage resources objective and other natural heritage
			 resources in the candidate natural area;
(2) Whether the natural heritage resource
			 occurrence(s) is an adequate representative of the type; or whether the site
			 can feasibly be restored to provide adequate representation of the ecosystem
			 type, including habitat for at-risk species;
(3) The extent to which each natural heritage
			 resource has retained its natural character, and processes
i.e
., a measurement of the degree of human-caused disturbance;
			 or, the degree of feasibility of restoring the target natural character and
			 processes;
(4) The health and
			 viability of the natural heritage resource occurrence(s),
i.e.
, the ability of each natural heritage resource occurrence
			 to perpetuate itself or its natural sequence of development in the candidate
			 natural area;
(5) The number of
			 natural heritage resources that will be adequately represented in the candidate
			 natural area;
(6) The degree of
			 uniqueness and educational and natural interpretation values of a geologic
			 resource(s);
(7) The priority of
			 protection given in the plan to each special species of plant or
			 animal;
(8) The contribution the
			 particular candidate natural area will make to the protection of the special
			 species;
(9) Manageability,
i.e
., the capability of the candidate natural area to be
			 managed to protect and maintain the natural values, as well as to make it
			 available and useful for its designated purposes;
(10) Whether there are alternative methods of
			 accomplishing the same purposes of this division; and
(11) The cost effectiveness of including a
			 candidate natural area in the register.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591 &
				  352.808(2)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0305 - Oregon Register of Natural Heritage Resources: Procedures for Registering

Current through Register Vol. 63, No. 7, July 1, 2024
The department and the Institute for Natural Resources will
				review and provide recommendations on proposals for registration and dedication
				of natural areas for the register, together with field evaluation, maps and
				sufficient data to complete the register file. Pursuant to OAR
				736-045-0100(6)(b),
				the director may also request that the committee review a nomination for the
				register.
(1) A proposal for the
			 register of private land shall include the written permission for registration
			 of the landowner.
(2) The
			 department shall share the proposed plan with the county assessor for the
			 appropriate county;
(3) The
			 commission may place a natural area onto the register or remove a natural area
			 from the register. The department will provide recommendation to the commission
			 for its consideration.
(4) A
			 voluntary management agreement may be developed between the department and a
			 private landowner or agency of a natural area on the register. When the
			 department determines a candidate natural area is not yet an adequate
			 representative of the target element and the area is proposed for or undergoing
			 active restoration, the department will require a basic management plan as a
			 component of the registration petition. The management plan shall outline
			 threats to maintaining or achieving target element representation, as well as
			 the methods of protecting or restoring them and their natural ecological
			 processes. The management plan shall include activities to be encouraged,
			 allowed or proscribed, and options for management agreements involving outside
			 parties.
(5) The commission may
			 provisionally register a site proposed for or under active restoration that
			 does not yet adequately represent the target element(s). As a condition of the
			 commission's provisional registration, the land owner shall provide a detailed
			 management plan to the department or committee (if convened) to assess and
			 approve. This detailed management plan may build upon or replace the basic
			 management plan required as a condition of proposal for provisional
			 registration under 736-045-0305
			 (4) and shall include metrics of restoration
			 success. Owners of land provisionally registered under this section have five
			 years to pursue restoration; thereafter, the department will reevaluate the
			 registration using the restoration metrics included in the detailed management
			 plan to assess restoration success and provide a recommendation to the
			 commission during the reevaluation. The commission may:
(a) Fully register the provisional site if it
			 provides adequate representation of the ecosystem(s), or
(b) If the provisional site does not provide
			 adequate representation of the ecosystem element(s):
(A) Renew the provisional registration,
			 or
(B) Terminate the
			 registration.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0310 - Oregon Register of Natural Heritage Resources: Register File

Current through Register Vol. 63, No. 7, July 1, 2024
The register may include file(s) of registered state natural
				areas or state natural area reserves:
(1) The file may include name of a state
			 natural area, location, size, ownership, register category, and principal
			 natural heritage resource(s) and special species. The card file may be cross
			 referenced by county and principal resource.
(2) The file may include:
(a) Data form - comprehensive information
			 compiled for each state natural area;
(b) Instrument of dedication or other
			 documents certifying official dedication;
(c) Consent form - written permission for
			 registration for a state natural areas on private land;
(d) Supportive data - includes maps,
			 photographs, remote sensing imagery, species lists, field notes, reports,
			 research papers, and references to other information available;
(e) Cross references to the data bank
			 maintained by the Institute for Natural Resources pursuant to ORS
			 352.808(2);
(f) Implementation data - includes any
			 management agreement or plan, monitoring data results of reviews of provisional
			 registrations; and
(g) Summary
			 sheet - a map and one page summary of information about each area which can be
			 duplicated and circulated to appropriate authorities.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0320 - Location and Maintenance of Register

Current through Register Vol. 63, No. 7, July 1, 2024
The department will maintain the Oregon Register of Natural
				Areas at the department's office in Salem, OR.
Stat. Auth.: ORS
				  390.124(4)
Stats. Implemented: ORS
				  273.581(1)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0330 - Register Review

Current through Register Vol. 63, No. 7, July 1, 2024
The department may review and update the Register every five
				years.
Stat. Auth.: ORS
				  390.124(4)
Stats. Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0340 - Oregon Register of Natural Heritage Resources: Register Withdrawal

Current through Register Vol. 63, No. 7, July 1, 2024
The commission may remove natural areas from the register. The
				commission will consider ORS
				273.586(4) and
				the factors in OAR 736-045-0300,
				736-045-0405(1)(d) and
				(7) in removing a state natural area or state
				natural area reserve from the register.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.581(4)
				  & 273.586(4).
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0400 - Dedication and Management of a State Natural Area (Reserve): Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose and scope of dedication is to establish and
				maintain the integrity of the plan, and the program, by means of written formal
				recognition and protection of a natural area of land, water, or both land and
				water for natural heritage conservation purposes.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0405 - Dedication and Management of a State Natural Area (Reserve): Instruments of Dedication

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Private
			 dedication - a private individual or organization that is the owner of any
			 registered natural area may voluntarily agree to dedicate that area as a state
			 natural area by executing with the department, an instrument of dedication.
			 Instrument provisions and policies include, but are not limited to, the
			 following:
(a) An agreement that provides each
			 natural heritage resource in the state natural area with the most secure
			 protection obtainable;
(b) An
			 unlimited period of time, or a term sufficiently long to warrant dedication
			 protection;
(c) Permission for
			 conducting scientific research and other activities shall be commensurate with
			 program objectives; and
(d)
			 Termination of dedication may occur upon written notification to the
			 commission, including specific reasons for termination, and provision by the
			 commission of opportunity for adequate public notice and hearing.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0410 - Dedication and Management of a State Natural Area (Reserve): Publicity

Current through Register Vol. 63, No. 7, July 1, 2024
The department and the Institute for Natural Resources may
				develop and make available to private landowners, researchers, agencies and
				interested persons information about a state natural area or state natural area
				reserve and appropriate descriptive material. However, the department and the
				Institute for Natural Resources will avoid publicity which would tend to
				encourage the general public to visit a state natural area or state natural
				area reserve in greater numbers than its carrying capacity.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591 &
				  352.808(2)(f).
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0412 - Dedication and Management of a State Natural Area (Reserve): Reports

Current through Register Vol. 63, No. 7, July 1, 2024
At regular intervals the department may make or cause to be
				made a record of management activities and other influences affecting each
				state natural area and state natural area reserve.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0414 - Dedication and Management of a State Natural Area (Reserve): Instruments

Current through Register Vol. 63, No. 7, July 1, 2024
The instruments of dedication shall include, but not be limited
				to, the following:
(1) The size,
			 location, purpose, and resources of the state natural area or state natural
			 area reserve;
(2) A management
			 scheme written for each state natural area or state natural area reserve which
			 describes:
(a) The conservation objective of
			 the area;
(b) Proscribed, allowed
			 and prohibited activities on the area; and
(c) Provisions as consistent as possible with
			 OAR 736-045-0410 through
			 736-045-0448, which, unless
			 otherwise noted, are a part of each management scheme.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0416 - Dedication and Management of a State Natural Area (Reserve): State Natural Area Manager

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding the instruments of dedication, managers of
				state natural areas or state natural area reserves shall not take any action or
				fail to take any action that is in conflict with an applicable statute, rule,
				regulation or policy relating to an agency having an interest in or
				responsibility for the state natural area or state natural area reserve.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0418 - Dedication and Management of a State Natural Area (Reserve): Fire

Current through Register Vol. 63, No. 7, July 1, 2024
Prescribed fire may only be used as a management tool in such
				areas or situations where fire is needed to maintain or protect a state natural
				area or state natural area reserve as an ecosystem type specified in the
				management scheme.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0420 - Dedication and Management of a State Natural Area (Reserve): Water Level Control

Current through Register Vol. 63, No. 7, July 1, 2024
Agencies shall manage state natural areas and the department
				shall manage state natural area reserves to maintain their natural water
				levels. Water levels which have previously been altered by man may be changed
				if provided for in the management scheme as essential for the restoration of
				natural conditions.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0422 - Dedication and Management of a State Natural Area (Reserve): Disturbance of Natural Features

Current through Register Vol. 63, No. 7, July 1, 2024
The management of state natural area and state natural area
				reserves shall not include the cutting or removal of vegetation or the
				disturbance of other natural features, except that which is essential to carry
				out the management scheme enumerated in this division.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0424 - Dedication and Management of a State Natural Area (Reserve): Visitor Protection

Current through Register Vol. 63, No. 7, July 1, 2024
Owners of land may provide guard rails, fences, steps, and
				bridges when essential to the safety of a reasonable alert and cautious
				visitor.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0426 - Dedication and Management of a State Natural Area (Reserve): Erosion Control

Current through Register Vol. 63, No. 7, July 1, 2024
Erosion and soil deposition due to disturbances of natural
				conditions by man within or outside a state natural area or state natural area
				reserve may be controlled as provided in the management scheme.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0428 - Dedication and Management of a State Natural Area (Reserve): Scenic or Landscape Management

Current through Register Vol. 63, No. 7, July 1, 2024
No measures or actions shall be taken to alter the natural
				growth or features of a state natural area or state natural area reserve for
				the purpose of enhancing its neatness, beauty, or amenities.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0430 - Dedication and Management of a State Natural Area (Reserve): Control of Succession

Current through Register Vol. 63, No. 7, July 1, 2024
Control of succession may be undertaken only if maintenance or
				restoration of a particular ecosystem type or preservation of threatened or
				endangered species is designated in the instruments of dedication as an
				objective of the state natural area or state natural area reserve. Based on
				scientific evidence of necessity, successional control measures may be
				undertaken as provided in the management scheme. Such measures shall be applied
				with caution and only to that part of the area as is necessary.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0432 - Dedication and Management of a State Natural Area (Reserve): Control of Introduced Plant Species

Current through Register Vol. 63, No. 7, July 1, 2024
Control of introduced plant species may be undertaken as
				provided in the management scheme.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0434 - Dedication and Management of a State Natural Area (Reserve): Control of Wildlife Populations

Current through Register Vol. 63, No. 7, July 1, 2024
The control of wildlife populations on state natural areas and
				state natural area reserves shall be by agreements between the commission and
				Oregon Department of Fish and Wildlife, or other agency. As far as practical,
				any control measures shall be to correct those situations where wildlife
				populations are significantly affecting natural conditions on a state natural
				area or state natural area reserve.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 - ORS
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0436 - Dedication and Management of a State Natural Area (Reserve): Introduction and Management of Special Species

Current through Register Vol. 63, No. 7, July 1, 2024
The introduction into or the management of a state natural area
				or state natural area reserve for special wildlife species shall be by
				agreement between the commission and the Oregon Department of Fish and
				Wildlife, Oregon Department of Agriculture or other agency as provided in the
				management scheme.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0438 - Dedication and Management of a State Natural Area (Reserve): Use Tolerance

Current through Register Vol. 63, No. 7, July 1, 2024
The management scheme shall set forth the use tolerance or
				durability of all or any portion of a state natural area or state natural area
				reserve and specify the steps to be taken if overuse occurs.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0440 - Dedication and Management of a State Natural Area (Reserve): Collecting Permits

Current through Register Vol. 63, No. 7, July 1, 2024
A person wishing to collect material from a site for the
				purposes of research, education or restoration within a state natural area or
				state natural area reserve shall secure written permission from:
(1) The department;
(2) The owner of the land; and
(3) The appropriate agency if any, including
			 but not limited to the Oregon Department of Fish and Wildlife.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0442 - Dedication and Management of a State Natural Area (Reserve): Boundary Markers

Current through Register Vol. 63, No. 7, July 1, 2024
When feasible, boundaries of a state natural area or state
				natural area reserve may be made evident by placing markers at corners or other
				strategic locations or by boundary signs.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0444 - Dedication and Management of a State Natural Area (Reserve): Fences

Current through Register Vol. 63, No. 7, July 1, 2024
Fences and barriers may be installed as provided in the
				management scheme.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0446 - Dedication and Management of a State Natural Area (Reserve): Trails

Current through Register Vol. 63, No. 7, July 1, 2024
The location and specifications of any trails may be
				established in the management scheme. Trails shall be adequate to provide for
				allowed use of a state natural area or state natural area reserve, but
				otherwise kept to a minimum. The use of paving materials, footbridges and
				elevated walks may be allowed when necessary.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0448 - Dedication and Management of a State Natural Area (Reserve): Other Structures and Improvements

Current through Register Vol. 63, No. 7, July 1, 2024
Signs and temporary research installations may be permitted
				within a state natural area or state natural area reserve. No other structures
				or facilities shall be located within a state natural area or state natural
				area reserve except as provided in the management scheme or this
				division.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0500 - Dedication and Management of a State Natural Area (Reserve): Amendments

Current through Register Vol. 63, No. 7, July 1, 2024
The commission may review and approve or disapprove any
				modification to the plan submitted by the department.
Statutory/Other Authority: ORS
				  390.124(4)
Statutes/Other Implemented: ORS
				  273.578(2)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0505 - Dedication and Management of a State Natural Area (Reserve): Waiver of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The commission may waive all or any part of this division that
				would prevent the establishment, management, or protection of a state natural
				area or state natural area reserve if such rule is in conflict with an
				applicable statute, rule, regulation, or policy relating to an agency having an
				interest in or responsibility for the state natural area or the department
				interest in or responsibility for the state natural area reserve.
Statutory/Other Authority: ORS
				  390.124
Statutes/Other Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0001 - Authority, Purpose and Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority: The authority for this rule is granted to the State Historic
			 Preservation Officer in accordance with ORS
			 358.545.
(2) Purpose: These rules clarify the
			 statutory requirement for participation in the Special Assessment of Historic
			 Property program as provided in ORS
			 358.480 to
			 358.545.
(3) Policy: One of the goals of the State
			 Historic Preservation Officer is to maintain, preserve and rehabilitate
			 properties of Oregon historical significance through historic preservation
			 incentive programs, thereby creating a positive partnership between the public
			 good and private property that promotes economic development, tourism, energy
			 and resource conservation, neighborhood, downtown, and rural revitalization,
			 efficient use of public infrastructure, and civic pride in our shared
			 historical and cultural foundations.
Stat. Auth.: ORS
				  358.545
Stats. Implemented: ORS
				  358.480 -
				  358.545
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0100 - Special Assessment of Historic Property

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 358.480 to
				358.545 provide the process for
				applying for a special assessment of historic property.
Stat. Auth.: ORS
				  358.545
Stats. Implemented: ORS
				  358.487
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this division, unless the context requires
				otherwise:
(1) "Continuing
			 Qualification Review" means a review of a property special assessment by SHPO
			 in response to a request by a county assessor, local landmark commission or
			 governing body to determine if the property continues to qualify for a special
			 assessment.
(2) "National Register"
			 means the National Register of Historic Places maintained by the United States
			 Department of the Interior.
(3)
			 "Preservation Plan" is defined in ORS
			 358.480(16).
(4) "SHPO" means the State Historic
			 Preservation Officer appointed by the Governor pursuant to ORS
			 358.565 or the State Historic
			 Preservation Office, depending on the context.
Stat. Auth.: ORS
				  358.545
Stats. Implemented: ORS
				  358.480
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0112 - Requirement for Owner Expenditure

Current through Register Vol. 63, No. 7, July 1, 2024
Under ORS
				358.487(2)(a)
				the 10 percent expenditure requirement can include the value of donated
				materials, labor and/or services, provided the SHPO is satisfied there is
				legitimate justification for the values claimed.
Stat. Auth.: ORS
				  358.545
Stats. Implemented: ORS
				  358.487
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0120 - Owner and SHPO Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner of specially-assessed property
			 is responsible for maintaining the property in good condition. Noticeable
			 deterioration of a property, or a failure to complete rehabilitation or other
			 work required in a Preservation Plan during the time period designated, unless
			 otherwise amended, may be sufficient cause for the SHPO to seek mandatory
			 remedial action and/or to initiate removal of the property's special assessment
			 pursuant to OAR 736-050-0135.
(2) An owner of specially assessed property
			 is responsible for providing the SHPO with a current mailing address and other
			 contact information.
(3) The SHPO
			 shall monitor owner compliance with program requirements by requesting such
			 information from owners as is directly related to matters set forth in ORS
			 358.475 to
			 358.545 or in this division. If
			 an owner does not respond to the request by providing the required information
			 within the specified time, the SHPO may seek mandatory remedial action and/or
			 initiate removal of the property's special assessment pursuant to OAR
			 736-050-0135.
(4) Participants who entered the program
			 prior to September 28, 2009:
(a) Must submit
			 Preservation Plan updates to the SHPO in the 5th, 10th and 14th year of the
			 15-year benefit period in lieu of the reporting schedule in ORS
			 358.500(1);
			 and
(b) Are exempt from the
			 requirement to submit a report by the end of the fifth year demonstrating
			 compliance with the expenditure commitment under the Preservation Plan as
			 described in ORS 358.487(2)(a).
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0125 - Changes and Alterations to Properties Approved for Special Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 358.565, the SHPO delegates
			 special assessment application and design review approval authority to the
			 Deputy State Historic Preservation Officer (DSHPO). The DSHPO shall rely on the
			 expertise of qualified staff in making program decisions.
(2) Owners shall apply in writing on forms
			 provided by the SHPO or the governing body, whichever is appropriate, for
			 review and written approval before undertaking any work on specially-assessed
			 property.
(3) Additional material
			 may include photos, drawings, as well as product and work
			 descriptions.
(4) A change
			 permissible in one circumstance does not necessarily constitute justification
			 or a precedent for a similar change in another circumstance. The SHPO shall
			 evaluate proposed changes on a case-by-case basis.
(5) Governing bodies approved by the SHPO for
			 conducting historic reviews must have:
(a) A
			 historic preservation ordinance or historic design guidelines based on the
			 historic rehabilitation standards, as defined in ORS
			 358.480(12);
			 and
(b) Demonstrated expertise
			 interpreting and implementing the historic rehabilitation standards.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0135 - Removal of Special Assessments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The SHPO may investigate a property's
			 continued qualification for special assessment by its own initiative or at the
			 request of other parties as described in ORS
			 358.509. SHPO may contact the
			 property owner informally to determine the basic merits of the
			 concerns.
(2) If changes to the
			 property have been approved by the local governing body in accordance with ORS
			 358.500(4) and
			 are part of the approved Preservation Plan, then SHPO cannot disqualify the
			 property, and no further investigation will be pursued.
(3) If, in the opinion of SHPO, further
			 investigation is warranted, SHPO shall contact the property owner in a timely
			 manner by certified letter to request a report as authorized by ORS
			 358.500(3),
			 and, if deemed appropriate, a site inspection. The letter shall include:
(a) Property identification;
(b) Reason for request of
			 information;
(c) Request for a
			 detailed response; and
(d)
			 Information on appeal process.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0140 - Appeal Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Historic
			 Assessment Review Committee (HARC) is the appeals body for all decisions made
			 by the SHPO. The HARC will establish procedures for an appeal.
(2) An owner may appeal a ruling by
			 requesting a contested case hearing pursuant to the provisions of ORS
			 183.411 to
			 183.425 and
			 183.440 to
			 183.470. A contested case
			 hearing requestmust be filed no later than 30 calendar days after the date a
			 decision is served by the HARC.
Stat. Auth.: ORS
				  358.545
Stats. Implemented: ORS
				  358.545
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These sections of Chapter 736, Oregon Administrative Rules
				establish:
(1) Organization and duties
			 of the State Advisory Committee on Historic Preservation.
(2) State Historic Preservation Office staff
			 responsibilities to the Committee and procedures for conducting the National
			 Register of Historic Places program.
(3) Procedures for Committee review and
			 approval of nominations to the National Register.
(4) Procedures relating to the Committee and
			 conflict-of- interest.
Stat. Auth.: ORS
				  358.617
Stats. Implemented: ORS
				  358.617
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0210 - Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 358.617 requires the State
				Historic Preservation Officer to adopt rules to carry out the duties and
				functions of the officer, including rules governing cultural resource
				management programs.
Stat. Auth.: ORS
				  358.617
Stats. Implemented: ORS
				  358.617
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0220 - State Advisory Committee on Historic Preservation: Federal Requirements and Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The National
			 Historic Preservation Act of 1966, as amended, (54 USC §
									300101 et seq.) (Act), specifies basic
			 requirements for state historic preservation programs. The requirements and
			 responsibilities listed in the Act are incorporated into federal rule, 36 CFR
			 Part 60 (2020 edition) and 36 CFR Part 61 (2020 edition), which are hereby
			 adopted by reference into OAR
			 736-050-0230 to OAR
			 736-050-0270.
(2) The Oregon State Historic Preservation
			 Office must construe OAR
			 736-050-0230 to OAR
			 736-050-0270 to effectuate the
			 purposes and implement the provisions of the Act and its implementing rules.
			 The public policy specifically includes affording each owner of private
			 property within the boundary of a building, district, object, site, or
			 structure, as defined in
			 36
			 CFR §
									60.3(a), (d), (j), (l), and
			 (p) (2020) nominated to the National Register
			 of Historic Places (National Register) a single opportunity to object to
			 listing the property in the National Register regardless of how many properties
			 or what part of one property that person owns as provided in
			 36
			 CFR §
									60.6(g)
			 (2020).
(3) The Oregon State
			 Historic Preservation Office identifies and nominates properties to the
			 National Register that represent the full breadth of Oregon's history and the
			 contributions of the state's diverse communities.
Statutory/Other Authority: ORS
				  358.617
Statutes/Other Implemented: ORS
				  358.605
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0240 - State Advisory Committee on Historic Preservation: Organization and Duties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The SHPO may
			 delegate authority under this division to the Deputy SHPO or the Associate
			 Deputy SHPO.
(2) The Governor
			 appoints committee members as described in ORS
			 358.622.
(3) Committee members appointed to fill
			 unexpired terms serve for the remainder of the term of the vacating
			 member.
(4) Committee members may
			 serve no more than two consecutive terms of appointment unless the Governor
			 approves another consecutive term. A committee member appointed under section
			 (3) may be considered for reappointment for two, full consecutive terms as
			 described in section (4). A committee member may serve beyond an appointed term
			 until the Governor appoints a replacement.
(5) The SHPO must nominate a chairperson and
			 vice chairperson to the Governor for consideration. The Governor appoints the
			 chairperson and vice chairperson for a two-year term or until the end of their
			 second, full consecutive term, whichever occurs first. The chairperson and vice
			 chairperson may serve consecutively in either role through their terms. The
			 chairperson and vice chairperson may serve beyond their appointed term as chair
			 and vice chair until the Governor appoints a replacement.
(6) The chairperson conducts committee
			 meetings. The vice chairperson must fulfill this role when the chairperson is
			 unavailable. The SHPO must appoint a committee member to conduct the meeting
			 when the chairperson and vice chairperson are both unavailable.
(7) The committee may define additional
			 responsibilities for the chairperson and vice chairperson.
(8) A committee member may resign by
			 submitting a written resignation letter to the Governor, chairperson, and SHPO.
			 The chairperson may resign by submitting a written resignation letter to the
			 Governor and the SHPO.
(9) The SHPO
			 must request that the Governor remove a committee member absent for two
			 consecutive meetings without prior permission from the chairperson or, in the
			 absence of the chairperson, the vice chairperson.
(10) The committee must carry out the duties
			 described under
			 36 CFR §
									61.4(f)(6) (2020) and ORS
			 358.622; and
(a) Meet at least three times
			 annually;
(b) Review National
			 Register nomination forms submitted to the committee by the SHPO for review as
			 provided in OAR 736-050-0260;
(c) Review and make recommendations to the
			 SHPO on the Oregon State Historic Preservation Plan, and provide advice on
			 comprehensive historic preservation planning processes; and
(d) Perform other duties as requested by the
			 SHPO.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0250 - State Advisory Committee on Historic Preservation: Staff Activities Relating to the National Register Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The SHPO may delegate authority under
			 this division to the Deputy SHPO, the Associate Deputy SHPO, the National
			 Register Program Coordinator, or other Oregon SHPO staff.
(2) The SHPO must appoint a National Register
			 Program Coordinator to administer the state's National Register of Historic
			 Places program.
(3) Upon request of
			 the receiving party, the Oregon SHPO must make available an un-redacted,
			 complete copy of a National Register nomination form to the federal planning
			 agency, owner(s), CLG, and chief elected official as described in
			 36
			 CFR §
									60.6(x) (2020),
			 and a copy to the proponent, public, and Tribes subject to the provisions of
			 sections (9) and (10) at any time.
(4) The Oregon SHPO may provide notice to
			 owners by public press release or other means in place of written notice when
			 there are more than 50 owners, except for the public comment period notice
			 described in paragraphs 11(a)(C) and (D), and 18(f)(C).
(5) A proponent may submit a National
			 Register nomination form regardless of ownership status to the SHPO, the
			 federal preservation officer for the appropriate federal agency if the property
			 is entirely located on federally-administered lands, or Tribal Historic
			 Preservation Officer for the appropriate Tribe if the property is entirely
			 located on trust land.
(6) A Tribe
			 may request government-to-government consultation with the Oregon SHPO at any
			 time.
(7) The Oregon SHPO must
			 provide a written response to a proponent seeking to amend a National Register
			 nomination form for a historic property or to nominate a property to the
			 National Register within 60 calendar days of receipt and within 45 calendar
			 days of receipt for a petition to remove a historic property from the National
			 Register stating whether the National Register nomination form is:
(a) Adequately documented;
(b) Technically and professionally correct
			 and sufficient; and
(c)
			 Demonstrates that the property does or does not meet the National Register
			 criteria for evaluation.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0260 - State Advisory Committee on Historic Preservation: Committee Procedures for Review and Approval of Nominations to the National Register

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The committee
			 must review all National Register nomination forms except for those prepared
			 under OAR 736-050-0250(19)(a)(A) to
			 (E) and when a CLG objects to a National
			 Register nomination form as provided under OAR
			 736-050-0250(13).
(2) The committee must make a recommendation
			 to the SHPO whether the National Register nomination form meets the following
			 criteria:
(a) All procedural requirements are
			 met;
(b) The National Register
			 nomination form is adequately documented;
(c) The National Register nomination form is
			 technically and professionally correct and sufficient; and
(d) The National Register nomination form
			 demonstrates that the nominated property meets the National Register criteria
			 for evaluation.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 50 - HISTORIC PRESERVATION OFFICER › Section 736-050-0270 - State Advisory Committee on Preservation: Incorporation of Publications by Reference and Effective Date of Rule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The publication(s) referred to or
			 incorporated by reference in OAR
			 736-050-0220 through OAR
			 736-050-0270 are available from
			 the Oregon SHPO.
(2) This division
			 adopts by reference the following publications of the National Park Service:
			 "The National Register of Historic Places Regulations ( 36 CFR Part 60): A
			 Brief History and Annotated Guide," August 2012; "Historic Preservation Fund
			 Grant Manual" (June 2007); National Register Bulletin 15, "How to Apply the
			 National Register Criteria for Evaluation" (1995); National Register Bulletin
			 16A, "How to Complete the National Register Form" (1997); National Register
			 Bulletin 16B, "How to Complete the National Register Multiple Documentation
			 Form" (1999); National Register Bulletin 21 and 12, "Defining Boundaries for
			 National Register Properties" (1997); and "Preparing National Register
			 Nominations in Oregon" (2021), published by the Oregon SHPO.
(3) OAR
			 736-050-0220 through OAR
			 736-050-0270 are effective upon
			 filing of the rule with the Secretary of State.
(4) OAR
			 736-050-0250(15)(c)(B),
			 OAR 736-050-0250(18)(e),
			 and OAR 736-050-0250(18)(f)(B)
			 are not applicable to National Register forms submitted before the effective
			 date of this division.
Statutory/Other Authority: ORS
				  358.617
Statutes/Other Implemented: ORS
				  358.605
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 51 - ARCHAEOLOGICAL PERMITS › Section 736-051-0000 - Dispute Resolution Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 736-051-0000 through
			 736-041-0050 establish procedures the Oregon Parks and Recreation Department
			 shall use in resolving a dispute over:
(a)
			 The issuance of an archaeological permit pursuant to ORS
			 390.235;
(b) Curation facilities for archaeological
			 objects uncovered pursuant to a permit issued under ORS
			 390.235;
(c) The disposition of human remains,
			 associated material objects, or funerary objects as identified in ORS
			 97.750.