reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0020 - Recreation Use Standards

Current through Register Vol. 63, No. 7, July 1, 2024
The following recreation use standards shall be applied, where
				applicable, to each application for an ocean shore permit.
(1) Recreation Use -- The project shall not
			 be a detriment to public recreation use opportunities within the ocean shore
			 area except in those cases where it is determined necessary or legally required
			 to protect sensitive biological resources such as state or federally listed
			 species.
(2) Recreation Access --
			 The project shall avoid blocking off or obstructing public access routes within
			 the ocean shore area except in those cases where it is determined necessary or
			 legally required to protect sensitive biological resources such as state or
			 federally listed species.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.605 - ORS
				  390.770 & ORS
				  390.990 - ORS
				  390.995
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0025 - Safety Standards

Current through Register Vol. 63, No. 7, July 1, 2024
The project shall be designed to avoid or minimize safety
				hazards to the public and shoreline properties. The following safety standards
				shall be applied, where applicable, to each application for an ocean shore
				permit.
(1) Structural Safety -- The
			 project shall not be a safety hazard to the public due to inadequate structural
			 foundations, lack of bank stability, or the use of weak materials subject to
			 rapid ocean damage.
(2)
			 Obstructional Hazards -- The project shall minimize obstructions to pedestrians
			 or vehicles going onto or along the ocean shore area.
(3) Neighboring Properties -- The project
			 shall be designed to avoid or minimize ocean erosion or safety problems for
			 neighboring properties.
(4)
			 Property Protection -- Beachfront property protection projects shall be
			 designed to accomplish a reasonable degree of increased safety for the on-shore
			 property to be protected.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.605 - ORS
				  390.770 & ORS
				  390.990 - ORS
				  390.995
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0030 - Natural and Cultural Resource Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Projects on the ocean shore shall avoid
			 or minimize damage to the following natural resources, habitat, or ocean shore
			 conditions, and where applicable, shall not violate state standards:
(a) Fish and wildlife resources including
			 rare, threatened or endangered species and fish and wildlife
			 habitats.
(b) Estuarine values and
			 navigation interests.
(c) Historic,
			 cultural and archeological sites.
(d) Natural areas (vegetation or aquatic
			 features).
(e) Air and water
			 quality of the ocean shore area.
(f) Areas of geologic interest, fossil beds,
			 ancient forest remnants.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0032 - Permit Conditions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 permits issued under these division 20 rules may be conditioned to avoid,
			 minimize or mitigate impact to the ocean shore, assure public safety, preserve
			 the natural, scenic, recreational and economic values of the ocean shore and
			 require the applicant to comply with the rules of other federal, state, and
			 local agencies with jurisdiction over the permitted activity.
(2) The following conditions shall apply to
			 any permit for a project authorized by the Department under ORS
			 390.640,
			 390.715, or
			 390.725.
(a) Permittee shall agree to save and hold
			 harmless the State of Oregon, the Commission, and its members, and all
			 officers, agents and employees of the Department, from any claim, suit or
			 action whatsoever for damages to property, or injury or death to any person or
			 persons due to negligence of permittee, its or their officers, agents or
			 employees, and arising out of the performance of any work or project covered by
			 the granting of a permit.
(b) In no
			 event shall the issuance of any permit hereunder be construed as a sale, lease,
			 granting of easement or any form of conveyance of the state recreational area,
			 ocean shore or submerged lands.
(c)
			 As a condition to the granting of a permit hereunder, the Department may, in
			 its discretion, require the permittee to provide a cash or performance bond in
			 an amount sufficient to assure full compliance with the terms of the
			 permit.
(d) The duration of any
			 permit granted hereunder shall be solely within the discretion of the
			 Department. The Director may revoke, suspend or not renew an ocean shore permit
			 only after giving notice and opportunity for a hearing as provided in ORS
			 183.415 to
			 183.430,
			 183.440 to
			 183.460, and
			 183.470.
(e) The permittee shall comply with the
			 provisions of ORS 390.235 through
			 390.240,
			 358.905 through
			 358.955, and OAR
			 736-051-0060 through
			 736-051-0090 as these statutes
			 and other statutes and rules affect the discovery, excavation, salvage, removal
			 and disposition of archaeological resources and the permitting requirements for
			 these activities as they affect archaeological sites on public and private
			 land.
(f) If, during the period
			 covered by any permit, the permittee shall fail to comply with the conditions
			 provided herein and otherwise imposed by the Department, the Department shall
			 exercise its authority under ORS
			 390.663, and the provisions of
			 OAR 736-020-0100 to cease any
			 further activity by the permittee on the ocean shore except as directed by the
			 Department. In such circumstances, the Department may assess a civil penalty
			 according to the provisions of OAR
			 736-080-0005 through
			 736-080-0070.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0035 - Natural Product Removal from the Ocean Shore: Exceptions, Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance
			 with ORS 390.725, natural products of the
			 ocean shore, such as agates, small amounts of marine algae, driftwood or
			 souvenirs of the ocean shore, may be taken by any person, for their own,
			 noncommercial use, from the State recreation areas as described by ORS
			 390.635, without a permit,
			 except that no person shall collect any amount of natural product of the ocean
			 shore where prohibited by state or federal regulation or right of private
			 ownership.
(2) Each natural product
			 removal permit issued by the Department shall specify an amount and/or form of
			 just compensation to be paid by the permittee. At the Department's discretion,
			 just compensation may be comprised of any combination of the following:
(a) A flat fee ;
(b) A flat fee plus reporting requirements as
			 specified by the Department;
(c) A
			 percentage, not to exceed three percent, of the applicant's gross revenues
			 resulting from the sale of the ocean shore product;
(d) A fee rate per measure, such as weight or
			 volume, not to exceed three percent of the applicant's gross revenues resulting
			 from the sale of the ocean shore product;
(e) Administrative costs to the State of
			 processing the application, issuing the permit, and monitoring the project for
			 permit compliance.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0040 - Pipelines or Conduits Under Ocean Shore: Policy, Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 390.610(4), it
			 is the policy of the Department to prohibit the use of the ocean shore as a
			 north-south utility, communication, transshipment or conveyance corridor. This
			 prohibition applies to pipelines, conduits, cables, wires, towers,
			 transmission, relay or booster stations and other continuous or intermittent
			 facilities for moving material or services, or transmitting data, information,
			 energy, or other commodity whether for private or public use or benefit. The
			 Department, in its discretion, may make exceptions to this policy in cases of
			 emergency or when need is demonstrated for the project to occur on and alter
			 the ocean shore. Need is demonstrated when practicable alternatives are not
			 available. Benefit to the citizens of Oregon, as a whole, shall be a primary
			 consideration in any decision by the Department to grant an exception to this
			 policy. Cost shall not be the sole reason that an alternative is determined to
			 be not available. For purposes of this section:
(a) North-south means a geographic
			 orientation along the beach, or in a heading roughly parallel to the ocean,
			 despite localized direction changes, or longitudinally along the beach as
			 opposed to laterally across the beach from surf to land. The intent of the term
			 north-south does not imply an order of travel, transmission or conveyance and
			 is interchangable with south-north for the purposes of this rule.
(b) Available means any one, or combination,
			 of the following:
(A) The technology,
			 expertise, and equipment exist and are available in the market place, to
			 engineer, design and install a comparable facility in an upland site;
(B) The same, a similar, or comparable
			 facility, has been successfully constructed elsewhere in a non-ocean shore
			 environment;
(C) Per unit costs of
			 an alternative are reasonably comparable with the range of per unit costs of
			 similar facilities constructed in comparable environments elsewhere.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0050 - Eligibility for Emergency Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In accordance with ORS
			 390.650(6), an
			 emergency permit for a new improvement or alteration may be issued, unless
			 otherwise prohibited by law, to provide immediate and temporary protection
			 where property is in imminent peril of being destroyed or damaged by action of
			 the Pacific Ocean or waters of a bay or river, landslide, or other natural
			 disaster. Said permit may be granted by the Department prior to the Ocean Shore
			 Improvement Permit process required under ORS
			 390.650(1), (2), (3), (4), and
			 (5).
(2) "Property" shall be defined as an upland
			 building, road, street, highway, sewer or water line, or other infrastructure
			 improvement.
(3) "Imminent Peril"
			 shall be defined as a situation in which property is likely to be severely
			 damaged or destroyed by action of the Pacific Ocean or waters of a bay or
			 river, or by landslide or other natural disaster, and where such damage would
			 be likely to occur prior to the time required for approval of an Ocean Shore
			 Improvement Permit.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.124
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0060 - Review and Issuance of Emergency Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon inspection of the site by a
			 Department employee or authorized representative of the Department, an
			 emergency permit may be issued, written or oral, by an employee specifically
			 designated by the Director to issue an Ocean Shore Permit. Any emergency permit
			 granted orally shall be reduced to writing by the Department within 10 days. An
			 emergency permit shall name the property owner of record and the applicant, if
			 other than the property owner, and list required conditions.
(2) In accordance with Statewide Planning
			 Goal #18, Beaches and Dunes, emergency permits for beachfront protective
			 structures may be issued only where development existed on January 1, 1977, or
			 where an exception to this Goal 18 implementation requirement has been approved
			 by the appropriate local jurisdiction.
(3) Prior to issuance of an emergency permit,
			 the Department shall contact the local government to describe the proposed
			 emergency measures and obtain certification that the proposed measures are in
			 compliance with the local comprehensive plan and zoning ordinances. When local
			 government cannot be reached due to the time of day, day of week, or failed
			 communications systems, the Department may issue an emergency permit without
			 local certification of compliance with the local comprehensive plan and zoning
			 ordinances. In such cases, the Department shall advise the permittee that the
			 Department's emergency permit is provisional and may be rescinded if the
			 proposed emergency measures are determined to be not in compliance with the
			 local comprehensive plan and zoning ordinances. The applicant shall be
			 responsible for obtaining any required permits from the local government. The
			 emergency permit issued by the Department shall not be considered valid until
			 all local permits have been obtained.
(4) Prior to issuance of an emergency permit,
			 the Department shall request recommendations from the Oregon Department of Fish
			 and Wildlife on minimizing adverse impacts to wildlife or habitat values, and
			 the Oregon Department of Geology and Mineral Industries, for information on
			 geologic hazards.
(5) Upon issuance
			 of an emergency permit, the Department shall provide notice to the local
			 government, the Department of Land Conservation and Development, the Division
			 of State Lands, Oregon Department of Fish and Wildlife, and the Oregon
			 Department of Geology and Mineral Industries.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.605 - ORS
				  390.770 & ORS
				  390.990 - ORS
				  390.995
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0070 - Terms and Conditions of Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under an emergency permit authorization,
			 material placed on the ocean shore, other than beach sand moved for watercourse
			 alterations, shall be considered temporary and shall be removed within a time
			 specified by the Department, except as specified in section (3) of this rule.
			 At the time of removal, the permittee shall be responsible for restoring to as
			 natural a condition as possible, as determined by the Department, the natural
			 resource, scenic and recreational values of the ocean shore.
(2) The Department may impose conditions on
			 the project size, design, and materials used in order to meet the objectives of
			 the Permit Standards of ORS
			 390.655 and Beach
			 Construction/Alternation Standards of OAR
			 736-020-0005 through OAR
			 736-020-0030.
(3) The permittee shall apply for an ocean
			 shore permit, as specified in ORS
			 390.650, in order to seek
			 approval to convert the temporary project approved under an emergency permit
			 into a permanent ocean shore alteration. If a permanent permit is not applied
			 for and approved by the Department, then all material placed on the ocean shore
			 shall be removed and the condition of the ocean shore restored, in compliance
			 with the conditions of the emergency permit.
(4) At the Department's discretion, the
			 Department may require a cash bond, or other security acceptable to the
			 Department, to ensure that the permittee complies with the terms of the permit,
			 including removal of material. Failure of the permittee to comply with the
			 terms and conditions of the permit shall authorize the Department, without
			 further notice, to conduct the work necessary to complete the required terms
			 and conditions and deduct any and all costs and expenses for the
			 work.
(5) The Department shall
			 deduct from the cash bond or other security, all legal costs associated with
			 the emergency permit, including, but not limited to, enforcement of permit
			 conditions, and acquisition of funds from the cash bond or other security. The
			 Department shall pursue all available legal or judicial alternatives to recover
			 costs incurred by the public resulting from non-compliance with the terms and
			 conditions of any emergency permit.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.124
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0110 - Disposition of Fees and Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department shall establish an account
			 for fees and penalties collected by the Department, or awarded by the court(s),
			 in the administration of the ocean shore statutes. The moneys in this account
			 shall be dedicated to the ocean shore program and shall be continually
			 appropriated to the Department to be used, in priority order, highest to
			 lowest, for:
(a) Administering the
			 Department's ocean shore permitting program;
(b) Preserving and protecting the scenic,
			 recreational and other natural resource values of the ocean shore, including
			 preserving, protecting and restoring native species and habitats including
			 rare, threatened, or endangered species and their habitats;
(c) Providing public education about the
			 ocean shore;
(d) Promoting public
			 safety on the ocean shore;
(e)
			 Providing information and assistance to oceanfront landowners; and
(f) Any other purpose the Director may deem
			 appropriate in promoting the ocean shore policy in ORS
			 390.610 through
			 390.635.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 20 - BEACH CONSTRUCTION/ALTERATION STANDARDS › Section 736-020-0120 - Administrative Relief, Appeals, Judicial Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Where an application for an improvement
			 permit required under ORS
			 390.640, or a permit for a
			 pipeline, cable or conduit crossing of the ocean shore required under ORS
			 390.715, or a permit for removal
			 of products from the ocean shore required under ORS
			 390.725, is denied, the
			 applicant may request a hearing from the Director. Where a permit is issued
			 under ORS 390.650, any person aggrieved by
			 the issuance of the permit or conditions imposed on the permit, may request a
			 hearing from the Director. The application denial or permit approval shall be
			 considered the Director's original order.
(2) Requests for hearing described in section
			 (1) of this rule shall be in writing and shall:
(a) Include a clear statement of the
			 reason(s) for the request;
(b) If
			 the request is being made by a person other than the applicant, include a clear
			 statement of the person's legally protected interest and how that interest is
			 adversely affected by the issuance of the permit; and
(c) Be received by the Director within 30
			 days of service of the order denying or granting the permit. The date of
			 service shall be the date of delivery of the order in person, or the date of
			 mailing.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0010 - Scope of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
This division governs the use of the ocean shore state
				recreation area, which consists of the land lying between extreme low tide of
				the Pacific Ocean and the statutory vegetation line as described by ORS
				390.770 or the line of
				established upland shore vegetation, whichever is farther inland. This division
				does not govern activities or uses in the sub-tidal zone, which extends below
				extreme low tide, or in an estuary as defined in ORS
				196.800.
Stat. Auth.: ORS
				  390.660
Stats. Implemented: ORS
				  390.660
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0020 - Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
This division is adopted pursuant to:
(1) ORS
			 390.050, which authorizes the
			 director and the director's designees to enforce park and ocean shore state
			 recreation area rules by citation authority; and
(2) ORS
			 390.635 and
			 390.660, which grant the Oregon
			 State Parks and Recreation Commission the following:
(a) Complete jurisdiction and authority to
			 administer as state recreation areas, all ocean shore areas owned by the state
			 and all other public easements or other rights of access that the state holds
			 on the ocean shore;
(b) Authority
			 to protect and maintain such areas in a manner that will contribute to the
			 general welfare of the public and the natural and cultural resources thereon;
			 and
(c) Authority to make
			 regulations and provisions as it deems necessary for the use and administration
			 of such areas.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0040 - General Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 director, by written agreement, may cooperatively exercise jurisdiction and
			 authority over the ocean shore state recreation area with a county, city, or
			 political subdivision thereof for the purposes of enforcing this division and
			 applicable state, county or city laws. Local government regulations pertaining
			 to the ocean shore state recreation area are provided in division 30.
(2) A park employee may seek compliance from
			 the public with any ocean shore state recreation area rules. (A person may not
			 obstruct, harass or interfere with a park employee's official duties, including
			 enforcing ocean shore state recreation area rules.
(3) A park manager or designated park
			 employee may order any person who violates any ocean shore state recreation
			 area rule to leave an ocean shore area.
(4) A park manager or an enforcement officer
			 may exclude a person who violates any ocean shore state recreation area rule
			 from the ocean shore area for a specified period of time as provided in OAR
			 736-010-0020(7).
(5) A peace officer, pursuant to a written
			 agreement with the department, may seek compliance from the public with any
			 ocean shore state recreation area rule and may order a person who violates one
			 or more rules to leave the ocean shore area.
(6) A peace officer, pursuant to a written
			 agreement with the department, may exclude a person who violates one or more of
			 the following from an ocean shore state recreation area for a specified period
			 of time:
(a) Ocean shore state recreation area
			 rule;
(b) Federal, state, county,
			 or city law; or
(c) Court
			 order.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0050 - Fines

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person that
			 violates any ocean shore state recreation area rule commits a Class A B, C or D
			 violation punishable, upon conviction, by a fine as provided in ORS chapter
			 153.
(2) Each occurrence of an
			 ocean shore state recreation area rule violation is considered a separate
			 offense.
Stat. Auth.: ORS
				  390.660
Stats. Implemented: ORS
				  390.050 &
				  390.124
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0060 - Motor Vehicles and Other Motorized Devices

Current through Register Vol. 63, No. 7, July 1, 2024
General Provision:
(1)
			 A person operating a motorized vehicle or device on the ocean shore state
			 recreation area must-
(a) Observe all posted
			 signs, including signs that prohibit the operation of motorized vehicles or
			 devices; and
(b) Restrict speed and
			 manner of operation to reasonable and prudent practice, considering the
			 terrain, prevailing conditions, equipment, personal capabilities, personal
			 safety and the safety of all other ocean shore state recreation area users,
			 natural resources, and wildlife.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0065 - Non-Motorized Vehicles, Cycles, Unpowered Aircraft, Sails and Other Similar Devices

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 operate a bicycle, skateboard, scooter, rollerblades or inline skate, or other
			 wheeled, operator-propelled equipment that transports the operator on land, as
			 provided in section (3).
(2) A
			 person may operate a wind-powered aircraft or vehicle, such as a land sail,
			 kite-buggy or other similar items on the ocean shore state recreation area as
			 provided in section (3).
(3) A
			 person operating any vehicle described in sections (1) or (2) on the ocean
			 shore state recreation area must:
(a) Observe
			 all posted signs, including the signs that restrict the operation of such
			 vehicles, aircrafts and devices, and
(b) Restrict speed and manner of operation to
			 reasonable and prudent practice considering the terrain, prevailing conditions,
			 equipment, personal capabilities, personal safety and the safety of all other
			 ocean shore state recreation area users, natural resources, and
			 wildlife.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0070 - Pets and Other Animals

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Domestic animals, including saddle or pack animals, are allowed in the ocean
			 shore state recreation area except as provided in OAR
			 736-021-0090,
			 736-030-0005,
			 736-030-0010, and as otherwise
			 posted by the department.
(2) The
			 handler of any domestic animal must be responsible for the animal's behavior
			 and must exercise direct control over the animal while in the ocean shore state
			 recreation area.
(a) "Direct control" means
			 that the animal is within the unobstructed sight of the handler and responds to
			 voice commands or other methods of control.
(b) Domestic animal handlers must carry a
			 leash or restraining device at all times while in the ocean shore state
			 recreation area.
(c) Domestic
			 animal handlers must promptly leash animals at the request or order of a park
			 employee.
(d) Handlers must prevent
			 their animals from harassing people, wildlife and other domestic
			 animals.
(e) Animals may not be
			 hitched or confined in a manner that may cause damage to any natural resources
			 on the ocean shore.
(f) Handlers
			 are responsible for the removal of the animal's waste while in the ocean shore
			 state recreation area.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0080 - 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.
(2) A person may not conduct non-permitted
			 farming activities on the ocean shore state recreation area.
Stat. Auth.: ORS
				  390.660
Stats. Implemented: ORS
				  390.635 &
				  390.660
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0090 - Cultural, Historic, Natural and Wildlife Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may not excavate, injure,
			 destroy or alter an archaeological site or object or remove an archaeological
			 object located on the ocean shore state recreation area, unless the department
			 has authorized that activity by a permit issued under ORS
			 390.235 and OAR
			 736-051-0060 to
			 736-051-0080.
(2) Except with the written permission of the
			 department or as allowed by sections (3) or (4) of this rule, a person may not:
(a) Pick, cut, mutilate, trim, uproot, or
			 remove any living vegetation;
(b)
			 Dig up or remove any sand, soil, rock, historical or fossil materials;
			 or
(c) Place, remove, roll, move
			 any stones, logs or other objects to gain access to the ocean shore state
			 recreation area.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0100 - Visitor Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 not mutilate, deface, damage, or remove any property, structure or facility of
			 any kind in the ocean shore state recreation area, except as provided in OAR
			 736-021-0090.
(2) A person may not leave any material not
			 found naturally on the ocean shore, including garbage, recyclables, sewage, or
			 waste, on the ocean shore state recreation area.
(3) A person may not engage in the following
			 activities on the ocean shore state recreation area:
(a) Possessing or using alcoholic beverage(s)
			 if the person is under 21 years of age;
(b) Fighting or promoting, instigating or
			 encouraging fighting or similar violent conduct that would threaten the
			 physical well-being of any person;
(c) Activities or conduct that constitutes a
			 public nuisance or hazard; or
(d)
			 Public indecency as defined in ORS
			 163.465;
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0120 - Fires

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may
			 have a recreational beach fire in the ocean shore state recreation area under
			 the following conditions:
(a) Fires are no
			 larger than three feet by three feet by three feet in dimension. A person may
			 apply for a special use permit under division 16 for larger fires.
(b) Fires must be located as follows:
(A) In the open sand area;
(B) Downwind of any shoreline vegetation and
			 small wood debris or log accumulations;
(C) Never in dunes, small wood debris or
			 beach log accumulations; and
(D) A
			 minimum of 25 feet away from beach access points, shoreline vegetation, log
			 accumulations and seawalls constructed of wood or other combustible
			 material.
(c) Fires must
			 not be left unattended;
(d) Fires
			 must not cause damage to facilities or natural resources;
(e) Fires may not be covered with sand;
			 and
(f) Fires must be extinguished
			 completely with water and be broken apart before its users leave the
			 area.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0130 - Commercial Activities and Non-Traditional Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person may only engage in a commercial
			 activity or non-traditional park use on the ocean shore state recreation area
			 as authorized in a special use permit that they obtain from the department
			 pursuant to OAR chapter 736, division 16.
(2) A person must obtain a special use permit
			 from the department for any activity or use as described in OAR
			 736-016-0005(1),
			 including but not limited to an activity or use within the ocean shore state
			 recreation area that:
(a) Is an organized
			 group activity or event attended by over 50 persons;
(b) Uses a portion of the ocean shore state
			 recreation area to the exclusion of other persons or the department;
(c) Modifies or embellishes the natural ocean
			 shore state recreation area, or places structures, such as tents, chairs,
			 arches, etc. on the ocean shore state recreation area in a manner outside of
			 normal recreational use, as determined by the department;
(d) Uses public-address, amplification or
			 lighting systems, other than those designed for personal use;
(e) Charges money for participation or
			 admission, or they sell products or services;
(f) Could disturb the natural, cultural,
			 scenic and recreational resources in the ocean shore state recreation area or
			 adjacent areas;
(g) Could pose a
			 safety or access concern for other ocean shore state recreation area users or
			 for those involved in the event or activity.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0140 - Signs and Promotional Materials

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the department authorizes a person to do so within the
				ocean shore state recreation area under a special use permit as provided in OAR
				chapter 736, division 16, a person may not place or distribute:
(1) Any sign, marker, advertisement, or
			 inscription with the sole purpose of advertising a business or soliciting
			 customers;
(2) Any circulars,
			 notices, leaflets, pamphlets, written or printed information, promotional
			 materials, products or other similar items of any kind.
Stat. Auth.: ORS
				  390.660
Stats. Implemented: ORS
				  390.635 &
				  390.660
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0150 - Lost Articles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under
			 ORS 164.065 and
			 98.005,a person who finds money
			 or goods with a perceived value of $250 or more at the ocean shore state
			 recreation area must try to find the property's rightful owner in one of the
			 following ways:
(a) By directly following the
			 provisions established in ORS
			 98.005; or
(b) By giving the found property to the
			 department within 10 days of finding it, along with the details of the time and
			 place the property was found.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 21 - GENERAL OCEAN SHORE STATE RECREATION AREA RULES › Section 736-021-0160 - Additional Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Additional administrative rules may apply to the ocean shore
				state recreation area, including but not limited to OAR chapter 736, divisions
				4, 20, 22, 30 and 80.
Stat. Auth.: ORS
				  390.660
Stats. Implemented: ORS
				  390.635 &
				  390.660
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 22 - OCEAN SHORE VEHICLE USE ZONES POLICY › Section 736-022-0005 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To assure safe
			 public use, protect scenic and recreation values, and conserve marine life and
			 intertidal resources of the ocean shore, zones shall be established on the
			 ocean beaches where vehicle use will be restricted or prohibited.
(2) Establishment of zones on beaches where
			 vehicle use may be restricted or prohibited will be determined after evaluating
			 the relative significance of public and agency concerns for safety, access,
			 scenic and recreation values, seashore resources, and beach management:
(a) Safety - The following concerns will be
			 considered to promote safety for all beach users:
(A) Beach Use - To assure the safety of beach
			 users, added concern will be given to times and locations of heavy use by the
			 general public;
(B) Beach Space -
			 Beach areas that are too limited in usable space to serve both pedestrian and
			 vehicular uses may be closed to vehicles;
(C) Hazardous Conditions - Beach areas with
			 restricted visibility or hazardous conditions for vehicular use may be closed
			 to vehicles;
(D) On-Shore Residents
			 - Vehicular use on beaches may be restricted or prohibited at times and
			 locations where the safety of on-shore residents or property has been
			 significantly affected by such beach use.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 22 - OCEAN SHORE VEHICLE USE ZONES POLICY › Section 736-022-0010 - Provisions for Obtaining Vehicle Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Permits will be issued only from the
			 offices listed below and only during normal working hours.
(2) Permits will be limited to daylight hours
			 only.
(3) Permits will be issued
			 for a specific person, vehicle, use and ocean shore area.
(4) Permittee must have permit in possession
			 during time of use.
(5) Permits are
			 not valid for commercial removal of driftwood.
(6) Granting of a permit by the State Parks
			 Director for use of a vehicle on the ocean shore in no way authorizes the
			 permittee to trespass on private property or to remove materials owned or
			 controlled by others.
(7) Permittee
			 agrees to hold the State of Oregon, it's Parks and Recreation Commission,
			 officers, agents and employees harmless for any damages, claims and suits or
			 action in law or in equity arising from any operation under the
			 permit.
(8) The State Parks and
			 Recreation Commission may, at its discretion, require a certificate of
			 insurance to cover any claims resulting from the activities of the
			 permittee.
(9) Permittee shall not
			 operate the vehicle in a careless manner; while under the influence of
			 intoxicating beverages, narcotics or dangerous drugs; or in excess of 25 MPH,
			 or in excess of a less speed, if so posted.
(10) Permit-issuing offices for firewood
			 gathering, elderly and disabled access:
(a)
			 Salem -- State Parks Headquarters;
(b) Astoria/Warrenton -- Fort Stevens State
			 Park and State Police;
(c) Cannon
			 Beach -- City of Cannon Beach Police Department (for city limits
			 only);
(d) Tillamook -- Region II
			 Parks Office and State Police;
(e)
			 Cape Lookout -- Cape Lookout State Park;
(f) Newport -- Beverly Beach State
			 Park;
(g) South Beach -- South
			 Beach State Park;
(h) Florence --
			 Honeyman State Park;
(i) Coos Bay
			 -- Region III Parks Office and Sunset Bay State Park;
(j) Bandon -- Bullards Beach State
			 Park;
(k) Port Orford -- Cape
			 Blanco State Park;
(l) Brookings --
			 Harris Beach State Park.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 23 - RECOMMENDATIONS TO ADJUST STATUTORY VEGETATION LINE › Section 736-023-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules set forth the criteria and procedure by which the
				Parks and Recreation Department will periodically review the vegetation line
				established under ORS
				390.770 so that the Parts and
				Recreation Commission may recommend adjustments to that line to the legislature
				pursuant to ORS 390.755.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.755
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 23 - RECOMMENDATIONS TO ADJUST STATUTORY VEGETATION LINE › Section 736-023-0010 - Policy

Current through Register Vol. 63, No. 7, July 1, 2024
The Parks and Recreation Commission will hold paramount the
				public interest and intent of the 1967 Oregon Beach Law as amended and
				supplemented to (ORS 390.610 and
				390.690) in all evaluation of
				proposals to change the statutory vegetation line.
Stat. Auth.: ORS
				  390.124
Stats. Implemented: ORS
				  390.610
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 23 - RECOMMENDATIONS TO ADJUST STATUTORY VEGETATION LINE › Section 736-023-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Department"
			 means the Oregon Parks and Recreation Department.
(2) "Commission" means the Oregon Parks and
			 Recreation Commission.
(3)
			 "Statutory vegetation line" means that line described according to the Oregon
			 Coordinate System and set forth in ORS
			 390.770 for the purpose of
			 identifying lands subject to the department's authority to regulate
			 improvements on the ocean shore. The line consists of a series of connected
			 line segments.
(4) "Actual
			 vegetation line" means the extreme seaward boundary of natural, non-aquatic
			 vegetation. It is a visible boundary, marking the border between the dry sand
			 beach and the adjoining upland. Seasonal occurrences or isolated patches of
			 vegetation may lie seaward of the actual vegetation line.
(5) "Upland" means that area abutting and
			 lying immediately landward of the statutory vegetation line.
(6) "Ocean shore" means the land lying
			 between extreme low tide of the Pacific Ocean and the statutory vegetation line
			 as established and described by ORS
			 390.770 or the line of
			 established upland shore vegetation, whichever is farther inland. "Ocean shore"
			 does not include an estuary as defined in ORS
			 196.800.
(7) "Natural" means wild, uncultivated
			 vegetation whether native or non-native.
(8) "Littoral Cell" is defined as a shoreline
			 segment or reach that is bounded in a longshore direction by a physical feature
			 such as a jetty or headland. There are 22 littoral cells on the Oregon coast
			 defined as follows:
(a) Columbia River south
			 jetty to Tillamook Head;
(b)
			 Tillamook Head to Cape Falcon;
(c)
			 Cape Falcon to Cape Meares;
(d)
			 Cape Meares to Cape Lookout;
(e)
			 Cape Lookout to Cape Kiwanda;
(f)
			 Cape Kiwanda to Cascade Head;
(g)
			 Cascade Head to Cape Foulweather;
(h) Cape Foulweather to Yaquina
			 Head;
(i) Yaquina Head to Cape
			 Perpetua;
(j) Cape Perpetua to
			 Heceta Head;
(k) Heceta Head to
			 Cape Arago;
(l) Cape Arago to
			 Coquille Point;
(m) Coquille Point
			 to Blacklock Point;
(n) Blacklock
			 Point to Cape Blanco;
(o) Cape
			 Blanco to Port Orford Heads;
(p)
			 Port Orford Heads to Humbug Mountain;
(q) Humbug Mountain to Sisters
			 Rocks;
(r) Sisters Rocks to Hubbard
			 Mound/Otter Point;
(s) Otter Point
			 to Cape Sebastian;
(t) Cape
			 Sebastian to Crook Point;
(u) Crook
			 Point to Cape Ferrelo;
(v) Cape
			 Ferrelo to California border.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 23 - RECOMMENDATIONS TO ADJUST STATUTORY VEGETATION LINE › Section 736-023-0030 - Periodic Re-Examination of Statutory Vegetation Line

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department will re-examine the
			 statutory vegetation line in littoral cell units. The Department may re-examine
			 the statutory vegetation line:
(a) On its own
			 initiative, or when directed by the Commission;
(b) Upon request from the governing body(s)
			 of a county(s) or city(s) contiguous to the littoral cell in question;
			 or
(c) Upon request from one or
			 more owners of property that is part of, contiguous or in close proximity to
			 the littoral cell in question.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 24 - VEHICLES AND AIRCRAFT RESTRICTIONS ON OCEAN SHORE › Section 736-024-0005 - Restrictions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There shall be
			 no landing of any aircraft on the ocean shore in Clatsop County, except for an
			 emergency.
(2) Except for an
			 emergency or as provided in section (3) of this rule, there shall be no travel
			 by motor vehicles on the ocean shore in Clatsop County in the areas and during
			 the periods of time hereinafter designated by the Oregon coordinate latitude
			 survey lines, north zone, consisting of "Y" numbers as shown on
"Exhibit
			 1"
attached hereto and by this reference made a part hereof. The areas
			 where motor vehicle travel is allowed, the periods of time for such use, and
			 the areas on the ocean shore where travel by motor vehicles are prohibited, are
			 further described as follows:
(a) Motor
			 vehicle travel is prohibited on the ocean shore between the hours of 12:01 p.m.
			 and 12:00 midnight, from May 1 through September 15, from the south jetty of
			 the Columbia River, Y 952, 180, southerly to the Peter Iredale Road, Y 934,
			 673;
(b) Motor vehicle travel is
			 allowed at any time between the Peter Iredale Road, Y 934, 673, southerly to
			 the beach ramp at Gearhart, Y 880, 455;
(c) Motor vehicle travel is prohibited
			 between the beach ramp at Gearhart, Y 880, 455, southerly to the Clatsop
			 County-Tillamook County line, Y 790, 613, except as follows: Operation or
			 parking of motor vehicles used for and engaged in towing dory boat trailers or
			 essential dory boat launchings from Sunset Drive Y 828, 775 in Cannon Beach
			 southerly to Warren Way Y 823, 122 with access from Warren Way only.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 24 - VEHICLES AND AIRCRAFT RESTRICTIONS ON OCEAN SHORE › Section 736-024-0010 - Speed Limit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There is hereby
			 established a 15 MPH maximum speed limit within those areas of the ocean shore
			 where motor vehicle travel is permitted. Said speed limitation shall extend
			 from Ecola Creek to Arch Cape in Clatsop County, Oregon.
(2) The State Parks and Recreation Department
			 is directed to erect conspicuous signs or markers at the roadway entrances to
			 the above-described ocean shore areas affected by this resolution and at such
			 other locations deemed necessary to properly inform the public of the speed
			 restrictions. The said signs shall set forth the restriction as to the travel
			 of motor vehicles as herein provided.
Stat. Auth.: ORS
				  183.545, ORS 184 & ORS
				  390.668
Stats. Implemented: ORS
				  390.668
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 24 - VEHICLES AND AIRCRAFT RESTRICTIONS ON OCEAN SHORE › Section 736-024-0020 - Speed Limit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) There is hereby
			 established a 15 MPH maximum speed limit within those areas of the ocean shore
			 where motor vehicle travel is permitted pursuant to OAR
			 736-024-0015 within the city
			 limits of Manzanita, in Tillamook County, Oregon.
(2) The State Parks and Recreation Department
			 is directed to erect conspicuous signs or markers at the roadway entrances to
			 the above-described ocean shore areas affected by this resolution and at such
			 other locations deemed necessary to properly inform the public of the speed
			 restrictions. The said signs shall set forth the restriction as to the travel
			 of motor vehicles as herein provided.
Stat. Auth.: ORS
				  183.545, ORS 184 & ORS
				  390.668
Stats. Implemented: ORS
				  390.668