71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2783
 
                         House Bill 3572
 
Sponsored by Representative KRIEGER; Representative VERGER (at
  the request of Coos County Commissioner John Griffith)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires State Parks and Recreation Department to open
previously closed segment of ocean shore if declaring new segment
of ocean shore closed to public use. Requires department to
promptly remove signs indicating restricted ocean shore zones
from opened areas. Requires notice in newspaper and public
hearing in county in which zone is located if department
establishes, modifies or eliminates zone.
 
                        A BILL FOR AN ACT
Relating to ocean shore use; creating new provisions; and
  amending ORS 390.605, 390.678 and 478.010.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) The Legislative Assembly finds that the
social, recreational and natural values of the Oregon ocean shore
should be preserved for future Oregonians, and further declares
that:
  (a) It is desirable that all Oregonians of present and future
generations and visitors who are lawfully present within the
boundaries of this state be assured adequate outdoor recreation
resources. It is desirable that all levels of government and
private interests take prompt and coordinated action to the
extent practicable without diminishing or affecting their
respective powers and functions to conserve, develop and utilize
such resources for the benefit and enjoyment of all the people.
  (b) The economy and well-being of the people are in large part
dependent upon proper utilization of the state's outdoor
recreation resources for the physical, spiritual, cultural,
scientific and other benefits that such resources afford.
  (c) It is in the public interest to increase outdoor recreation
opportunities commensurate with the growth in need through
necessary and appropriate actions, including, but not limited to,
the following:
  (A) Protection of existing and needed open spaces for
appreciation, use and enjoyment of Oregon's scenic landscape.
  (B) Provision of adequate land for outdoor recreation.
  (C) Preservation and restoration for public enjoyment and
education of structures, objects, facilities and resources that
are examples of Oregon history, archaeology and natural science.
  (D) Provision of trails for horseback riding, hiking, bicycling
and motorized trail vehicle riding.
  (E) Development of waterways, land and water facilities for
recreational boating, hunting and fishing.
  (F) Provision for access to public lands and waters having
recreational values.
  (d) It shall be the policy of the State of Oregon to supply
those outdoor recreation areas, facilities and opportunities that
are clearly the responsibility of the state in meeting growing
needs and to encourage all agencies of government, voluntary and
commercial organizations, citizen recreation groups and others to
work cooperatively and in a coordinated manner to assist in
meeting total recreation needs through exercise of their
appropriate responsibilities.
  (2) The Legislative Assembly declares that no net loss of
recreation or access to the ocean shore shall occur through
permanent or emergency actions of the State Parks and Recreation
Commission or the State Parks and Recreation Department. + }
  SECTION 2.  { + Section 1 of this 2001 Act is repealed on
January 1, 2002. + }
  SECTION 3.  { + Section 4 of this 2001 Act is added to and made
a part of ORS 390.620 to 390.676. + }
  SECTION 4.  { + (1)(a) If the State Parks and Recreation
Department closes a segment of ocean shore to public use, it
shall at the same time open to public use, in the same county in
which the closure occurs, a previously closed segment of ocean
shore of identical linear length.
  (b) If insufficient ocean shore resources are available to open
a segment of ocean shore of identical linear length in the county
in which the closure occurs, the department shall open a segment
of closed ocean shore of identical linear length in the nearest
county.
  (2) The department shall solicit the assistance of the
governing body of the county or counties affected by a closure
decision in determining which areas of previously closed ocean
shore to open to public access.
  (3) The provisions of this section do not apply to emergency
closures of the ocean shore of less than one week in duration
that are imposed to protect public health, public safety,
wildlife, habitat or department assets. + }
  SECTION 5. ORS 390.605 is amended to read:
  390.605. As used in ORS 390.610, 390.620 to 390.676, 390.690
and 390.705 to 390.770, unless the context requires otherwise:
   { +  (1) 'Close' means to restrict access to the ocean shore
or limit the specific uses or activities that may occur on the
ocean shore. + }
    { - (1) - }   { + (2) + } 'Improvement' includes filling a
portion of the ocean shore, removal of material from the ocean
shore or a structure, appurtenance or other addition,
modification or alteration constructed, placed or made on or to
the land.
    { - (2) - }   { + (3) + } 'Ocean shore' means the land lying
between extreme low tide of the Pacific Ocean and the statutory
vegetation line as described by ORS 390.770 or the line of
established upland shore vegetation, whichever is farther inland.
'Ocean shore ' does not include an estuary as defined in ORS
196.800.
    { - (3) - }   { + (4) + } 'State recreation area' means a
land or water area, or combination thereof, under the
jurisdiction of the State Parks and Recreation Department used by
the public for recreational purposes.
  SECTION 6. ORS 390.678 is amended to read:
  390.678. (1) The State Parks and Recreation Department may
establish zones on the ocean shore where travel by motor vehicles
or landing of any aircraft { + , + } except for an emergency
 { + landing, + } shall be restricted or prohibited. After the
establishment of a zone and the erection of signs or markers
thereon,   { - no such use shall be made of such areas - }
 { + a person may not use the zone + } except in conformity with
the rules of the department. { +  The department shall promptly
remove signs and markers from zones in which travel by motor
vehicles or landing of any aircraft is subsequently allowed. + }
  (2) Proceedings to establish a zone:
  (a) May be initiated by the department on its own motion; or
  (b) Shall be initiated upon the request of 20 or more
landowners or residents or upon request of the governing body of
a county or city contiguous to the proposed zone.
  (3)  { + Except in an emergency to protect the public health,
public safety, wildlife, habitat or department assets, + } a zone
  { - shall - }   { + may + } not be established { + , modified
or eliminated  + }unless the department first holds a public
hearing in the   { - vicinity of the proposed zone - }  { +
county in which the zone is located + }. The department shall
cause notice of the hearing to be given by publication, not less
than seven days prior to the hearing, by at least one insertion
in a newspaper of general circulation in the   { - vicinity of
the zone - }  { +  county in which the zone is located + }.
  (4) Before establishing { + , modifying or eliminating  + }a
zone, the department shall seek the approval of the local
government whose lands are adjacent or contiguous to the proposed
zone.
  SECTION 7. ORS 478.010 is amended to read:
  478.010. (1) A rural fire protection district may be formed in
the manner set forth in ORS 478.010 to 478.100.
  (2) A district may not include:
  (a) Territory within a city unless otherwise authorized by law.
  (b) Territory within a water supply district organized under
ORS chapter 264 if the district has previously been authorized by
its electors to exercise the fire protection powers prescribed by
ORS 264.340.
  (c) Forestlands included within a forest protection district
under ORS 477.205 to 477.281 unless the owner consents and
notifies the rural fire protection district, however, forestland
protected pursuant to ORS 477.205 to 477.281 and not exceeding
five acres in one ownership shall be included in the rural fire
protection district without the owner's consent if the ownership
includes any structures subject to damage by fire. Forestland
included in a rural fire protection district under this
subsection subjects the forestland to assessments for fire
protection by the rural fire protection district and the forest
protection district.
  (d) Railroad rights of way or improvements thereon or rolling
stock moving thereover unless the owner of such property
consents.
  (e) Ocean   { - shore lands - }   { + shores + } as defined by
ORS 390.605
  { - (2) - } .
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