Chapter 390 — State and Local Parks; Recreation Programs;

Scenic Waterways; Recreation Trails

ORS sections in this chapter were amended or repealed by the Legislative Assembly during its 2012 regular session. See the table of ORS sections amended or repealed during the 2012 regular session: 2012 A&R Tables

2011 EDITION

PARKS; RECREATION;WATERWAYS; TRAILS

HIGHWAYS, ROADS, BRIDGES AND FERRIES

GENERAL PROVISIONS

390.005 Definitions

OUTDOOR RECREATION RESOURCES

390.010 Policy of state toward outdoor recreation resources

VIOLATIONS ENFORCEMENT

390.050 Park and recreation violations; enforcement

LOTTERY BONDS FOR STATE PARK PURPOSES

390.060 Definitions for ORS 390.060 to 390.067

390.063 Lottery bonds for state park projects

390.065 Findings; use of Oregon State Lottery proceeds

390.067 Request for issuance of state park lottery bonds; Oregon Parks for the Future Fund; uses of fund

STATE PARKS AND RECREATION DEPARTMENT

(Generally)

390.111 Creation of department; jurisdiction and authority

390.112 Additional criteria for acquiring and developing new historic sites, parks and recreation areas

390.114 State Parks and Recreation Commission

390.117 Commission officers; meetings; function; delegation of authority

390.121 Powers of commission

390.122 Requirements for establishing priorities for acquisition

390.124 Commission rulemaking authority; charges for use of parks and other areas; exceptions

390.127 State Parks and Recreation Director; appointment; compensation

390.131 Duties of director

390.134 State Parks and Recreation Department Fund; sources; uses; advisory committee; rules; subaccounts

390.135 Parks Subaccount; sources; uses

390.137 State Parks and Recreation Department Operating Fund

390.139 Oregon Adopt-a-Park Program; funding; rules; agreement with volunteers

390.140 Powers and duties of State Parks and Recreation Director

390.143 Agreements to provide interpretive services to recreational facilities; authority under agreement; disposition of moneys

390.144 Rules for ORS 390.143

390.150 Gifts and grants for State Parks and Recreation Department

390.153 Parks Donation Trust Fund; sources; uses

390.155 Authority for State Parks and Recreation Department to accept gifts or donations

390.180 Standards for recreational planning and fund disbursement; rules; park master plans

390.190 Revolving fund

390.195 Use of state correctional institution inmate labor for maintenance and improvement at state parks

390.200 Authority of department to require fingerprints

390.230 Fort Stevens Military Reservation; Clatsop Spit

390.231 Development of Crissey Field as state park

390.232 Tax on government camping and recreational vehicle spaces

(Archaeological Sites and Historical Material)

390.235 Permits and conditions for excavation or removal of archaeological or historical material; rules; criminal penalty

390.237 Removal without permit; exceptions

390.240 Mediation and arbitration of disputes; rules

COMMEMORATIVE COINS

390.245 Commemorative coins authorized; sale; use of proceeds

390.247 Design; contracted services

LOCAL PARKS AND RECREATION SERVICES

(Jackson County)

390.250 Development of recreational use of lands by Jackson County; application for state funds

390.255 Use of funds to acquire land interests; conditions of grants

390.260 Application to Willamette River Greenway; restriction on condemnation to acquire lands

(Ocean Shores Lifesaving Services)

390.270 Definitions for ORS 390.270 to 390.290

390.275 Purpose of ORS 390.270 to 390.290

390.280 Duties of State Parks and Recreation Department; grants for lifesaving services; minimum standards; rules

390.285 Application by local governing body for reimbursement; report of activities required

390.290 Schedule for reimbursement of local governing bodies

(Tillamook State Forest Recreation Program)

390.295 Jurisdiction of State Forestry Department and State Parks and Recreation Department

390.300 Tillamook Forest Recreation Trust Account; sources; uses

WILLAMETTE RIVER GREENWAY

(Generally)

390.310 Definitions for ORS 390.310 to 390.368

390.314 Legislative findings and policy

390.318 Preparation of development and management plan; content of plan

390.322 Submission of plan to Land Conservation and Development Commission; revision, approval and distribution of plan

390.330 Grants for acquisition of lands by local government units; acquisition of water rights or use of condemnation powers limited

(Land Acquisition)

390.332 Acquisition of scenic easements near Willamette River; nature of easement; restriction on use of condemnation

390.334 Acquisition of scenic easements in lands subject to development plan; farmlands not to be acquired by condemnation; nature of easement; acquisition of other interests

390.338 Limitations on use of condemnation power; acquisition of certain farmlands; disposition of acquired lands; compensation for acquired lands

(Miscellaneous)

390.340 Department rules

390.350 Intergovernmental agreements; use of gifts and grants

390.360 Title to, and use and disposition of, lands acquired by local governmental units

390.364 Taxation of lands subject to scenic easements

390.368 Authority to contract landscaping and repair of damage to lands subject to scenic easement

ALL-TERRAIN VEHICLES

390.550 Definitions

390.555 All-Terrain Vehicle Account; sources

390.560 Uses of All-Terrain Vehicle Account

390.565 All-Terrain Vehicle Advisory Committee; appointment; term; duties

390.570 Class I all-terrain vehicle operator permits; issuance; safety education courses; rules; fee

390.575 Class III all-terrain vehicle operator permits; issuance; safety education courses; rules; fee

390.577 Class IV all-terrain vehicle operator permit; rules; fees

390.580 All-terrain vehicle operating permit; rules; application; fees; renewal

390.585 Rules

390.590 Out-of-state all-terrain vehicle permit; qualifications; duration; application; fee

OCEAN SHORES; STATE RECREATION AREAS

(General Provisions)

390.605 Definitions

390.610 Policy

390.615 Ownership of Pacific shore; declaration as state recreation area

390.620 Pacific shore not to be alienated; judicial confirmation

390.630 Acquisition along ocean shore for state recreation areas or access

390.632 Public access to coastal shorelands

(Regulating Use of Ocean Shore)

390.635 Jurisdiction of department over recreation areas

390.640 Permit required for improvements on ocean shore; exceptions

390.650 Improvement permit procedure; fee; waiver or reduction

390.655 Standards for improvement permits

390.659 Hearing before director regarding department action on improvement permit; appeal of director’s order; suspension of permit during appeal

390.660 Regulation of use of lands adjoining ocean shores; rules

390.661 Improvement without permit or contrary to permit conditions as public nuisance

390.663 Investigation of violation within ocean shore; cease and desist order; enforcement of order by state and local police

390.666 Revocation, suspension or nonrenewal of improvement permit

390.669 Action by state or any person to abate public nuisance; temporary restraining order or preliminary injunction; compensation to public

390.672 Damages for destruction or infringement of public right of navigation, fishery or recreation; treble damages

390.674 Imposition of civil penalties

390.676 Schedule of civil penalties; factors to determine amount; rules

390.678 Motor vehicle and aircraft use regulated in certain zones; zone markers; proceedings to establish zones

390.685 Effect of ORS 390.605, 390.615, 390.678 and 390.685

390.690 Title and rights of state unimpaired

(Special Permits)

390.705 Prohibition against placing certain conduits across recreation area and against removal of natural products

390.715 Permits for pipe, cable or conduit across ocean shore, state recreation areas and submerged lands

390.725 Permits for removal of products along ocean shore; rules

390.729 Permits for operation of all-terrain vehicles on ocean shore

(Vegetation Line)

390.755 Periodic reexamination of vegetation line; department recommendations for adjustment

390.760 Exceptions from vegetation line

390.770 Vegetation line described

SCENIC WATERWAYS

390.805 Definitions for ORS 390.805 to 390.925

390.815 Policy; establishment of system

390.826 Designated scenic waterways

390.827 Effect of ORS 390.826 on rights of Indian tribes

390.835 Highest and best use of waters within scenic waterways; prohibitions; authority of various agencies; water rights; conditions; recreational prospecting; placer mining

390.845 Administration of scenic waterways and related adjacent lands; limitations on use; condemnation; rules

390.848 Passes for use of parts of Deschutes River; rules; fee; exemption from fee; disposition of moneys

390.851 Activities prohibited on parts of Deschutes River without pass; exceptions

390.855 Designation of additional scenic waterways

390.865 Authority of legislature over designation of additional scenic waterways

390.875 Transfer of public lands in scenic waterways to department; administration of nontransferred lands

390.885 Exchange of property within scenic waterway for property outside waterway

390.895 Use of federal funds

390.905 Effect of ORS 390.805 to 390.925 on other state agencies

390.910 Intergovernmental cooperation; county representative on management advisory committee

390.915 Determination of value of scenic easement for tax purposes; easement exempt

390.925 Enforcement

DESCHUTES RIVER SCENIC WATERWAY RECREATION AREA

390.930 Definitions for ORS 390.930 to 390.940

390.932 Creation of Deschutes River Scenic Waterway Recreation Area

390.934 Management of Deschutes River Scenic Waterway Recreation Area; plan; rules; budget

390.936 Rules

390.938 Guidelines for management and development

390.940 Relationship to other laws

RECREATION TRAILS

390.950 Short title

390.956 Policy

390.959 Composition of trails system; establishment of markers

390.962 Criteria for establishing trails; location; statutes authorizing trails for motorized vehicles unaffected

390.965 Hearing required; information to be considered

390.968 Selection of rights of way for trails

390.971 Department duties and powers; rules

390.974 Intergovernmental cooperation to obtain property for use in trail system

390.977 Oregon Recreation Trails Advisory Council; members; appointment; terms; duties; expenses; officers; quorum; meetings

390.980 Funds for purposes of ORS 390.950 to 390.989; acceptance and use of donated funds; indemnity to owners of land damaged by trail users

390.983 Trail property tax assessment

390.986 Injunctive relief for violation of ORS 390.950 to 390.989

390.989 Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989

PENALTIES

390.990 Violations

390.992 Civil penalties

390.995 Criminal penalties

GENERAL PROVISIONS

390.005 Definitions. As used in this chapter, unless the context requires otherwise:

(1) “Commission” means the State Parks and Recreation Commission.

(2) “Department” means the State Parks and Recreation Department.

(3) “Director” means the State Parks and Recreation Director. [1989 c.904 §2]

OUTDOOR RECREATION RESOURCES

390.010 Policy of state toward outdoor recreation resources. The Legislative Assembly recognizes and declares:

(1) 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.

(2) 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 which such resources afford.

(3) 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 which are examples of Oregon history, archaeology and natural science.

(d) Development of a system of scenic roads to enhance recreational travel and sightseeing.

(e) Encouragement of outdoor activities such as festivals, fairs, and events relating to music, dance, drama, art and sports.

(f) Expansion of facilities for camping, picnicking and lodging in or near recreational areas and along routes of travel.

(g) Provision of tourist hospitality centers, which may include informational services, sanitary facilities, camping and picnicking areas at points near major highway entrances into the state.

(h) Provision of trails for horseback riding, hiking, bicycling and motorized trail vehicle riding.

(i) Development of waterways, land and water facilities for recreational boating, hunting and fishing.

(j) Development of all recreation potentials of the several river basins, compatible with programs of water use enunciated by the Water Resources Commission.

(k) Provision for access to public lands and waters having recreational values.

(L) Encouragement of the development of winter sports facilities.

(m) Encouragement of programs for recreational enjoyment of mineral resources.

(4) It is in the public interest that all efforts be made through research, education and enforcement to the end that Oregon’s outdoor recreation resources will be used under the highest standards of conduct.

(5) It shall be the policy of the State of Oregon to supply those outdoor recreation areas, facilities and opportunities which 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. [Formerly 184.310]

VIOLATIONS ENFORCEMENT

390.050 Park and recreation violations; enforcement. In addition to any other persons permitted to enforce violations, the State Parks and Recreation Department and any employee of the State Parks and Recreation Department specifically designated by the State Parks and Recreation Director may issue citations for park and recreation violations established under this chapter in the manner provided by ORS chapter 153. [1981 c.692 §2; 1981 c.798 §35; 1987 c.905 §21; 1999 c.1051 §98; 2011 c.597 §134]

LOTTERY BONDS FOR STATE PARK PURPOSES

390.060 Definitions for ORS 390.060 to 390.067. As used in ORS 390.060 to 390.067, unless the context requires otherwise:

(1) “State park lottery bonds” means the bonds authorized to be issued under ORS 390.067 for the purpose of financing state park projects.

(2) “State park projects” means projects for the acquisition, development, improvement, upgrading, preservation and expansion of the capacity of facilities of the system of state parks, including but not limited to parks, park facilities, ocean shores, scenic waterways, trails and historic sites in the State of Oregon. [1997 c.800 §3; 1999 c.44 §21]

Note: 390.060 to 390.067 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

390.063 Lottery bonds for state park projects. The Legislative Assembly declares that the purpose of ORS 390.060 to 390.067 is to authorize lottery bonds for state park projects. The lottery bonds authorized by ORS 390.060 to 390.067 shall be issued pursuant to ORS 286A.560 to 286A.585. The obligation of the State of Oregon with respect to the bonds and with respect to any grant agreement or other commitment authorized by ORS 267.334, 285B.410, 285B.422, 285B.482, 285B.530 to 285B.548 and 390.060 to 390.067 shall at all times be restricted to the availability of unobligated net lottery proceeds, proceeds of lottery bonds and any other amounts specifically committed by ORS 286A.560 to 286A.585. Neither the faith and credit of the State of Oregon nor any of its taxing power shall be pledged or committed to the payment of lottery bonds or any other commitment of the State of Oregon authorized by ORS 390.060 to 390.067. [1997 c.800 §1; 1999 c.44 §22; 2005 c.835 §31; 2007 c.783 §178a]

Note: See note under 390.060.

390.065 Findings; use of Oregon State Lottery proceeds. The Legislative Assembly finds that:

(1) Expenditures by visitors to Oregon state parks and by employees of the State Parks and Recreation Department currently contribute approximately $549 million each year to local economies throughout Oregon. The acquisition, development, improvement, upgrading, preservation and expansion of the capacity of facilities of the system of state parks, including parks, park facilities, ocean shores, scenic waterways, trails and historic sites in the State of Oregon, do and will accomplish the purpose of creating jobs and furthering economic development in Oregon by:

(a) Increasing the capacity, usefulness and attractive qualities of public recreational facilities, thereby promoting travel and tourism in Oregon;

(b) Generating business for and supporting the operations and prosperity of businesses located in the areas of the public recreational facilities; and

(c) Creating employment opportunities within this state through the funding of development and improvement projects on which workers will be employed.

(2) Based on the findings made in this section, the use of the net proceeds from the operation of the Oregon State Lottery to fund state park projects and to pay state park lottery bonds described in ORS 390.063 is an appropriate use of state lottery funds under section 4, Article XV of the Oregon Constitution, and ORS 461.510. [1997 c.800 §2; 1999 c.44 §23]

Note: See note under 390.060.

390.067 Request for issuance of state park lottery bonds; Oregon Parks for the Future Fund; uses of fund. (1) State park lottery bonds shall be issued only at the request of the State Parks and Recreation Director. State park lottery bonds may be issued in an amount sufficient to provide no more than $105 million of net proceeds to pay costs of state park projects, plus the amounts required to pay bond-related costs.

(2) The Oregon Parks for the Future Fund is established in the State Treasury, separate and distinct from the General Fund. The net proceeds from the sale of the state park lottery bonds which are available to pay costs of state park projects shall be credited to the Oregon Parks for the Future Fund. Investment earnings on amounts in the Oregon Parks for the Future Fund shall be credited to the Oregon Parks for the Future Fund. All moneys from time to time credited to the Oregon Parks for the Future Fund, including any investment earnings, are appropriated continuously to the State Parks and Recreation Department only for payment of costs of state park projects and for payment of bond-related costs that are allocable to state park lottery bonds. Amounts in the Oregon Parks for the Future Fund shall be disbursed upon the written request of the State Parks and Recreation Director to pay for costs of state park projects pursuant to subsection (3) of this section, and upon the written request of the Director of the Oregon Department of Administrative Services to pay for bond-related costs that are allocable to state park lottery bonds.

(3) The State Parks and Recreation Director shall apply amounts in the Oregon Parks for the Future Fund to pay costs of state park projects. The State Parks and Recreation Director may make and administer contracts to carry out state park projects. In addition, the director may enter into agreements with any state agency or local government that commits the State Parks and Recreation Department to pay anticipated funds from the Oregon Parks for the Future Fund to the agency or local government for state park projects. Agreements under this subsection may, subject to the provisions of this section, provide for the remittance of the moneys on such periodic basis, in such amounts, over such period of years and with such priority over other commitments of such funds as the director shall specify in the agreements. The obligation of the state and the department to provide funds under any such agreement shall be subject to the availability of amounts in the Oregon Parks for the Future Fund and any other amounts lawfully available to the State Parks and Recreation Department. The State Parks and Recreation Department and any agency or local government receiving proceeds of state park lottery bonds shall, if so directed by the Oregon Department of Administrative Services, take any action specified by the Oregon Department of Administrative Services which is necessary to maintain the excludability of lottery bond interest from gross income under the United States Internal Revenue Code. [1997 c.800 §4]

Note: See note under 390.060.

390.070 [1997 c.800 §5; repealed by 1999 c.44 §29]

390.073 [1997 c.800 §6; repealed by 1999 c.44 §29]

390.075 [1997 c.800 §7; repealed by 1999 c.44 §29]

390.077 [1997 c.800 §8; repealed by 1999 c.44 §29]

390.080 [1997 c.800 §8a; repealed by 1999 c.44 §29]

390.110 [Formerly 366.345; repealed by 1989 c.904 §48]

STATE PARKS AND RECREATION DEPARTMENT

(Generally)

390.111 Creation of department; jurisdiction and authority. (1) The State Parks and Recreation Department is created. The department consists of the State Parks and Recreation Commission, the State Parks and Recreation Director and all other officers and employees of the department.

(2) Except as may be provided by an agreement to the contrary between the State Parks and Recreation Commission and the county, city or political subdivision thereof which exercised jurisdiction and authority over the park, ground or place prior to acquisition by the state, the department has complete jurisdiction and authority over all state parks, waysides and scenic, historic or state recreation areas, recreational grounds or places acquired by the state for scenic, historic, natural, cultural or recreational purposes except as otherwise provided by law.

(3) The department shall manage and control the utilization of the grounds included within the State Capitol State Park under ORS 276.053. [1989 c.904 §3; 2007 c.892 §4]

390.112 Additional criteria for acquiring and developing new historic sites, parks and recreation areas. The State Parks and Recreation Department shall propose to the State Parks and Recreation Commission additional criteria for the acquisition and development of new historic sites, parks and recreation areas. The criteria shall include but need not be limited to:

(1) Criteria to address opportunities that may be lost to the department if acquisition is delayed, such as Whelan Island in Tillamook County and Cape Sebastian in Curry County;

(2) Criteria to protect significant cultural and historic properties, such as Thompson’s Mills in Linn County, Fort Rock Cave in Lake County, Fort Yamhill in Polk County and Keil House in Marion County; and

(3) Criteria to satisfy the need for overnight and large group use facilities on the perimeter of urban population centers, such as Columbia and Washington Counties. [1999 c.1038 §4]

390.114 State Parks and Recreation Commission. (1) There is established a State Parks and Recreation Commission consisting of seven members appointed by the Governor.

(2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor. A member is eligible for reappointment. If there is a vacancy for any cause, the Governor shall make an appointment to become immediately effective for the unexpired term.

(3) All appointments of members of the commission by the Governor are subject to confirmation by the Senate pursuant to ORS 171.562 and 171.565.

(4) The Governor shall appoint one member of the commission from each of the congressional districts referred to in ORS 188.135, one member from among individuals who reside west of the summit of the Coast Mountain Range and one member from among individuals who reside east of the summit of the Cascade Mountain Range.

(5) A member of the commission is entitled to compensation and expenses as provided in ORS 292.495. [1989 c.904 §4; 1997 c.249 §123]

390.117 Commission officers; meetings; function; delegation of authority. (1) The Governor shall designate one member as chairperson, and the members shall select such other officers, for such terms and with such duties and powers necessary for the performance of such offices as the State Parks and Recreation Commission determines appropriate.

(2) A majority of the members of the commission constitutes a quorum for the transaction of business.

(3) The commission shall meet at least once every three months at a time and place determined by the commission. The commission also shall meet at such other times and places as are specified by the call of the chairperson or of a majority of the members of the commission.

(4) It is the function of the State Parks and Recreation Commission to promote the policy of this state toward outdoor recreation resources identified in ORS 390.010 and establish the policies for the operation of the State Parks and Recreation Department in a manner consistent with the policies and purposes of this chapter. In addition, the commission shall perform any other duty vested in it by law.

(5) Except for the commission’s power to adopt rules, the commission may delegate to the State Parks and Recreation Director the exercise or discharge in the commission’s name of any power, duty or function, of whatever character, vested in or imposed by law upon the commission, with the exception of the powers, duties and functions described in ORS 390.121 (1). The official act of the director acting in the commission’s name and by the commission’s authority shall be considered an official act of the commission. [1989 c.904 §6]

390.120 [Formerly 366.175; 1979 c.186 §17; repealed by 1989 c.904 §48]

390.121 Powers of commission. In carrying out its responsibilities, the State Parks and Recreation Commission may:

(1) Acquire by purchase, agreement, donation or by exercise of eminent domain, real property or any right or interest therein deemed necessary for the operation and development of state parks, roads, trails, campgrounds, picnic areas, boat ramps, nature study areas, waysides, relaxation areas, visitor and interpretive centers, department management facilities, such as shops, equipment sheds, office buildings, park ranger residences or other real property or any right or interest because of its natural, scenic, cultural, historic or recreational value, or any other places of attraction and scenic or historic value which in the judgment of the State Parks and Recreation Department will contribute to the general welfare, enjoyment and pleasure of the public.

(2) Construct, improve, develop, manage, operate and maintain facilities and areas, including but not limited to roads, trails, campgrounds, picnic areas, boat ramps and nature study areas named in subsection (1) of this section.

(3) Sell, lease, exchange or otherwise dispose or permit use of real or personal property, including equipment and materials acquired by the department, if in the opinion of the department it is no longer needed, required or useful for department purposes, except that:

(a) Real property may be leased when such real property will not be needed for department purposes during the leasing period.

(b) Real property used for park purposes may be donated to the United States Department of Interior for the purpose of establishing a national monument when in the judgment of the department such disposition would best serve the interests of this state.

(c) Proceeds from the sale of all surplus or unsuitable lands held for park purposes shall be deposited in the Parks Donation Trust Fund for use for park land acquisition or development. Proceeds from the sale of other property shall be paid by the department to the State Treasurer for credit to the State Parks and Recreation Department Fund, and any interest from this fund shall be credited to this fund.

(d)(A) Before offering forest products for sale, the department shall cause the forest products to be appraised.

(B) If the appraised value of the forest products exceeds $15,000, the department shall offer them for sale by competitive bid. Prior to such bid offering, the department shall give notice not less than once a week for three consecutive weeks by publication in one or more newspapers of general circulation in the county in which the forest products are located and by such other media of communication as the department deems advisable. The minimum bid price and a brief statement of the terms and conditions of the sale shall be in the notice.

(C) The notice and competitive bidding under subparagraph (B) of this paragraph shall not be required if the State Parks and Recreation Director declares an emergency to exist that requires the immediate removal of the timber. If an emergency has been so declared:

(i) The timber, regardless of value, may be sold by a negotiated price; and

(ii) The director shall make available for public inspection a written statement giving the reasons for declaring the emergency.

(e) In the case of real property acquired by eminent domain, the prior owner of real property for which sale, lease, exchange or other disposal is proposed must be given the first opportunity to reacquire the property in accordance with ORS chapter 35.

(4) Enter into contracts deemed necessary for the construction, maintenance, operation, improvement or betterment of parks or for the accomplishment of the purposes of chapter 904, Oregon Laws 1989. All contracts executed by the department shall be made in the name of this state, by and through the department.

(5) In carrying out its duties, functions and powers under this chapter, publish guides and other materials relating to recreational opportunities in this state or to any program or function administered by the department. The department may arrange for the sale of such publications. The price of such publications shall include the cost of publishing and distributing the materials. All moneys received by the department from the sale of publications shall be deposited in the State Parks and Recreation Department Fund. The department may contract for the publication of the materials described in this subsection, including the research, design and writing of the materials. The contract may include, among other matters, provisions for advance payment or reimbursement for services performed under the contract. [1989 c.904 §9]

Note: Legislative Counsel has substituted “chapter 904, Oregon Laws 1989,” for the words “this 1989 Act” in section 9, chapter 904, Oregon Laws 1989, compiled as 390.121. Specific ORS references have not been substituted, pursuant to 173.160. These sections may be determined by referring to the 1989 Comparative Section Table located in Volume 20 of ORS.

390.122 Requirements for establishing priorities for acquisition. In establishing its priorities for acquisition, the State Parks and Recreation Commission shall:

(1) Consider the criteria and specific examples set forth in ORS 390.112; and

(2) Encourage public nominations of significant resources that meet the criteria established pursuant to ORS 390.112 and other criteria pertaining to the acquisition of historic sites, parks and recreation areas. [1999 c.1038 §5]

390.124 Commission rulemaking authority; charges for use of parks and other areas; exceptions. (1) In accordance with any applicable provision of ORS chapter 183, the State Parks and Recreation Commission may adopt rules necessary to carry out the duties, functions and powers imposed by law upon the commission and the State Parks and Recreation Department. Rules adopted pursuant to this section shall be duly entered in the minutes and records of the commission.

(2) The commission may adopt rules that assess reasonable charges, including fee reductions, waivers and exemptions, for the use of areas established and maintained by the department. However, the commission shall authorize the use of any state park, individual campsite or day use fee area without charge:

(a) Upon the showing of proper identification, by a person maintaining a foster home, as defined by ORS 418.625, and the person’s children, when accompanied by a foster child residing in the home.

(b) Upon the showing of proper identification, by a person maintaining a developmental disability child foster home, as defined by ORS 443.830, and the person’s children, when accompanied by a foster child residing in the home.

(c) If a deed to, lease of or contract to use the property used as a state park, campsite or day use fee area prohibits the charging of fees for use of the property.

(d) Upon the showing of proper identification, by either a disabled veteran or a person on leave from military active duty status on Memorial Day, Independence Day or Veterans Day.

(3) The commission shall report to an appropriate committee of the Legislative Assembly, no later than January 31 of each odd-numbered year, on the fee reductions, waivers and exemptions adopted by rule by the commission pursuant to subsection (2) of this section.

(4) The commission shall adopt any rules pursuant to ORS chapter 183 that the commission considers necessary to carry out ORS 273.563 to 273.591. [1989 c.904 §§10,10a; 1991 c.67 §93; 1999 c.316 §7; 2003 c.519 §1; 2011 c.319 §19]

390.127 State Parks and Recreation Director; appointment; compensation. (1) The State Parks and Recreation Commission shall appoint as State Parks and Recreation Director an individual well qualified by training and experience to serve for a term of four years unless sooner removed by the commission.

(2) The director shall receive such salary as may be prescribed by law. In addition to salary, subject to applicable law regulating travel and expenses of state officers, the director shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties. [1989 c.904 §7]

390.130 [Formerly 366.180; 1979 c.186 §18; repealed by 1989 c.904 §48]

390.131 Duties of director. The State Parks and Recreation Director is the executive head of the State Parks and Recreation Department and shall:

(1) Be responsible to the State Parks and Recreation Commission for administration and enforcement of the duties, functions and powers imposed by law upon the commission and the department.

(2) Appoint, supervise and control all commission employees and, under policy direction of the commission, be responsible for all of the commission’s functions and activities.

(3) Establish such administrative divisions as are necessary to carry out properly the commission’s functions and activities.

(4) Contract with the Department of Transportation for the performance of such administrative services as the director considers appropriate. [1989 c.904 §8]

390.134 State Parks and Recreation Department Fund; sources; uses; advisory committee; rules; subaccounts. (1) As used in this section:

(a) “Camper” has the meaning given that term in ORS 801.180.

(b) “County” includes a metropolitan service district organized under ORS chapter 268, but only to the extent that the district has acquired, through title transfer, and is operating a park or recreation site of a county pursuant to an intergovernmental agreement.

(d) “Travel trailer” has the meaning given that term in ORS 801.565.

(2) The State Parks and Recreation Department Fund is established separate and distinct from the General Fund. Moneys in the fund are continuously appropriated to the State Parks and Recreation Department for the purposes provided by law. The fund shall consist of the following:

(a) All moneys placed in the fund as provided by law. Any interest or other income derived from the depositing or other investing of the fund must be credited to the fund.

(b) All registration fees received by the Department of Transportation for campers, motor homes and travel trailers that are transferred to the fund under ORS 366.512. The funds must be deposited in a separate subaccount established under subsection (3) of this section.

(3) Any moneys placed in the fund for a particular purpose may be placed in a separate subaccount within the fund. Each separate subaccount established under this subsection must be separately accounted for. Moneys placed in a subaccount must be used for the purposes for which they are deposited.

(4) All of the moneys in the fund except those moneys described in subsection (3), (5), (6), (7), (8) or (9) of this section must be deposited in a separate subaccount within the fund and used by the State Parks and Recreation Department for the acquisition, development, maintenance, care and use of park and recreation sites and for the maintenance and operation of the Oregon State Fair. The moneys in the subaccount under this subsection must be accounted for separately and stated separately in the State Parks and Recreation Department’s biennial budget.

(5)(a) Thirty-five percent of the amount transferred to the State Parks and Recreation Department under ORS 366.512 from the registration of travel trailers, campers and motor homes and under ORS 803.601 from recreational vehicle trip permits must be deposited in a separate subaccount within the fund to be distributed for the acquisition, development, maintenance, care and use of county park and recreation sites. The moneys in the subaccount under this paragraph must be accounted for separately. The following apply to the distribution of moneys under this paragraph:

(A) The moneys must be distributed among the several counties for the purposes described in this paragraph. The distribution shall be made at times determined by the State Parks and Recreation Department but must be made not less than once a year.

(B) The sums designated under this paragraph must be remitted to the county treasurers of the several counties by warrant.

(b) The department shall establish an advisory committee to advise the department in the performance of its duties under this subsection. The composition of the advisory committee under this subsection is as determined by the department by rule. In determining the composition of the advisory committee, the department shall attempt to provide reasonable representation for county officials or employees with responsibilities relating to county parks and recreation sites.

(c) The department, by rule, shall establish a program to provide moneys to counties for the acquisition, development, maintenance, care and use of county park and recreation sites. The rules under this paragraph shall provide for distribution of moneys based on use and need and, as the department determines necessary, on the need for the development and maintenance of facilities to provide camping sites for campers, motor homes and travel trailers.

(6) The department shall create a separate City and County Subaccount within the fund to be used to reimburse cities and counties as provided in ORS 390.290.

(7) The department shall create a separate rural Fire Protection District Subaccount to be used to provide funds for the fire protection districts as provided in ORS 390.290.

(8) Twelve percent of the amount transferred to the State Parks and Recreation Department Fund from the Parks Subaccount shall be used only to carry out the purposes and achievements described in ORS 390.135 (2) and (3) through the awarding of grants to regional or local government entities to acquire property for public parks, natural areas or outdoor recreation areas or to develop or improve public parks, natural areas or outdoor recreation areas. Moneys described in this subsection may not be used to pay the cost of administering grants or the cost of any Secretary of State audit required under section 4c, Article XV of the Oregon Constitution.

(9) If the amount transferred to the State Parks and Recreation Department Fund from the Parks Subaccount during a biennium is more than 150 percent of the amount that was transferred during the 2009-2011 biennium, the State Treasurer shall, during the next following biennium, deposit for use as described in subsection (8) of this section the amount required under subsection (8) of this section plus an amount equal to the difference between the amount deposited for use as described in subsection (8) of this section during the preceding biennium and 25 percent of the moneys transferred to the State Parks and Recreation Department Fund from the Parks Subaccount during the preceding biennium.

(10) Subsections (8) and (9) of this section apply only for biennia in which the Legislative Assembly does not require a greater percentage of the amount transferred to the State Parks and Recreation Department Fund from the Parks Subaccount to be used for the purposes described in subsection (8) of this section. The Legislative Assembly may not authorize the percentage of the amount transferred to the State Parks and Recreation Department Fund from the Parks Subaccount that is deposited for use as described in subsection (8) of this section in a biennium to be less than the percentage required to be deposited under subsections (8) and (9) of this section.

(11) On or before January 15 of each odd-numbered year, the State Parks and Recreation Director shall report to the Joint Committee on Ways and Means created by ORS 171.555 on the use of moneys deposited pursuant to ORS 805.256 in the fund. Notwithstanding ORS 192.230 to 192.250, the director shall make the report in a form and manner as the committee may prescribe.

(12) On or before January 15 of each odd-numbered year, the director shall submit a report to the Joint Committee on Ways and Means created by ORS 171.555 that describes the measurable biennial and cumulative results of activities and programs financed by moneys transferred to the State Parks and Recreation Department Fund from the Parks Subaccount. Notwithstanding ORS 192.230 to 192.250, the director shall make the report in a form and manner as the committee may prescribe. [1989 c.904 §9a; 1993 c.662 §2; 1993 c.696 §16; 1997 c.421 §4; 1997 c.721 §1; subsection (7) of 2001 Edition enacted as 2001 c.110 §2; 2003 c.14 §166; 2003 c.655 §74; 2005 c.22 §§265,266; 2005 c.755 §29; 2005 c.777 §§46,47; 2007 c.792 §1; 2009 c.11 §46; 2011 c.643 §4]

Note: The amendments to 390.134 by section 2, chapter 792, Oregon Laws 2007, become operative July 1, 2015. See section 3, chapter 792, Oregon Laws 2007. The text that is operative on and after July 1, 2015, including amendments by section 47, chapter 11, Oregon Laws 2009, and section 5, chapter 643, Oregon Laws 2011, is set forth for the user’s convenience.

390.134. (1) As used in this section:

(a) “Camper” has the meaning given that term in ORS 801.180.

(d) “Travel trailer” has the meaning given that term in ORS 801.565.

(a) All moneys placed in the fund as provided by law. Any interest or other income derived from the depositing or other investing of the fund must be credited to the fund.

(5)(a) Thirty percent of the amount transferred to the State Parks and Recreation Department under ORS 366.512 from the registration of travel trailers, campers and motor homes and under ORS 803.601 from recreational vehicle trip permits must be deposited in a separate subaccount within the fund to be distributed for the acquisition, development, maintenance, care and use of county park and recreation sites. The moneys in the subaccount under this paragraph must be accounted for separately. The following apply to the distribution of moneys under this paragraph:

(B) The sums designated under this paragraph must be remitted to the county treasurers of the several counties by warrant.

(6) The department shall create a separate City and County Subaccount within the fund to be used to reimburse cities and counties as provided in ORS 390.290.

(7) The department shall create a separate rural Fire Protection District Subaccount to be used to provide funds for the fire protection districts as provided in ORS 390.290.

390.135 Parks Subaccount; sources; uses. (1) Of the moneys deposited into the Parks and Natural Resources Fund created under ORS 541.940 from the Oregon State Lottery, 50 percent shall be deposited into a Parks Subaccount. The State Treasurer may invest and reinvest the moneys in the Parks Subaccount as provided in ORS 293.701 to 293.820. Interest from the moneys deposited in the Parks Subaccount and earnings from investment of the moneys in the subaccount shall be credited to the subaccount.

(2) Moneys deposited from the Oregon State Lottery to the Parks Subaccount may be used only for:

(a) Maintaining, constructing, improving, developing, managing and operating state parks, ocean shores, public beach access areas, historic sites, natural areas and outdoor and recreation areas;

(b) Acquiring real property, or interests in real property, that has significant natural, scenic, cultural, historic or recreational value for the creation or operation of state parks, ocean shores, public beach access areas, outdoor recreation areas and historic sites; and

(c) Providing grants to regional or local government entities to acquire property for public parks, natural areas or outdoor recreation areas or to develop or improve public parks, natural areas or outdoor recreation areas.

(3) All moneys in the Parks Subaccount shall be transferred to the State Parks and Recreation Department Fund and used to carry out the purposes described in subsection (2) of this section by achieving each of the following:

(a) Providing additional public parks, natural areas or outdoor recreation areas to meet the needs of current and future residents of this state.

(b) Protecting natural, cultural, historic and outdoor recreational resources of statewide or regional significance.

(c) Managing public parks, natural areas and outdoor recreation areas to ensure the long-term ecological health of those parks and areas and to provide for the enjoyment of those parks and areas by current and future residents of this state.

(d) Providing diverse and equitable opportunities for residents of this state to experience nature and to participate in outdoor recreational activities in state, regional, local or neighborhood public parks and recreation areas. [2011 c.643 §3]

390.137 State Parks and Recreation Department Operating Fund. (1) There is established in the State Parks and Recreation Department a revolving fund known as the State Parks and Recreation Department Operating Fund. Moneys shall be transferred from the State Parks and Recreation Department Fund to the State Parks and Recreation Department Operating Fund as needed.

(2) Parks Donation Trust Fund moneys shall be transferred to the State Parks and Recreation Department Operating Fund for disbursement for purposes stated in ORS 390.153 (2).

(3) Disbursements may be made by check of the department upon the State Treasurer signed by such officer or administrative head as the State Parks and Recreation Director appoints for that purpose. Disbursements shall be made only in payment of claims authorized by law for the ordinary expenditures of the State Parks and Recreation Department incurred in the operation of the department or any of its divisions. The department shall keep accurate account of the funds.

(4) Upon approval of the Oregon Department of Administrative Services and the State Treasurer, the State Parks and Recreation Department may contract to write checks upon the State Treasury to pay for claims and expenditures of the department. [1989 c.904 §9b]

390.139 Oregon Adopt-a-Park Program; funding; rules; agreement with volunteers. (1) The State Parks and Recreation Department shall administer a program designed to allow volunteers to assist in the operation and maintenance of Oregon’s state parks. The program shall include public informational activities, but shall be directed primarily toward encouraging and facilitating involvement of volunteers in park operation and maintenance, assigning each volunteer to a specific state park. The program shall be called the Oregon Adopt-a-Park Program.

(2) Private landowners with parks adjacent to their property are vital to the success of the Oregon Adopt-a-Park Program. The State Parks and Recreation Department shall ensure that participants in the program comply with requirements to obtain permission from landowners for access across private property if necessary to perform the volunteers’ duties.

(3) Program funding is an authorized use of the State Parks and Recreation Department Fund under ORS 390.134.

(4) The State Parks and Recreation Department may adopt any rules necessary for implementation of the Oregon Adopt-a-Park Program.

(5) An agreement entered into between the State Parks and Recreation Department and a volunteer under subsection (1) of this section shall include but need not be limited to:

(a) Identification of the designated state park. The volunteer may request a specific state park the volunteer wishes to adopt, but the assignment shall be at the discretion of the State Parks and Recreation Department. In assigning parks, the department shall coordinate and cooperate with affected federal, state and local management agencies and private landowners.

(b) Specification of the duties of the volunteer.

(c) Specification of the responsibilities of the volunteer. The volunteer shall agree to abide by all rules related to the program that are adopted by the State Parks and Recreation Department.

(d) Specification of the duration of the agreement. The volunteer shall contract to care for the designated state park for one year.

(6) The State Parks and Recreation Department shall create a recognition program to acknowledge the efforts of volunteers, agencies and businesses that participate in the Oregon Adopt-a-Park Program.

(7) The State Parks and Recreation Department may provide trash bags, supplies, equipment and safety information and assistance to the participating volunteers.

(8) As used in this section, “volunteer” may include an individual, a group of individuals, a volunteer group or service club, or any entity that is tax exempt under section 501(c)(3) of the Internal Revenue Code, as amended. [1997 c.718 §2; 1999 c.59 §103; 2003 c.14 §167]

390.140 Powers and duties of State Parks and Recreation Director. (1) Under the direction of the State Parks and Recreation Commission, the State Parks and Recreation Director shall:

(a) Study and appraise the recreation needs of this state and assemble and disseminate information relative to recreation, considering both tourist and local needs.

(b) Investigate the recreation facilities, personnel, activities and programs existing or needed in the various areas in this state and, by consultation with the appropriate public or private authorities in such areas, assist in the development and coordination of recreation facilities, activities and programs.

(c) Advise, cooperate with and encourage counties, cities, districts and other local agencies, areas and communities interested in the development and use of recreation facilities, activities and programs for the public benefit.

(d) Recommend and promote standards for recreation facilities, personnel, activities and programs.

(e) Aid in recruiting, training and placing recreation personnel.

(f) Promote recreation institutes and conferences.

(2) Under the direction of the commission, the State Parks and Recreation Director may:

(a) Encourage and render assistance in the promotion of training programs for volunteer and professional recreation leaders in cooperation with other public and private agencies, persons, groups, organizations and institutions interested in recreation, and encourage the establishment of standards for recreation personnel.

(b) Assist any state agency in rendering recreation services and carrying out recreation functions in conformity with the authorized powers and duties of such state agency, and encourage and assist in the coordination of federal, state and local recreation facilities, personnel, activities and programs. [Formerly 366.182; 1979 c.186 §19; 1989 c.904 §11]

390.143 Agreements to provide interpretive services to recreational facilities; authority under agreement; disposition of moneys. (1) In order to further the interpretive and educational functions of recreation facilities in Oregon, the State Parks and Recreation Director may enter into an agreement with a private, nonprofit scientific, historic or educational organization organized solely for the purpose of providing interpretive services to recreation facilities in Oregon.

(2) An organization entering into an agreement with the director under subsection (1) of this section may:

(a) Provide educational or interpretive material for sale at a recreation facility;

(b) Acquire display materials and equipment for exhibits at a recreation facility;

(d) Support recreation facility libraries; or

(e) Provide support for other interpretive projects related to a specific recreation facility.

(3) If the director enters into an agreement with a private organization under subsection (1) of this section, the State Parks and Recreation Department may:

(a) Provide incidental personnel services to the organization’s interpretive program; and

(b) Provide space at a recreation facility for the interpretive materials provided by the organization.

(4) Any money received from the sale of publications or other materials provided by an organization pursuant to an agreement entered into under this section shall be retained by the organization for use in the interpretive or educational services of the recreation facility for which the organization provides interpretive services.

(5) As used in this section, “recreation facility” includes but is not limited to state parks and all recreational, historical and scenic attractions owned or under the control of the State of Oregon and administered by the State Parks and Recreation Department. [1985 c.303 §2]

390.144 Rules for ORS 390.143. The State Parks and Recreation Director shall adopt rules to carry out the purpose of ORS 390.143. The rules shall include but need not be limited to:

(1) Procedures and forms to be used by an organization desiring to enter into an agreement with the director under ORS 390.143;

(2) Guidelines for approving the interpretive material an organization proposes to provide to a recreation facility; and

(3) Provisions for renewing or dissolving an agreement between an organization and the director. [1985 c.303 §3]

390.150 Gifts and grants for State Parks and Recreation Department. The State Parks and Recreation Department may accept and expend, use or dispose of moneys and property from any public or private source, including the federal government, made available to the department in the form of grants, gifts, devises, bequests or endowments for the purpose of carrying out any of the provisions and purposes of ORS 390.140 to 390.150 or to facilitate the carrying out of any of the functions of the State Parks and Recreation Director under ORS 390.140 to 390.150. [Formerly 366.183]

390.153 Parks Donation Trust Fund; sources; uses. (1) The Parks Donation Trust Fund is established as a fund in the State Treasury. All gifts or donations of money received by the State Parks and Recreation Department shall be deposited with the State Treasurer and credited by the treasurer to the fund. The treasurer may establish subaccounts in the fund established in this section if the treasurer determines that the terms of a gift or donation require a separate subaccount. Any interest or other income derived from the depositing or other investing of the fund shall be credited monthly to the fund except that interest or other income attributable to a subaccount shall be credited to that subaccount.

(2) Moneys in the Parks Donation Trust Fund and in any subaccount of the fund are continuously appropriated to the State Parks and Recreation Department for the purposes specified in the gift or donation or, if no specific purpose is specified, for park and recreation purposes determined by the State Parks and Recreation Commission. [1987 c.181 §1; 1989 c.904 §12]

390.155 Authority for State Parks and Recreation Department to accept gifts or donations. The State Parks and Recreation Department may accept gifts or donations of moneys or property to be used for specific or general park and recreational purposes. Subject to the terms specified in a gift or donation, the State Parks and Recreation Commission may authorize use of gifts or donations in a manner that, in the commission’s judgment, best carries out the intent of the gift or donation. [1987 c.181 §2]

390.160 [Formerly 366.350; 1977 c.556 §1; 1979 c.134 §2; 1979 c.186 §20; 1987 c.358 §1; 1989 c.550 §4; repealed by 1989 c.904 §48]

390.170 [Formerly 366.545; repealed by 1975 c.184 §1]

390.180 Standards for recreational planning and fund disbursement; rules; park master plans. (1) The State Parks and Recreation Director shall adopt rules that:

(a) Establish the standards the State Parks and Recreation Department shall use when that department:

(A) Performs comprehensive statewide recreational planning; or

(B) Disburses any moneys to regional or local governments or other state agencies under programs established under state or federal law.

(b) Establish a process for the development of a master plan for each state park, including public participation and coordination with affected local governments.

(c) Establish a master plan for each state park, including an assessment of resources and a determination of the capacity for public use and enjoyment of each park, that the State Parks and Recreation Department shall follow in its development and use of each park.

(d) Make state funding assistance available to regional or local governments that demonstrate cooperation with nonprofit veterans’ organizations for the construction and restoration of memorials honoring veterans and war memorials located on public property.

(2) The State Parks and Recreation Director shall submit an adopted state park master plan to the local government with land use planning responsibility for the subject park. [1979 c.637 §1; 1987 c.158 §67; 1997 c.604 §1; 2005 c.398 §1; 2011 c.643 §6]

390.190 Revolving fund. (1) A revolving fund not to exceed the aggregate amount of $100,000 may be established within the State Parks and Recreation Department Fund by a warrant drawn on any funds, other than General Fund, appropriated to or authorized for expenditure by the State Parks and Recreation Department.

(2) The fund shall be at the disposal of the State Parks and Recreation Department and may be used by the department:

(a) To compensate employees for salaries, travel expenses, relocation expenses and other work-related expenditures; and

(b) To pay for services, supplies and materials not to exceed $300 for any transaction.

(3) All vouchers for claims paid from the revolving fund shall be approved by the State Parks and Recreation Director. When claims are so approved and audited, warrants covering them shall be drawn in favor of the director and shall be used by the director to reimburse the fund. [1983 c.443 §7; 1989 c.904 §14]

390.195 Use of state correctional institution inmate labor for maintenance and improvement at state parks. (1) The State Parks and Recreation Department shall use state correctional institution inmate labor to improve, maintain and repair buildings and property at state parks and recreation areas whenever feasible. The provisions of ORS 279.835 to 279.855 and ORS chapters 279A, 279B and 279C do not apply to the use of state correctional institution inmate labor under this section.

(2) The State Parks and Recreation Director shall assign and supervise the work of the state inmates who are performing the work described in subsection (1) of this section.

(3) Nothing in this section is intended to exempt the State Parks and Recreation Department from the provisions of ORS 279.835 to 279.855 for any purpose other than the use of state correctional institution inmate labor. [1997 c.533 §1; 1999 c.59 §104; 2003 c.794 §270]

Note: 390.195 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

390.200 Authority of department to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181.534, the State Parks and Recreation Department may require the fingerprints of a person who:

(1)(a) Is employed or applying for employment by the department;

(b) Provides services or seeks to provide services to the department as a contractor or volunteer; or

(c) Is a licensee of the department or is applying for a license, or renewal of a license, that is issued by the department; and

(2) Is, or will be, working or providing services in a position:

(a) In which the person has direct access to persons under 18 years of age, elderly persons or persons with disabilities;

(b) In which the person is providing information technology services and has control over, or access to, information technology systems that would allow the person to harm the information technology systems or the information contained in the systems;

(c) In which the person has access to information, the disclosure of which is prohibited by state or federal laws, rules or regulations or information that is defined as confidential under state or federal laws, rules or regulations;

(d) That has payroll functions or in which the person has responsibility for receiving, receipting or depositing money or negotiable instruments, for billing, collections or other financial transactions, for sales or distribution of tickets or other instruments that can be exchanged for goods, services or access to events on department property or for purchasing or selling property or has access to property held in trust or to private property in the temporary custody of the state;

(e) In which the person has responsibility for auditing agency financial transactions;

(f) In which the person has access to personal information about employees, licensees or members of the public including Social Security numbers, dates of birth, driver license numbers, medical information, personal financial information or criminal background information;

(g) In which the person has access to tax or financial information of individuals or business entities;

(h) In which the person provides security, design or construction services for government buildings, grounds or facilities;

(i) In which the person may issue citations under ORS 390.050; or

(j) In which a person has key access to buildings and grounds that contain private property belonging or entrusted to exhibitors, promoters, licensees or event coordinators. [2005 c.730 §55; 2009 c.542 §1]

Note: 390.200 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

390.210 [Formerly 366.355; 1971 c.741 §37; 1987 c.158 §68; repealed by 1989 c.904 §48]

390.215 [1979 c.792 §2; 1987 c.158 §69; repealed by 1989 c.904 §48]

390.220 [Formerly 358.520; repealed by 1989 c.904 §48]

390.230 Fort Stevens Military Reservation; Clatsop Spit. (1) The right, title and interest of all state agencies, other than the State Fish and Wildlife Commission and political subdivisions, in the lands described in subsection (2) of this section are hereby vested in the State or Oregon by and through its State Parks and Recreation Department.

(2) All of the lands, together with the accretions thereto lying westerly of the east line of section 7, township 8 north, range 10 west, Willamette Meridian, Clatsop County, State of Oregon, extending northerly to the main channel of the Columbia River as it existed on May 19, 1967; bounded on the south by the south line of said section 7 extended westerly to the low water of the Pacific Ocean; and bounded on the north by the main channel of said Columbia River extended downstream to the Pacific Ocean. [1967 c.288 §§1,2]

390.231 Development of Crissey Field as state park. Consistent with ORS 390.010 and 390.180, the State Parks and Recreation Department shall develop a plan to make Crissey Field in Brookings a state park. The department may jointly develop the park with the State of California. [1999 c.562 §1]

Note: 390.231 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

390.232 Tax on government camping and recreational vehicle spaces. (1) If a local government, as defined by ORS 174.116, imposes a tax on the rental of privately owned camping or recreational vehicle spaces, the local government shall also impose that tax on the rental of camping or recreational vehicle spaces that are owned by the state or a local government.

(2) Notwithstanding any timeline imposed by a local government for remitting tax receipts, a tax collected by the state or a local government pursuant to this section may be held by the collecting agency until the amount of money held by the agency equals or exceeds $100. Once the amount held by the collecting agency equals or exceeds $100, the agency shall remit the tax collected at the next following reporting period established by the local government for payment of the tax. A local government may not assess any penalty or interest against the state or a local government that withholds payments pursuant to this subsection. [1993 c.819 §1; 2005 c.610 §1]

Note: 390.232 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Archaeological Sites and Historical Material)

390.235 Permits and conditions for excavation or removal of archaeological or historical material; rules; criminal penalty. (1)(a) A person may not excavate or alter an archaeological site on public lands, make an exploratory excavation on public lands to determine the presence of an archaeological site or remove from public lands any material of an archaeological, historical, prehistorical or anthropological nature without first obtaining a permit issued by the State Parks and Recreation Department.

(b) If a person who obtains a permit under this section intends to curate or arrange for alternate curation of an archaeological object that is uncovered during an archaeological investigation, the person must submit evidence to the State Historic Preservation Officer that the Oregon State Museum of Anthropology and the appropriate Indian tribe have approved the applicant’s curatorial facilities.

(c) No permit shall be effective without the approval of the state agency or local governing body charged with management of the public land on which the excavation is to be made, and without the approval of the appropriate Indian tribe.

(d) The State Parks and Recreation Director, with the advice of the Oregon Indian tribes and Executive Officer of the Commission on Indian Services, shall adopt rules governing the issuance of permits.

(e) Disputes under paragraphs (b) and (c) of this subsection shall be resolved in accordance with ORS 390.240.

(f) Before issuing a permit, the State Parks and Recreation Director shall consult with:

(A) The landowning or land managing agency; and

(B) If the archaeological site in question is associated with a prehistoric or historic native Indian culture:

(i) The Commission on Indian Services; and

(ii) The most appropriate Indian tribe.

(2) The State Parks and Recreation Department may issue a permit under subsection (1) of this section under the following circumstances:

(a) To a person conducting an excavation, examination or gathering of such material for the benefit of a recognized scientific or educational institution with a view to promoting the knowledge of archaeology or anthropology;

(b) To a qualified archaeologist to salvage such material from unavoidable destruction; or

(c) To a qualified archaeologist sponsored by a recognized institution of higher learning, private firm or an Indian tribe as defined in ORS 97.740.

(3) Any archaeological materials, with the exception of Indian human remains, funerary objects, sacred objects and objects of cultural patrimony, recovered by a person granted a permit under subsection (2) of this section shall be under the stewardship of the State of Oregon to be curated by the Oregon State Museum of Anthropology unless:

(a) The Oregon State Museum of Anthropology with the approval from the appropriate Indian tribe approves the alternate curatorial facilities selected by the permittee;

(b) The materials are made available for nondestructive research by scholars; and

(c)(A) The material is retained by a recognized scientific, educational or Indian tribal institution for whose benefit a permit was issued under subsection (2)(a) of this section;

(B) The State Board of Higher Education with the concurrence of the appropriate Indian tribe grants approval for material to be curated by an educational facility other than the institution that collected the material pursuant to a permit issued under subsection (2)(a) of this section; or

(C) The sponsoring institution or firm under subsection (2)(c) of this section furnishes the Oregon State Museum of Anthropology with a complete catalog of the material within six months after the material is collected.

(4) The Oregon State Museum of Anthropology shall have the authority to transfer permanent possessory rights in subject material to an appropriate Indian tribe.

(5) Except for sites containing human remains, funerary objects and objects of cultural patrimony as defined in ORS 358.905, or objects associated with a prehistoric Indian tribal culture, the permit required by subsection (1) of this section or by ORS 358.920 shall not be required for forestry operations on private lands for which notice has been filed with the State Forester under ORS 527.670.

(6) As used in this section:

(a) “Private firm” means any legal entity that:

(A) Has as a member of its staff a qualified archaeologist; or

(B) Contracts with a qualified archaeologist who acts as a consultant to the entity and provides the entity with archaeological expertise.

(b) “Qualified archaeologist” means a person who has the following qualifications:

(A) A post-graduate degree in archaeology, anthropology, history, classics or other germane discipline with a specialization in archaeology, or a documented equivalency of such a degree;

(B) Twelve weeks of supervised experience in basic archaeological field research, including both survey and excavation and four weeks of laboratory analysis or curating; and

(C) Has designed and executed an archaeological study, as evidenced by a Master of Arts or Master of Science thesis, or report equivalent in scope and quality, dealing with archaeological field research.

(7) Violation of the provisions of subsection (1)(a) of this section is a Class B misdemeanor. [Formerly 273.705; 1993 c.459 §12; 1995 c.543 §7; 1995 c.588 §2]

390.237 Removal without permit; exceptions. In addition to the provisions of ORS 273.241, if any individual or institution excavates or removes from the land designated in ORS 390.235 any materials of archaeological, historical, prehistorical or anthropological nature without obtaining the permit required in ORS 390.235, all materials and collections removed from such lands, with the exception of native Indian human remains, funerary goods, sacred objects and objects of cultural patrimony, which shall go directly to the appropriate Indian tribe, are under the stewardship of the State of Oregon and shall be assigned to the Oregon State Museum of Anthropology with the expressed approval of the appropriate Indian tribe. [Formerly 273.711; 1993 c.459 §13; 1995 c.543 §10]

390.240 Mediation and arbitration of disputes; rules. (1) The following disputes shall be submitted to mediation and if mediation is not successful to arbitration as described in this section:

(a) A dispute with regard to the issuance of an archaeological permit under ORS 390.235; or

(b) A dispute over the disposition of human skeletal remains or burial goods under ORS 97.750.

(2) The State Parks and Recreation Commission in consultation with the Mark O. Hatfield School of Government and the governing bodies of the Oregon Indian tribes shall adopt rules to establish mediation and arbitration procedures. [1993 c.459 §15; 2001 c.104 §129; 2003 c.598 §42; 2003 c.791 §§32,32a; 2005 c.817 §9]

COMMEMORATIVE COINS

390.245 Commemorative coins authorized; sale; use of proceeds. (1) The State Treasurer may issue commemorative coins for sale to the public. Such coins shall commemorate Oregon history, people or resources and shall not constitute legal tender and may include the use of the state seal of Oregon under ORS 186.023. If the State Treasurer decides to issue commemorative coins using the state seal, no private entity shall be authorized to use the state seal on any commemorative coins.

(2) All moneys received by the State Treasurer from the sale of commemorative coins shall be paid into the State Treasury and credited to a separate Commemorative Coin Account established within the State Parks and Recreation Department Fund. The State Treasurer is authorized to charge the account the reasonable expenses incurred in the design, production and sale of the coins.

(3) All moneys in the account, net of expenses charged, are appropriated continuously to the State Parks and Recreation Department for park land acquisition and development and for historical observances related to historical areas and sites. [1991 c.582 §2]

390.247 Design; contracted services. (1) The State Treasurer shall select or provide for the selection of the design of the commemorative coins described in ORS 390.245 and shall make such arrangements as the State Treasurer considers appropriate for the production and sale of the coins and shall provide for the production of coins in such numbers considered appropriate.

(2) In carrying out the State Treasurer’s duties, functions and powers with regard to the commemorative coins, the State Treasurer may contract for the performance of those duties, functions and powers. The contract may include, among other matters, provisions for advance payment or reimbursement for services performed pursuant to any such contract. All costs and expenses incurred pursuant to this section shall be paid from the Commemorative Coin Account established in ORS 390.245. [1991 c.582 §3]

LOCAL PARKS AND RECREATION SERVICES

(Jackson County)

390.250 Development of recreational use of lands by Jackson County; application for state funds. (1) In furtherance of the state policy declared in ORS 390.010, the governing body of Jackson County, Oregon, may prepare and adopt a plan to promote the public scenic, park and recreational use of lands along Bear Creek that lie within the boundaries of Jackson County. The county governing body may, in preparing any such plan, designate lands or interest in such lands situated within the county that the county and all cities described in subsection (2) of this section consider necessary for immediate or future acquisition for public use for scenic, park or recreational purposes.

(2) Each plan adopted under subsection (1) of this section shall be prepared in cooperation with and with the concurrence of all cities within the county that have lands within their respective boundaries that are adjacent or contiguous to Bear Creek.

(3) After the adoption of a plan under subsection (1) of this section, the governing body of a city in Jackson County or of Jackson County may apply to the State Parks and Recreation Department under ORS 390.255 for grants of money to be used by the city or county in the acquisition of lands or any interests therein to carry out any such plan. [1973 c.668 §1; 1989 c.904 §15]

390.255 Use of funds to acquire land interests; conditions of grants. (1) The State Parks and Recreation Department may enter into agreements with cities in Jackson County and with Jackson County and make grants of money from such funds as may be available therefor to assist them in acquiring any lands or any interest therein for scenic, park and recreational purposes in accordance with a plan adopted by the governing body of Jackson County. The grants of money that may be made by the department for the acquisition of any lands or interests shall not be less than 50 percent of such acquisition cost subject to availability of funds therefor. All remaining costs, including but not limited to future operation and maintenance costs, shall be borne by the city or county in a manner satisfactory to the department. No grant of money shall be made by the department under this subsection for any lands or interests acquired by a city or county prior to July 22, 1973.

(2) The department may require such information, as it considers advisable, from a city or the county applying for a grant of money under ORS 390.250 (3). The department may impose such conditions on the agreements entered into under subsection (1) of this section and on the use of moneys granted pursuant thereto as the department considers necessary in carrying out the state policy declared in ORS 390.010. [1973 c.668 §2; 1989 c.904 §16]

390.260 Application to Willamette River Greenway; restriction on condemnation to acquire lands. (1) Nothing in ORS 390.250 to 390.260 applies to the Willamette River Greenway created pursuant to ORS 390.310 to 390.368.

(2) No land to which ORS 390.250 to 390.260 are applicable shall be acquired by the exercise of the power of eminent domain. [1973 c.668 §3]

(Ocean Shores Lifesaving Services)

390.270 Definitions for ORS 390.270 to 390.290. As used in ORS 390.270 to 390.290:

(1) “Ocean shore” has the meaning given that term in ORS 390.605.

(2) “Rural fire protection district” means a district organized under or subject to ORS chapter 478. [1973 c.673 §1; 1985 c.395 §1; 1989 c.904 §17; 2001 c.104 §130]

390.275 Purpose of ORS 390.270 to 390.290. (1) The purpose of ORS 390.270 to 390.290 is to encourage cities, counties and rural fire protection districts to provide lifesaving services along the ocean shore.

(2) Any city, county or rural fire protection district that provides lifesaving services along the ocean shore may qualify for a matching fund grant for services and capital acquisitions under ORS 390.270 to 390.290. [1973 c.673 §2; 1985 c.395 §2]

390.280 Duties of State Parks and Recreation Department; grants for lifesaving services; minimum standards; rules. In addition to the other duties of the State Parks and Recreation Department, the department shall:

(1) Make grants to cities, counties and rural fire protection districts to reimburse them for funds used to make capital acquisitions for and pay expenses incurred in providing lifesaving services along the ocean shore as provided in ORS 390.285 and 390.290.

(2) Determine the eligibility of a city, county or rural fire protection district for, and the amounts of, such matching fund grants.

(3) Establish and adopt minimum standards for lifesaving services at such places.

(4) Advise governing bodies how to acquire and qualify for matching fund grants.

(5) Adopt rules to carry out ORS 390.270 to 390.290. [1973 c.673 §3; 1985 c.395 §3]

390.285 Application by local governing body for reimbursement; report of activities required. (1) To obtain a grant for reimbursement of the expenses incurred in providing lifesaving services along the ocean shore, a governing body of a city, county or rural fire protection district shall file with the State Parks and Recreation Department a request for reimbursement of funds used during the prior fiscal year for capital acquisitions made and to pay expenses incurred for direct program costs in providing such services. The request shall include:

(a) A detailed statement of the funds expended for such services or capital acquisitions during the prior fiscal year, and shall indicate the source of such funds; and

(b) Such other information as may be required by the department.

(2) To be entitled to continue to receive a grant for reimbursement as authorized by ORS 390.270 to 390.290, the city, county or rural fire protection district with its request to the department shall submit a report of the capital acquisitions made and the lifesaving services provided during the previous year. [1973 c.673 §4; 1985 c.395 §4]

390.290 Schedule for reimbursement of local governing bodies. (1) Expenditures made from city, county or rural fire protection district funds to provide lifesaving services along the ocean shore shall be reimbursed by the State Parks and Recreation Department in accordance with this section.

(2) Within the limit of the funds available therefor, there shall be paid to an applicant city, county or rural fire protection district, on account of expenditures subject to reimbursement, 75 percent of any amount in excess of $5,000 so expended from the funds of the applicant in the prior fiscal year.

(3) Upon approval of a request of a governing body, the department shall enter into a matching fund relationship to reimburse the funds used to pay expenses of providing such lifesaving services.

(4) When approved by the department, claims by a city or county for reimbursement under subsections (2) and (3) of this section shall be presented for payment and paid from the City and County Subaccount of the State Parks and Recreation Department Fund in the manner other claims against that account are paid; however, if in any fiscal year the aggregate amount of the grants approved exceeds the funds available in that subaccount for the purposes of ORS 390.270 to 390.290, the department shall prorate the available funds among the grants approved.

(5) When approved by the department, claims by a rural fire protection district under subsections (2) and (3) of this section shall be presented for payment and paid from the Fire Protection District Subaccount of the State Parks and Recreation Department Fund in the manner other claims against that account are paid. However, if in any fiscal year the aggregate amount of the grants approved exceeds the funds available in that subaccount for the purposes of ORS 390.270 to 390.290, the department shall prorate the available funds among the grants approved. [1973 c.673 §5; 1985 c.395 §5; 1989 c.904 §62]

(Tillamook State Forest Recreation Program)

390.295 Jurisdiction of State Forestry Department and State Parks and Recreation Department. The State Forestry Department shall retain primary responsibility for management of the Tillamook State Forest, provided, however, that the State Parks and Recreation Department is responsible for management of developed recreation facilities as identified in the recreation plan. [1991 c.889 §3]

Note: 390.295 and 390.300 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 390 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

390.300 Tillamook Forest Recreation Trust Account; sources; uses. (1) The Tillamook Forest Recreation Trust Account is established as a subaccount in the Parks Donation Trust Fund established pursuant to ORS 390.153. All gifts or donations of money received by the state for purposes of developing or implementing the recreation plan described in section 1, chapter 889, Oregon Laws 1991, shall be deposited with the State Treasurer and credited to the subaccount.

(2) Moneys in the Tillamook Forest Recreation Trust Account subaccount are continuously appropriated to the State Parks and Recreation Department for the purposes specified in the gift or donation or, if no purpose is specified, for purposes consistent with the recreation plan established under ORS 390.295 and this section. [1991 c.889 §5]

Note: See note under 390.295.

WILLAMETTE RIVER GREENWAY

(Generally)

390.310 Definitions for ORS 390.310 to 390.368. As used in ORS 390.310 to 390.368, unless the context requires otherwise:

(1) “Channel” includes any channel that flows water at ordinary low water.

(2) “Unit of local government” means an incorporated city, county or any other political subdivision of this state.

(3) “Willamette River” means that portion of the Willamette River, including all channels of the Willamette River, from its confluence with the Columbia River upstream to Dexter Dam and the Coast Fork of the Willamette River upstream to Cottage Grove Dam. [1967 c.551 §1; 1973 c.558 §2; 1989 c.904 §18; 2001 c.104 §131]

390.314 Legislative findings and policy. (1) The Legislative Assembly finds that, to protect and preserve the natural, scenic and recreational qualities of lands along the Willamette River, to preserve and restore historical sites, structures, facilities and objects on lands along the Willamette River for public education and enjoyment and to further the state policy established under ORS 390.010, it is in the public interest to develop and maintain a natural, scenic, historical and recreational greenway upon lands along the Willamette River to be known as the Willamette River Greenway.

(2) In providing for the development and maintenance of the Willamette River Greenway, the Legislative Assembly:

(a) Recognizing the need for coordinated planning for such greenway, finds it necessary to provide for development and implementation of a plan for such greenway through the cooperative efforts of the state and units of local government.

(b) Recognizing the need of the people of this state for existing residential, commercial and agricultural use of lands along the Willamette River, finds it necessary to permit the continuation of existing uses of lands that are included within such greenway; but, for the benefit of the people of this state, also to limit the intensification and change in the use of such lands so that such uses shall remain, to the greatest possible degree, compatible with the preservation of the natural, scenic, historical and recreational qualities of such lands.

(c) Recognizing that the use of lands for farm use is compatible with the purposes of the Willamette River Greenway, finds that the use of lands for farm use should be continued within the greenway without restriction.

(d) Recognizing the need for central coordination of such greenway for the best interests of all the people of this state, finds it necessary to place the responsibility for the coordination of the development and maintenance of such greenway in the State Parks and Recreation Department.

(e) Recognizing the lack of need for the acquisition of fee title to all lands along the Willamette River for exclusive public use for recreational purposes in such greenway, finds it necessary to limit the area within such greenway that may be acquired for state parks and recreation areas and for public recreational use within the boundaries of units of local government along the Willamette River. [1973 c.558 §1]

390.318 Preparation of development and management plan; content of plan. (1) The State Parks and Recreation Department, in cooperation with units of local government that have lands along the Willamette River within their respective boundaries, shall prepare a plan for the development and management of the Willamette River Greenway as described in ORS 390.314. Such plan may be prepared for segments of the Willamette River and may be submitted as segments for approval under ORS 390.322. Such plan shall specify the boundaries of the Willamette River Greenway and the lands and interests in land situated within such boundaries to be acquired in the development of such greenway. There shall be included within the boundaries of the Willamette River Greenway all lands situated within 150 feet from the ordinary low water line on each side of each channel of the Willamette River and such other lands along the Willamette River as the department and units of local government consider necessary for the development of such greenway; however, the total area included within the boundaries of such greenway shall not exceed, on the average, 320 acres per river mile along the Willamette River. The Willamette River Greenway shall also include all islands and all state parks and recreation areas situated along the Willamette River; however, for the purposes of computing the maximum acreage of lands within such greenway, the acreage of lands situated on such islands and within such state parks and recreation areas shall be excluded.

(2) The plan prepared pursuant to subsection (1) of this section, shall depict, through the use of descriptions, maps, charts and other explanatory materials:

(a) The boundaries of the Willamette River Greenway.

(b) The boundaries of lands acquired or to be acquired as state parks and recreation areas under ORS 390.338.

(c) The lands and interests in lands acquired or to be acquired by units of local government under ORS 390.330 to 390.360.

(d) Lands within the Willamette River Greenway for which the acquisition of a scenic easement, as provided in ORS 390.332, is sufficient for the purposes of such greenway.

(3) The plan shall include the location of all known subsurface mineral aggregate deposits situated on lands within the boundaries of the Willamette River Greenway. [1973 c.558 §3; 1989 c.904 §19]

390.320 [1967 c.551 §2; 1973 c.87 §1; repealed by 1973 c.558 §17]

390.322 Submission of plan to Land Conservation and Development Commission; revision, approval and distribution of plan. (1) Following the preparation of the plan or any segment thereof under ORS 390.318, the State Parks and Recreation Department shall submit such plan or segment to the Land Conservation and Development Commission. The commission shall investigate and review such plan or segment as it considers necessary. If the commission finds that the plan or segment complies with ORS 390.310 to 390.368, it shall approve the plan or segment. If the commission finds revision of any part of the submitted plan or segment to be necessary, it may revise the plan or segment itself or require such revision by the department and units of local government.

(2) Upon approval of the plan for the Willamette River Greenway or segment thereof, the commission shall cause copies of such plan or segment to be filed with the recording officer for each county having lands within the Willamette River Greenway situated within its boundaries. Such plan or segment filed as required by this subsection shall be retained in the office of the county recording officer open for public inspection during reasonable business hours.

(3) If the plan for the Willamette River Greenway is prepared and approved in segments, the total of all such approved segments shall constitute the plan for the Willamette River Greenway for the purposes of ORS 390.310 to 390.368. The department and units of local government, with the approval of the commission, may revise the plan for the Willamette River Greenway from time to time. [1973 c.558 §4]

390.330 Grants for acquisition of lands by local government units; acquisition of water rights or use of condemnation powers limited. (1) The State Parks and Recreation Department may enter into agreements with units of local government and make grants of money to assist units of local government in acquiring lands or any interest in lands situated within the boundaries of the Willamette River Greenway for exclusive public use for scenic and recreational purposes and to assist units of local government in preserving and restoring historical sites, structures, facilities and objects on lands along the Willamette River as may be determined by the department to be in accordance with the plan approved under ORS 390.322 and to further the purposes of the Willamette River Greenway as set forth in ORS 390.314. Each such agreement shall provide for the transfer by the department to the unit of local government of any scenic or public easement acquired by the department under ORS 390.310 to 390.368 with respect to lands acquired by the unit of local government under this section. The grants of money that may be made by the department for any property or property rights or for the initial preservation and restoration of historical sites, structures, facilities and objects shall not exceed 50 percent of the cost thereof. All remaining costs, including future operation and maintenance, shall be borne by the unit or units of local government in a manner satisfactory to the department. No grant of money shall be made by the department for property acquired by any unit of local government prior to June 30, 1967, or for costs incurred by any unit of local government prior to October 5, 1973, in the preservation and restoration of historical sites, structures, facilities and objects.

(2) Except as provided in subsection (3) of this section, a unit of local government is not authorized, for the purposes of this section, to acquire water rights or installations used in connection with such water rights or to acquire any property or property rights by condemnation.

(3) A city, in the acquisition of any property or property rights within the boundaries of the Willamette River Greenway with grants of money made under this section, may use any power of condemnation otherwise provided by law for use by the city in such acquisition. [1967 c.551 §3; 1973 c.87 §2; 1973 c.558 §10; 1989 c.904 §20]

(Land Acquisition)

390.332 Acquisition of scenic easements near Willamette River; nature of easement; restriction on use of condemnation. (1) Except as otherwise provided in subsection (4) of this section, the State Parks and Recreation Department may acquire scenic easements on any lands situated within 150 feet from the ordinary low water line on each side of each channel of the Willamette River and on any lands situated within 150 feet from the ordinary low water line of each island within the Willamette River. The department may acquire such easements by any method, including but not limited to the exercise of the power of eminent domain.

(2) Each scenic easement acquired under subsection (1) of this section shall:

(a) Be designed to preserve the vegetation along the Willamette River and the natural and scenic qualities of the lands subject to such easements and authorize the department, at its own expense, to engage in natural vegetative landscaping on such lands to enhance the natural and scenic qualities of such lands.

(b) Require the owner of the lands subject to such easement to carry on the use of such lands in a manner to preserve the existing vegetation and natural and scenic qualities of such lands and require the repair by the department, at its own expense, of any damage resulting from natural causes to vegetation on such lands.

(c) Not provide for public access or use of the lands subject to such easement, if such easement was acquired by the department through the exercise of the power of eminent domain.

(d) Provide that any subsequent farm use, as defined in ORS 215.203 (2), of the land subject to such easement is compatible with the purposes of the Willamette River Greenway and that any restrictions on the use of the land under such easement are suspended while such land is devoted to such farm use.

(e) Prevent the change in use of the lands subject to such easements except with the consent of the department and in accordance with the conditions imposed with such consent. The consent of the department and the conditions imposed therewith shall be in accordance with the intent and purposes of the Willamette River Greenway.

(3) Each scenic easement acquired under this section on lands that, on the date of the acquisition of such easement, were a part of a larger tract of land not subject to a scenic easement under ORS 390.310 to 390.368, shall provide for the right of the department to acquire fee title to the lands subject to such easement upon a change in the use of the lands in the remainder of such tract that is inconsistent with such scenic easement under ORS 390.310 to 390.368.

(4) The department may not acquire, through the exercise of the power of eminent domain, scenic easements under subsection (1) of this section on any lands that on October 5, 1973, were devoted to farm use, as defined in ORS 215.203 (2) or were a portion of a larger tract of land under single ownership that is devoted to such use. Upon a change in the use of any such lands from farm use, the department may acquire scenic easements in such lands as provided in ORS 390.334. Nothing in this subsection is intended to limit the power of the department to acquire, by any means other than the exercise of the power of eminent domain, a scenic easement on lands described in this subsection while such lands are devoted to such farm use. [1973 c.558 §5; 2003 c.14 §168]

390.334 Acquisition of scenic easements in lands subject to development plan; farmlands not to be acquired by condemnation; nature of easement; acquisition of other interests. (1) Except as otherwise provided in subsection (2) of this section, after the date of the approval of the plan for the Willamette River Greenway or any segment thereof under ORS 390.322, the State Parks and Recreation Department may acquire scenic easements in any lands described in such plan or segment pursuant to ORS 390.318 (2)(d). Each such easement may be acquired by any means, including but not limited to the exercise of the power of eminent domain.

(2) The department shall not acquire, through the exercise of the power of eminent domain, scenic easements in any lands situated within the boundaries of the Willamette River Greenway that are devoted to farm use on October 5, 1973, while such lands remain devoted to farm use. Upon a change in the use of any such lands from farm use, the department may acquire scenic easements in such lands as provided in subsection (1) of this section. Nothing in this subsection is intended to limit the power of the department to acquire, by any means other than the exercise of the power of eminent domain, a scenic easement on lands described in this subsection while such lands are devoted to such farm use. For the purpose of this subsection, “farm use” has the meaning given that term in ORS 215.203 (2).

(3) Each scenic easement acquired under subsection (1) of this section shall:

(a) Specify the use of the land existing on the date of the acquisition of the easement and permit the continuation of such use while the land is subject to such easement.

(b) With respect to scenic easements acquired through the exercise of the power of eminent domain, not provide for any rights of public access to or use of such lands under such easements.

(c) Provide that any subsequent farm use, as defined in ORS 215.203 (2), of the land subject to such easement is compatible with the purposes of the Willamette River Greenway and that any restrictions on the use of the land under such easement are suspended while such land is devoted to such farm use.

(d) Prevent the change in use of the lands subject to such easements except with the consent of the department and in accordance with the conditions imposed with such consent. The consent of the department and the conditions imposed therewith shall be in accordance with the intent and purposes of the Willamette River Greenway.

(4) In addition to a scenic easement acquired by the department under this section, the department may acquire, by any means other than the exercise of the power of eminent domain, a public easement providing for public access and use of such lands.

(5) At any time after the approval of the plan for the Willamette River Greenway or any segment thereof under ORS 390.322, the department may acquire, by any means other than the exercise of the power of eminent domain, lands or interests therein that are situated outside the boundaries of the Willamette River Greenway or the segment thereof as approved. Each such acquisition shall be designed to preserve the natural or scenic character of such lands in conjunction with the lands within the boundaries of the Willamette River Greenway. [1973 c.558 §6]

390.338 Limitations on use of condemnation power; acquisition of certain farmlands; disposition of acquired lands; compensation for acquired lands. (1) Notwithstanding ORS 390.121, the State Parks and Recreation Department may only exercise the power of eminent domain in the acquisition of lands or interests therein that are situated within the boundaries of the Willamette River Greenway for state parks or recreation areas in the parcels of land described in section 8a, chapter 558, Oregon Laws 1973.

(2) If any land acquired by the department under subsection (1) or (4) of this section is a part of a larger tract of land devoted to farm use on the date of the acquisition of such portion of the tract and such acquisition would render uneconomic an otherwise economic farming unit on the whole tract of land, upon the request of the owner of such tract of land, the department shall purchase the entire tract of land. The department shall, whenever practicable, acquire the remainder of any such tract of land with state funds so that the subsequent disposition of any such land will not be subject to restrictions imposed under agreements made for the receipt of nonstate funds otherwise available for the acquisition of such lands.

(3) The department may dispose of lands acquired pursuant to subsection (2) of this section that are located outside the boundaries of the Willamette River Greenway as it considers advisable. However, the disposition of any such lands must comply with the laws of this state and the applicable provisions of any agreement by which the department acquired funds for the purchase of such lands.

(4) Notwithstanding ORS 390.121, the department may only acquire, by any means other than the exercise of eminent domain, for state parks and recreation areas, lands and interests in lands that are situated within the boundaries of the Willamette River Greenway and that are situated outside the boundaries of the parcels of land described in section 8a, chapter 558, Oregon Laws 1973.

(5) In the acquisition of any lands pursuant to subsections (1), (2) and (4) of this section, the department shall include in the compensation and damages, if any, paid for such lands:

(a) As a part of the compensation, in valuing such lands as a whole, paid for any such lands acquired without condemnation proceedings initiated as provided in ORS 35.235, the estimated market value of economically extractable subsurface mineral aggregate deposits of reasonably foreseeable demand known to exist in such lands or shown by the owner to exist in such lands.

(b) As a part of the compensation and damages, if any, in valuing such lands as a whole, for the appropriation of any such lands, acquired by the department after the commencement of condemnation proceedings under ORS 35.235 but not pursuant to an award in a condemnation action initiated under ORS 35.245, the estimated market value of economically extractable subsurface mineral aggregate deposits of reasonably foreseeable demand agreed upon by the department and the owner of lands so acquired.

(c) As a part of the true value and damages, in valuing such lands as a whole, for the appropriation of such lands acquired by award in a condemnation action initiated under ORS 35.245, the estimated market value of economically extractable subsurface mineral aggregate deposits of reasonably foreseeable demand alleged in the answer of the defendant made pursuant to ORS 35.295 and proved by the defendant as a matter of defense to be a part of the true value of such lands so acquired.

(6) This section does not apply to the acquisition of any lands or interests therein acquired for state parks or recreation areas prior to October 5, 1973, and to any lands or interests in land subject to a legally enforceable option held by the state on October 5, 1973, for the purposes of the acquisition of such lands or interests for state parks and recreation areas. [1973 c.558 §8; 1989 c.904 §21]

(Miscellaneous)

390.340 Department rules. The State Parks and Recreation Department shall make and promulgate rules and regulations that it considers necessary in carrying out ORS 390.310 to 390.368. [1967 c.551 §4; 1973 c.558 §11]

390.350 Intergovernmental agreements; use of gifts and grants. Units of local government may enter into agreements with the State Parks and Recreation Department and with each other in carrying out the purposes of the Willamette River Greenway, and may accept and use gifts and grants from the department or others. [1967 c.551 §5; 1973 c.558 §12]

390.360 Title to, and use and disposition of, lands acquired by local governmental units. All lands or interests in lands acquired and all historical sites, structures, facilities and objects preserved and restored by the units of local government pursuant to ORS 390.330 with grants of money from the State Parks and Recreation Department, may be used only for the purposes of the Willamette River Greenway as set forth in ORS 390.314, unless a different use is authorized by the department. Title to the lands or interest therein so acquired shall be held by the unit of local government acquiring the same. Such lands or interest therein and such historical sites, structures, facilities and objects preserved and restored shall never be disposed of or sold except upon the approval and consent of the department. [1967 c.551 §6; 1973 c.87 §3; 1973 c.558 §13; 1989 c.904 §22]

390.364 Taxation of lands subject to scenic easements. For ad valorem tax purposes, land that is subject to a scenic easement acquired under ORS 390.332 or a scenic or public easement acquired under ORS 390.334 shall be valued at its real market value, less any reduction in value caused by the easement, and assessed in accordance with ORS 308.232. The easements shall be exempt from assessment and taxation as any land owned by the state is so exempt. [1973 c.558 §7; 1981 c.804 §98; 1991 c.459 §393]

390.368 Authority to contract landscaping and repair of damage to lands subject to scenic easement. In carrying out the purposes of ORS 390.310 to 390.368 the State Parks and Recreation Department may enter into contracts with any agency of the United States, this state or a political subdivision thereof, or with any private person, agency or corporation to perform natural vegetative landscaping or to perform work to restore damage resulting from natural causes to vegetation on any land subject to a scenic easement within the boundaries of the Willamette River Greenway in accordance with the terms of the scenic easement acquired on such land. [1973 c.558 §9]

390.410 [Formerly 358.610; repealed by 1987 c.14 §12]

390.415 [1977 c.482 §2; repealed by 1987 c.14 §12]

390.420 [Formerly 358.615; 1969 c.314 §31; 1977 c.482 §4; repealed by 1987 c.14 §12]

390.430 [Formerly 358.620; 1977 c.482 §5; repealed by 1987 c.14 §12]

390.440 [Formerly 358.625; repealed by 1977 c.482 §6]

390.450 [Formerly 358.630; repealed by 1987 c.14 §12]

390.460 [1977 c.482 §3; repealed by 1987 c.14 §12]

390.500 [1987 c.14 §1; renumbered 196.150 in 1989]

390.505 [1987 c.14 §2; renumbered 196.155 in 1989]

390.510 [1987 c.14 §§3,4; 1989 c.171 §47; renumbered 196.160 in 1989]

390.515 [1987 c.14 §5; renumbered in 196.165 in 1989]

ALL-TERRAIN VEHICLES

390.550 Definitions. As used in this chapter:

(1) “Class I all-terrain vehicle” has the meaning given that term in ORS 801.190.

(2) “Class II all-terrain vehicle” has the meaning given that term in ORS 801.193.

(3) “Class III all-terrain vehicle” has the meaning given that term in ORS 801.194.

(4) “Class IV all-terrain vehicle” has the meaning given that term in ORS 801.194 (2). [1999 c.977 §2; 2011 c.360 §7]

390.555 All-Terrain Vehicle Account; sources. The All-Terrain Vehicle Account is established as a separate account in the State Parks and Recreation Department Fund, to be accounted for separately. Interest earned by the All-Terrain Vehicle Account shall be credited to the account. After deduction of expenses of collection, transfer and administration, including the expenses of establishment and operation of Class I, Class III and Class IV all-terrain vehicle safety education courses and examinations under ORS 390.570, 390.575 and 390.577, the following moneys shall be transferred to the account:

(1) Fees collected by the State Parks and Recreation Department for issuance of operating permits for all-terrain vehicles under ORS 390.580 and 390.590.

(2) Fees collected by the department from participants in the Class I, Class III and Class IV all-terrain vehicle safety education courses under ORS 390.570, 390.575 and 390.577.

(3) The moneys transferred from the Department of Transportation under ORS 802.125 that represent unrefunded fuel tax. [1999 c.977 §3; 2007 c.887 §10; 2011 c.360 §7a]

390.560 Uses of All-Terrain Vehicle Account. Moneys in the All-Terrain Vehicle Account established under ORS 390.555 shall be used for the following purposes only:

(1) In each 12-month period, no less than 10 percent of the moneys described in ORS 390.555 that are attributable to Class I all-terrain vehicles shall be transferred to the Department of Transportation for the development and maintenance of snowmobile facilities as provided in ORS 802.110;

(2) Planning, promoting and implementing a statewide all-terrain vehicle program, including the acquisition, development and maintenance of all-terrain vehicle recreation areas;

(3) Education and safety training for all-terrain vehicle operators;

(4) Provision of first aid and police services related to all-terrain vehicle recreation;

(5) Paying the costs of instigating, developing or promoting new programs for all-terrain vehicle users and of advising people of possible usage areas for all-terrain vehicles;

(6) Paying the costs of coordinating between all-terrain vehicle user groups and the managers of public lands;

(7) Paying the costs of providing consultation and guidance to all-terrain vehicle user programs;

(8) Paying the costs of administration of the all-terrain vehicle programs, including staff support provided under ORS 390.565 as requested by the All-Terrain Vehicle Advisory Committee;

(9) Paying the costs of law enforcement activities related to the operation of all-terrain vehicles. The State Parks and Recreation Department shall determine the amount required for law enforcement activities and the intervals at which the moneys shall be distributed. The funds available shall be apportioned according to the terms of an intergovernmental agreement entered into between the State Parks and Recreation Department and a city, the Department of State Police or the sheriff of a county; and

(10) Control and eradication of invasive species related to all-terrain vehicle recreation. [1999 c.977 §4; 2005 c.22 §267; 2007 c.887 §9; 2009 c.812 §1; 2009 c.825 §5; 2011 c.360 §8]

390.565 All-Terrain Vehicle Advisory Committee; appointment; term; duties. (1) The All-Terrain Vehicle Advisory Committee is established. The committee shall consist of 14 voting members and one nonvoting member appointed by the State Parks and Recreation Commission for a term of four years. Members are eligible for reappointment and vacancies may be filled by the commission. A majority of members constitutes a quorum for the transaction of business.

(2) Of the voting members of the committee:

(a) One shall be a representative of a Class I all-terrain vehicle user organization.

(b) One shall be a representative of a Class II all-terrain vehicle user organization.

(d) One shall be a representative of a Class IV all-terrain vehicle user organization.

(e) One shall be an all-terrain vehicle dealer.

(f) One shall be an at-large all-terrain vehicle user.

(g) One shall be a representative of the United States Forest Service who is knowledgeable about all-terrain vehicle recreation areas on federal lands.

(h) One shall be a representative of the Bureau of Land Management who is knowledgeable about all-terrain vehicle recreation areas on federal lands.

(i) One shall be a representative of the Department of Transportation who is knowledgeable about transportation safety.

(j) One shall be a representative of the State Forestry Department who is knowledgeable about all-terrain vehicle recreation areas on state lands.

(k) One shall be a representative of the Department of Human Services who is knowledgeable about public health and safety.

(L) One shall be a representative of a law enforcement agency who is knowledgeable about and active in enforcement of all-terrain vehicle laws.

(m) One shall be a representative of the State Department of Fish and Wildlife who is knowledgeable about all-terrain vehicle activities and the use of all-terrain vehicles in hunting and fishing.

(n) One shall be a person who represents persons with disabilities.

(3) One representative from the State Parks and Recreation Department shall be a nonvoting member of the committee.

(4) The committee shall:

(a) Review accidents and fatalities resulting from all-terrain vehicle recreation and make recommendations to the State Parks and Recreation Commission.

(b) Review changes to statutory vehicle classifications as necessary for safety considerations and make recommendations to the commission.

(d) Recommend appropriate safety requirements to protect child operators and riders of off-highway vehicles to the commission.

(5)(a) A subcommittee of the All-Terrain Vehicle Advisory Committee, titled the All-Terrain Vehicle Grant Subcommittee, shall be established consisting of the following members:

(A) The representative of a Class I all-terrain vehicle user organization.

(B) The representative of a Class II all-terrain vehicle user organization.

(D) The representative of a Class IV all-terrain vehicle user organization.

(E) The at-large all-terrain vehicle user.

(F) The representative of a law enforcement agency.

(G) The representative of persons with disabilities.

(b) The All-Terrain Vehicle Grant Subcommittee shall:

(A) Advise the State Parks and Recreation Department on the allocation of moneys in the All-Terrain Vehicle Account established by ORS 390.555; and

(B) Review grant proposals and make recommendations to the commission as to which projects should receive grant funding.

(c) Recommendations under this subsection on grant proposals must receive an affirmative vote from at least four of the members of the subcommittee.

(6) The State Parks and Recreation Department shall provide staff support for the committee and shall provide for expansion of programs for all-terrain vehicle users. [1999 c.977 §5; 2009 c.812 §2; 2011 c.360 §9]

390.570 Class I all-terrain vehicle operator permits; issuance; safety education courses; rules; fee. (1) The State Parks and Recreation Department shall issue or provide for issuance of a Class I all-terrain vehicle operator permit to any person who:

(a) Has taken a Class I all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class I all-terrain vehicle; or

(b) Is at least 16 years of age, has five or more years of experience operating a Class I all-terrain vehicle and passes an equivalency examination.

(2) The department shall adopt rules to provide for Class I all-terrain vehicle safety education courses, equivalency examinations and the issuance of Class I all-terrain vehicle operator permits consistent with this section. The rules adopted by the department shall be consistent with the following:

(a) The courses must be given by instructors designated by the department as qualified to conduct the courses and issue the permits.

(b) The instructors may be provided and permits issued through public or private local and state organizations meeting qualifications established by the department.

(c) The department may collect a fee of not more than $5 from each participant in a course established under this section. [1999 c.977 §6; 2007 c.887 §11]

390.575 Class III all-terrain vehicle operator permits; issuance; safety education courses; rules; fee. (1) The State Parks and Recreation Department shall issue or provide for issuance of a Class III all-terrain vehicle operator permit to any person who:

(a) Has taken a Class III all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class III all-terrain vehicle; or

(b) Is at least 16 years of age, has five or more years of experience operating a Class III all-terrain vehicle and passes an equivalency examination.

(2) The department shall adopt rules to provide for Class III all-terrain vehicle safety education courses, equivalency examinations and the issuance of Class III all-terrain vehicle operator permits consistent with this section. The rules adopted by the department shall be consistent with the following:

(a) The courses must be given by instructors designated by the department as qualified to conduct the courses and issue the permits.

(b) The instructors may be provided and permits issued through public or private local and state organizations meeting qualifications established by the department.

(c) The department may collect a fee of not more than $5 from each participant in a course established under this section. [1999 c.977 §7; 2007 c.887 §12]

390.577 Class IV all-terrain vehicle operator permit; rules; fees. (1) The State Parks and Recreation Department shall issue or provide for issuance of a Class IV all-terrain vehicle operator permit to any person who has taken a Class IV all-terrain vehicle safety education course established under this section and has been found qualified to operate a Class IV all-terrain vehicle.

(2) The department shall adopt rules to provide for Class IV all-terrain vehicle safety education courses, equivalency examinations and the issuance of Class IV all-terrain vehicle operator permits consistent with this section. The rules adopted by the department shall be consistent with the following:

(a) The courses must be given by instructors designated by the department as qualified to conduct the courses and issue the permits.

(b) The instructors may be provided and permits issued through public or private local and state organizations meeting qualifications established by the department.

(c) The department may collect a fee of not more than $5 from each participant in a course established under this section. [2011 c.360 §6b]

Note: 390.577 becomes operative July 1, 2012. See section 6c, chapter 360, Oregon Laws 2011.

390.580 All-terrain vehicle operating permit; rules; application; fees; renewal. (1)(a) An all-terrain vehicle off-road operating permit issued under this section is a decal that authorizes use of the all-terrain vehicle for which it is issued on trails and in areas designated for such use by the appropriate authority.

(b) An all-terrain vehicle decal issued under this section must be permanently affixed to the vehicle and displayed in a clearly visible manner. The State Parks and Recreation Department shall prescribe by rule the manner in which the decal shall be displayed.

(2) The department shall issue an all-terrain vehicle off-road operating permit to any person who completes the application described in subsection (4) of this section and pays the fee specified in subsection (5) of this section.

(3) The department shall specify by rule the form of the permit and the information to be contained on the permit.

(4) Application for an all-terrain vehicle off-road operating permit for a Class I, Class II, Class III or Class IV all-terrain vehicle shall be in a form furnished by the department. The application shall include:

(a) The name and address of the owner of the all-terrain vehicle; and

(b) The make and body style of the all-terrain vehicle for which application is made.

(5) The department shall establish by rule a fee for a permit issued or renewed under this section. The fee shall be designed to cover the costs to the department for issuing or renewing permits under this section but shall not exceed $10.

(6) Permits issued under this section are valid for two years. A permit may be renewed upon submission of an application that contains the information specified in subsection (4) of this section and payment of the renewal fee specified in subsection (5) of this section.

(7) The department may appoint agents to issue permits for all-terrain vehicles. The department shall prescribe the procedure for the issuance of the permits. Agents appointed under this subsection shall issue permits in accordance with the prescribed procedure and shall charge and collect the fees prescribed in this section for the permits. [1999 c.977 §8; 2011 c.360 §10]

390.585 Rules. (1) The State Parks and Recreation Department may adopt rules necessary for carrying out the duties imposed by ORS 390.550 to 390.590.

(2) The department shall adopt rules establishing rider fit guidelines to ensure that an all-terrain vehicle properly fits the operator of the vehicle. [1999 c.977 §9; 2007 c.887 §8]

390.590 Out-of-state all-terrain vehicle permit; qualifications; duration; application; fee. (1) An out-of-state all-terrain vehicle operating permit is a vehicle permit that is issued as evidence of a grant of authority to operate in this state an all-terrain vehicle that is owned by a resident of another state.

(2) The State Parks and Recreation Department shall establish a program for the issuance of out-of-state all-terrain vehicle permits under this section. The program established by the department shall comply with all of the following:

(a) A permit may only be issued for all-terrain vehicles owned by the resident of another state where registration is not required by law.

(b) A permit is valid for not more than two years.

(d) The fee for issuance of a permit shall be $10. [1999 c.977 §10]

OCEAN SHORES; STATE RECREATION AREAS

(General Provisions)

390.605 Definitions. 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) “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) “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) “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. [Formerly 274.065 and then 390.710; 1989 c.904 §23; 1999 c.373 §2]

390.610 Policy. (1) The Legislative Assembly hereby declares it is the public policy of the State of Oregon to forever preserve and maintain the sovereignty of the state heretofore legally existing over the ocean shore of the state from the Columbia River on the north to the Oregon-California line on the south so that the public may have the free and uninterrupted use thereof.

(2) The Legislative Assembly recognizes that over the years the public has made frequent and uninterrupted use of the ocean shore and recognizes, further, that where such use has been legally sufficient to create rights or easements in the public through dedication, prescription, grant or otherwise, that it is in the public interest to protect and preserve such public rights or easements as a permanent part of Oregon’s recreational resources.

(3) Accordingly, the Legislative Assembly hereby declares that all public rights or easements legally acquired in those lands described in subsection (2) of this section are confirmed and declared vested exclusively in the State of Oregon and shall be held and administered as state recreation areas.

(4) The Legislative Assembly further declares that it is in the public interest to do whatever is necessary to preserve and protect scenic and recreational use of Oregon’s ocean shore. [1967 c.601 §§1,2(1),(2),(3); 1969 c.601 §4]

390.615 Ownership of Pacific shore; declaration as state recreation area. Ownership of the shore of the Pacific Ocean between ordinary high tide and extreme low tide, and from the Oregon and Washington state line on the north to the Oregon and California state line on the south, excepting such portions as may have been disposed of by the state prior to July 5, 1947, is vested in the State of Oregon, and is declared to be a state recreation area. No portion of such ocean shore shall be alienated by any of the agencies of the state except as provided by law. [Formerly 274.070 and then 390.720]

390.620 Pacific shore not to be alienated; judicial confirmation. (1) No portion of the lands described by ORS 390.610 or any interest either therein now or hereafter acquired by the State of Oregon or any political subdivision thereof shall be alienated except as expressly provided by state law. The State Parks and Recreation Department and the State Land Board shall have concurrent jurisdiction to undertake appropriate court proceedings, when necessary, to protect, settle and confirm all such public rights and easements in the State of Oregon.

(2) No portion of the ocean shore declared a state recreation area by ORS 390.610 shall be alienated by any of the agencies of the state except as provided by law.

(3) In carrying out its duties under subsection (1) of this section with respect to lands and interests in land within the ocean shore, the State Land Board shall act with respect to the portion of the tidal submerged lands, as defined in ORS 274.705 (7), and the submersible lands, as defined in ORS 274.005 (8), that are situated within the ocean shore as it does with respect to other state-owned submerged and submersible lands within navigable waters of this state.

(4) In carrying out its duties under subsection (1) of this section with respect to lands and interests in land within the ocean shore, the State Parks and Recreation Department shall act with respect to such lands and interests as it does with respect to other lands and interests within state recreation areas. [1967 c.601 §§2(4),3; 1969 c.601 §5; 1973 c.364 §1]

390.630 Acquisition along ocean shore for state recreation areas or access. The State Parks and Recreation Department, in accordance with ORS 390.121, may acquire ownership of or interests in the ocean shore or lands abutting, adjacent or contiguous to the ocean shore as may be appropriate for state recreation areas or access to such areas where such lands are held in private ownership. However, when acquiring ownership of or interests in lands abutting, adjacent or contiguous to the ocean shore for such recreation areas or access where such lands are held in private ownership, the department shall consider the following:

(1) The availability of other public lands in the vicinity for such recreational use or access.

(2) The land uses, improvements, and density of development in the vicinity.

(3) Existing public recreation areas and accesses in the vicinity.

(4) Any local zoning or use restrictions affecting the area in question. [1967 c.601 §4; 1969 c.601 §6; 1989 c.904 §24]

390.632 Public access to coastal shorelands. (1) In order to further the policy established in ORS 390.610 and to preserve the right of public access to the ocean shore, the State Parks and Recreation Department shall coordinate with affected local governments to provide increased public access to the coastal shorelands.

(2) The State Parks and Recreation Department may:

(a) Ensure that beach access sites are posted for public use;

(b) Maintain parking and trash disposal facilities at beach access sites; and

(Regulating Use of Ocean Shore)

390.635 Jurisdiction of department over recreation areas. Except as provided by ORS 273.551, 274.710 and 390.620, the State Parks and Recreation Department has jurisdiction over the land and interests in land acquired under ORS 390.610, 390.615, 390.620 or 390.630 in order to carry out the purposes of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. [1969 c.601 §21; 1973 c.364 §2]

390.640 Permit required for improvements on ocean shore; exceptions. (1) In order to promote the public health, safety and welfare, to protect the state recreation areas recognized and declared by ORS 390.610 and 390.615, to protect the safety of the public using such areas, and to preserve values adjacent to and adjoining such areas, the natural beauty of the ocean shore and the public recreational benefit derived therefrom, it is necessary to control and regulate improvements on the ocean shore. Unless a permit therefor is granted as provided by ORS 390.650, no person shall make an improvement on any property that is within the ocean shore.

(2) This section does not apply to permits granted pursuant to ORS 390.715, or to rules adopted or permits granted under ORS 390.725.

(3) This section does not apply to continuous extensions of densely vegetated land areas that were, as of August 22, 1969, both seaward of the line established by ORS 390.770 and above the 16-foot contour. The elevation mentioned in this subsection refers to the United States Coast and Geodetic Survey Sea-Level Datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947.

(4) This section does not apply to the removal, filling or alteration of material on the ocean shore where those activities are regulated under a state-assumed permit program as provided in 33 U.S.C. 1344(g) of the Federal Water Pollution Control Act, as amended. [1967 c.601 §5; 1969 c.601 §7; 1973 c.642 §14; 1999 c.373 §3]

390.650 Improvement permit procedure; fee; waiver or reduction. (1) Any person who desires a permit to make an improvement on any property subject to ORS 390.640 shall apply in writing to the State Parks and Recreation Department on a form and in a manner prescribed by the department, stating the kind of and reason for the improvement.

(2) Upon receipt of a properly completed application, the State Parks and Recreation Department shall provide notice of the proposal by causing notice of the application to be posted at or near the location of the proposed improvement. The notice shall include the name of the applicant, a description of the proposed improvement and its location and a statement of the time within which interested persons may file a request with the department for a hearing on the application. The department shall give notice of any application, hearing or decision to any person who files a written request with the department for such notice.

(3) Within 30 days after the date of posting the notice required in subsection (2) of this section, the applicant or 10 or more other interested persons may file a written request with the State Parks and Recreation Department for a hearing on the application. If such a request is filed, the department shall set a time for a hearing to be held by the department. The department shall cause notice of the hearing to be posted in the manner provided in subsection (2) of this section. The notice shall include the time and place of the hearing. After the hearing on an application or, if a hearing is not requested, after the time for requesting a hearing has expired, the department shall grant the permit if approval would not be adverse to the public interest. ORS chapter 183 does not apply to a hearing or decision under this section.

(4) In acting on an application, the State Parks and Recreation Department shall take into consideration the matters described by ORS 390.655. The department shall act on an application within 60 days after the date of receipt or, if a hearing is held, within 45 days after the date of the hearing.

(a) The decision of the department shall include written findings setting forth the specific reasons for the approval or denial and, if the application is approved, any conditions the department considers necessary to maintain the standards established under ORS 390.655.

(b) A copy of the written findings shall be furnished to the applicant at the time of approval or denial of the application by the department as provided in this subsection.

(5) Subsections (2) and (3) of this section do not apply to an application for a permit for the repair, replacement or restoration, in the same location, of an authorized improvement or improvement existing on or before May 1, 1967, if the repair, replacement or restoration is commenced within three years after the damage to or destruction of the improvement being repaired, replaced or restored occurs.

(6) The State Parks and Recreation Department may, upon application therefor, either written or oral, grant an emergency permit for a new improvement, dike, revetment, or for the repair, replacement or restoration of an existing, or authorized improvement where property or property boundaries are in imminent peril of being destroyed or damaged by action of the Pacific Ocean or the waters of any bay or river of this state. Said permit may be granted by the department without regard to the provisions of subsections (1), (2), (3), (4) and (5) of this section. Any emergency permit granted hereunder shall be reduced to writing by the department within 10 days after granting the same with a copy thereof furnished to the applicant.

(7) Except as provided by subsection (8) of this section, each application under subsection (1) of this section shall be accompanied by a fee to cover, in part, the expenses of the department in investigating, reviewing and issuing the improvement permits. The application fee for each permit shall be:

(a) $400 for any project for which the construction value is less than $2,500.

(b) $400 for any project for which the construction value is equal to or greater than $2,500, plus an additional amount equal to three percent of the construction value over $2,500.

(8) The department may waive or reduce the fee required by subsection (7) of this section for an application submitted by a public body, as that term is defined by ORS 174.109, or tribal government if the primary purpose of the improvement is:

(a) Restoring, conserving or protecting the natural, resource, scenic, recreational, cultural or economic values of the ocean shore;

(b) Restoring native beach or dune habitat contributing to the recovery of sensitive species, including state and federally listed threatened or endangered species; or

(9) Fees received under this section shall be deposited into a subaccount of the State Parks and Recreation Department Fund. Such fees are continuously appropriated to the department for the purpose of carrying out the ocean shore program.

(10) As used in this section, “construction value” includes but is not limited to the costs of labor and equipment rental. For a project involving only the movement of sand or similar material on the ocean shore, “construction value” shall equal the costs of labor, fees and equipment rental. [1967 c.601 §6; 1969 c.601 §10; 1979 c.186 §21; 1999 c.373 §4; 2003 c.25 §1]

390.655 Standards for improvement permits. The State Parks and Recreation Department shall consider applications and issue permits under ORS 390.650 in accordance with standards designed to promote the public health, safety and welfare and carry out the policy of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. The standards shall be based on the following considerations, among others:

(1) The public need for healthful, safe, aesthetic surroundings and conditions; the natural scenic, recreational and other resources of the area; and the present and prospective need for conservation and development of those resources.

(2) The physical characteristics or the changes in the physical characteristics of the area and suitability of the area for particular uses and improvements.

(3) The land uses, including public recreational use if any, and the improvements in the area, the trends in land uses and improvements, the density of development and the property values in the area.

(4) The need for recreation and other facilities and enterprises in the future development of the area and the need for access to particular sites in the area. [1969 c.601 §11; 1979 c.186 §22]

390.658 [1969 c.601 §12; 1979 c.186 §23; repealed by 1999 c.373 §5 (390.659 enacted in lieu of 390.658)]

390.659 Hearing before director regarding department action on improvement permit; appeal of director’s order; suspension of permit during appeal. (1) Any applicant whose application for a permit under ORS 390.650 has been denied or who objects to any condition imposed on the permit or any person aggrieved or adversely affected by the granting of a permit may, within 30 days after the denial of the permit or the imposition of the condition, request a hearing from the State Parks and Recreation Director.

(2) Upon receipt of a request for hearing from the applicant or if the director finds that the person other than the applicant making the request has a legally protected interest that is adversely affected by the grant of the permit, the director shall set the matter down for hearing within 30 days after receipt of the request. The hearing shall be conducted as a contested case in accordance with ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470. The applicant shall be a party to any contested case hearing requested by a person other than the applicant.

(3) Within 45 days after the hearing the director shall enter an order containing findings of fact and conclusions of law. The order shall rescind, affirm or modify the director’s original order. Appeals from the director’s final order may be taken to the Court of Appeals in the manner provided by ORS 183.482.

(4) A permit granted by the director may be suspended by the director during the pendency of the proceedings before the director and any appeal. The director shall not suspend the permit unless the person aggrieved or adversely affected by grant of permit makes a showing before the director by clear and convincing evidence that commencement or continuation of the improvement would cause irremediable damage and would be inconsistent with ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770. [1999 c.373 §6 (enacted in lieu of 390.658)]

390.660 Regulation of use of lands adjoining ocean shores; rules. The State Parks and Recreation Department is hereby directed to protect, to maintain and to promulgate rules governing use of the public of property that is subject to ORS 390.640, property subject to public rights or easements declared by ORS 390.610 and property abutting, adjacent or contiguous to those lands described by ORS 390.615 that is available for public use, whether such public right or easement to use is obtained by dedication, prescription, grant, state-ownership, permission of a private owner or otherwise. [1967 c.601 §7; 1969 c.601 §16]

390.661 Improvement without permit or contrary to permit conditions as public nuisance. The improvement on any property within the ocean shore without a permit issued under ORS 390.650, or in a manner contrary to the conditions set out in the permit, is a public nuisance. [1999 c.373 §12]

390.663 Investigation of violation within ocean shore; cease and desist order; enforcement of order by state and local police. (1) If the State Parks and Recreation Director determines that any improvement is being made on property within the ocean shore without a permit issued under ORS 390.650, or in a manner contrary to the conditions set out in the permit, the director may:

(a) Investigate, hold hearings, make orders and take action, as provided in ORS 390.620 to 390.676, as soon as possible.

(b) For the purpose of investigating conditions relating to such improvements, through the employees or the duly authorized representatives of the State Parks and Recreation Department, enter at reasonable times upon any private or public property.

(d) Publish findings and recommendations as they are developed relative to public policies and procedures necessary for the correction of conditions or violations of ORS 390.620 to 390.676.

(e) Give notice of any proposed order relating to a violation by personal service or by mailing the notice by registered or certified mail to the person or governmental body affected. Any person aggrieved by a proposed order of the director may request a hearing within 20 days of the date of personal service or mailing of the notice. Hearings shall be conducted under the provisions of ORS chapter 183 applicable to contested cases, and judicial review of final orders shall be conducted in the Court of Appeals according to ORS 183.482. If no hearing is requested or if the party fails to appear, a final order shall be issued upon a prima facie case on the record of the department.

(f) Take appropriate action for the enforcement of any rules or final orders. Any violation of ORS 390.620 to 390.676 or of any rule or final order of the director under ORS 390.620 to 390.676 may be enjoined in civil abatement proceedings brought in the name of the State of Oregon. In any such proceedings, the director may seek and the court may award a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation. Proceedings brought by the director shall set forth, if applicable, the dates of notice and hearing and the specific rule or order of the director, together with the facts of noncompliance, the facts giving rise to the public nuisance and a statement of the damages to any public right of navigation, fishery or recreation, if any, resulting from such violation.

(2) In addition to the administrative action the director may take under subsection (1) of this section, the director may enter an order requiring any person to cease and desist from any violation if the director determines that such violation presents an imminent and substantial risk of injury, loss or damage to the ocean shore.

(3) An order under subsection (2) of this section:

(a) May be entered without prior notice or hearing.

(b) Shall be served upon the person by personal service or by registered or certified mail.

(c) Shall state that a hearing will be held on the order if a written request for hearing is filed by the person subject to the order within 10 days after receipt of the order.

(d) Shall not be stayed during the pendency of a hearing conducted under subsection (4) of this section.

(4) If a person subject to an order under subsection (2) of this section files a timely demand for hearing, the director shall hold a contested case hearing according to the applicable provisions of ORS chapter 183. If the person fails to request a hearing, the order shall be entered as a final order upon prima facie case made on the record of the department.

(5) Neither the director nor any duly authorized representative of the department shall be liable for any damages a person may sustain as a result of a cease and desist order issued under subsection (2) of this section.

(6) The state and local police shall cooperate in the enforcement of any order issued under subsection (2) of this section and shall require no further authority or warrant in executing or enforcing such order. If any person fails to comply with an order issued under subsection (2) of this section, the circuit court of the county in which the violation occurred or is threatened shall compel compliance with the director’s order in the same manner as with an order of that court.

(7) As used in this section, “violation” means making an improvement on property within the ocean shore without a permit or in a manner contrary to the conditions set out in a permit issued under ORS 390.650. [1999 c.373 §13]

390.665 [Formerly 274.100 and then 390.740; repealed by 1971 c.743 §432]

390.666 Revocation, suspension or nonrenewal of improvement permit. If the State Parks and Recreation Director finds that a person or governmental body holding a permit issued under ORS 390.650 is making an improvement on property within the ocean shore contrary to the conditions set out in the permit, the director may revoke, suspend or refuse to renew such permit. The director may revoke a 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. [1999 c.373 §14]

390.668 [Formerly 274.090 and then 390.730; renumbered 390.678 in 1999]

390.669 Action by state or any person to abate public nuisance; temporary restraining order or preliminary injunction; compensation to public. (1) In addition to any enforcement action taken under ORS 390.663, civil proceedings to abate alleged public nuisances under ORS 390.661 may be instituted in the name of the State of Oregon upon relation of the State Parks and Recreation Director or by any person in the person’s name.

(2) Before beginning any action under subsection (1) of this section, a person other than the director shall provide to the director 60 days’ notice of the intended action. A person other than the director may not begin an action under subsection (1) of this section if the director has commenced and is diligently prosecuting civil, criminal or administrative proceedings in the same matter.

(3) The director may institute an action in the name of the State of Oregon for a temporary restraining order or preliminary injunction if a threatened or existing public nuisance under ORS 390.661 creates an emergency that requires immediate action to protect the public health, safety or welfare. The director shall not be required to furnish a bond in such proceeding.

(4) The State Parks and Recreation Commission, the State Parks and Recreation Director and the employees or duly authorized representatives of the State Parks and Recreation Department shall not be liable for any damages a defendant may sustain as a result of an injunction, restraining order or abatement order issued under this section.

(5) A case filed under this section shall be given preference on the docket over all other civil cases except those given an equal preference by statute.

(6) In any action brought under this section, the plaintiff may seek and the court may award a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from an existing public nuisance under ORS 390.661. Any money received by the plaintiff under this subsection shall be deposited in an account of the State Parks and Recreation Department for use by the department in administering the ocean shore program. [1999 c.373 §15]

390.670 [1967 c.601 §8; 1969 c.601 §13; repealed by 1971 c.780 §7]

390.672 Damages for destruction or infringement of public right of navigation, fishery or recreation; treble damages. (1) If any person or governmental body, through negligence, violates ORS 390.640, the State Parks and Recreation Director, in a proceeding brought pursuant to ORS 390.669, may seek and the court may award double a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation.

(2) If any person or governmental body intentionally violates ORS 390.640, the director, in a proceeding brought pursuant to ORS 390.669, may seek and the court may award treble a sum of money sufficient to compensate the public for any destruction or infringement of any public right of navigation, fishery or recreation resulting from such violation.

(3) An award made pursuant to this section shall be in addition to and not in lieu of any criminal penalties imposed for a violation of ORS 390.640.

(4) In any action brought under ORS 390.669, the court shall award to the prevailing party the costs of suit and reasonable attorney fees at trial and on appeal. Subject to the provisions of ORS 20.140, any costs and attorney fees so awarded to the director shall be deposited in an account of the State Parks and Recreation Department to offset the director’s expenses of bringing such action. [1999 c.373 §16]

390.674 Imposition of civil penalties. (1) Civil penalties under ORS 390.992 shall be imposed as provided in ORS 183.745.

(2) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law. An action taken by the State Parks and Recreation Director under this section may be joined by the director with any other action taken against the same person under ORS 390.995 (1).

(3) Any civil penalty recovered under this section shall be deposited into an account of the State Parks and Recreation Department for use by the department in administration of the ocean shore program. [1999 c.373 §10]

390.676 Schedule of civil penalties; factors to determine amount; rules. (1) The State Parks and Recreation Director shall adopt by rule the amount of civil penalty that may be imposed for a particular violation under ORS 390.992.

(2) In imposing a penalty under the schedule adopted under subsection (1) of this section, the director shall consider the following factors:

(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.

(b) Any prior violations of statutes, rules, orders and permits pertaining to waters of this state.

(d) Any other factors determined by the director to be relevant and consistent with the policy of ORS 390.610.

(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the director determines to be proper and consistent with the policy of ORS 390.610. Upon the request of the person incurring the penalty, the director shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated. [1999 c.373 §11]

390.678 Motor vehicle and aircraft use regulated in certain zones; zone markers; proceedings to establish zones. (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 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 except in conformity with the rules of the department.

(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) A zone shall not be established unless the department first holds a public hearing in the vicinity of the proposed zone. 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.

(4) Before establishing a zone, the department shall seek the approval of the local government whose lands are adjacent or contiguous to the proposed zone. [Formerly 390.668]

390.680 [1967 c.601 §9; 1969 c.601 §17; repealed by 1973 c.732 §5]

390.685 Effect of ORS 390.605, 390.615, 390.678 and 390.685. Nothing in ORS 390.605, 390.615, 390.678 and 390.685 is intended to repeal ORS 836.510 to 836.525. [Formerly 274.110 and then 390.750]

390.690 Title and rights of state unimpaired. Nothing in ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 shall be construed to relinquish, impair or limit the sovereign title or rights of the State of Oregon in the shores of the Pacific Ocean as the same may exist before or after July 6, 1967. [1967 c.601 §10]

(Special Permits)

390.705 Prohibition against placing certain conduits across recreation area and against removal of natural products. No person shall:

(1) Place any pipeline, cable line or other conduit across and under the state recreation areas described by ORS 390.635 or the submerged lands adjacent to the ocean shore, except as provided by ORS 390.715.

(2) Remove any natural product from the ocean shore, other than fish or wildlife, agates or souvenirs, except as provided by ORS 390.725. [1969 c.601 §20]

390.710 [Formerly 274.065; 1969 c.601 §2; renumbered 390.605]

390.715 Permits for pipe, cable or conduit across ocean shore, state recreation areas and submerged lands. (1) The State Parks and Recreation Department may issue permits under ORS 390.650 to 390.659 for pipelines, cable lines and other conduits across and under the ocean shore, state recreation areas and the submerged lands adjacent to the ocean shore, upon payment of just compensation by the permittee. A permit issued under this subsection is not a sale or lease of tide and overflow lands within the scope of ORS 274.040.

(2) Whenever the issuance of a permit under subsection (1) of this section will affect lands owned privately, the State Parks and Recreation Department shall withhold the issuance of the permit until the permittee obtains from the private owner an easement, license or other written authorization that meets the approval of the State Parks and Recreation Department, except as to the compensation to be paid to the private owner.

(3) All permits issued under this section are subject to conditions that will ensure safety of the public and the preservation of economic, scenic and recreational values and to rules promulgated by state agencies having jurisdiction over the activities of the grantee or permittee. [1969 c.601 §22; 2005 c.300 §1; 2007 c.71 §101]

390.720 [Formerly 274.070; renumbered 390.615]

390.725 Permits for removal of products along ocean shore; rules. (1) Removal of natural products such as fish or wildlife, agates or small amounts of driftwood from a state recreation area as defined in ORS 390.605 for personal, noncommercial use is not subject to the provisions of ORS 390.650.

(2) The collection of natural products for the purpose of trade, sale or resale shall be subject to the permit provisions and standards of ORS 390.650 and 390.655. Permits shall provide for the payment of just compensation by the permittee as provided by rule adopted under subsection (4) of this section.

(3) No archaeological object associated with an archaeological site, as those terms are defined in ORS 358.905, shall be removed from the ocean shore except as provided in ORS 358.920 and 390.235.

(4) Rules or permits shall be made or granted by the State Parks and Recreation Department only after consultation with the State Fish and Wildlife Commission, the State Department of Geology and Mineral Industries and the Department of State Lands. Rules and permits shall contain provisions necessary to protect the areas from any use, activity or practice inimicable to the conservation of natural resources or public recreation.

(5) The terms, royalty and duration of a permit under this section are at the discretion of the State Parks and Recreation Department. A permit is revocable at any time in the discretion of the department without liability to the permittee.

(6) Whenever the issuance of a permit under this section will affect lands owned privately, the State Parks and Recreation Department shall withhold the issuance of such permit until such time as the permittee shall have obtained an easement, license or other written authorization from the private owner, which easement, license or other written authority must meet the approval of the department, except as to the compensation to be paid to the private owner. [1969 c.601 §23; 1999 c.373 §7]

390.729 Permits for operation of all-terrain vehicles on ocean shore. (1) A person may not operate a Class I all-terrain vehicle on the ocean shore unless the person obtains a permit from the State Parks and Recreation Department as provided in this section.

(2) The department may issue a permit for the operation of a Class I all-terrain vehicle on the ocean shore if the operator of the vehicle holds a permit issued under ORS 390.570, if the vehicle has a current operating permit issued under ORS 390.580 and if the vehicle will be used to meet the transportation needs of:

(a) Individuals with disabilities;

(b) Emergency response or emergency aid workers; or

(3) Application for a permit issued under this section shall be in a form determined by the department. The department shall specify the information to be contained in the application, the renewal period and the manner in which the permit must be displayed.

(4) The department may not charge for a permit issued under this section. [2005 c.300 §3]

390.730 [Formerly 274.090; 1969 c.601 §18; renumbered 390.668]

390.735 [1969 c.601 §25; repealed by 1973 c.642 §13]

390.740 [Formerly 274.100; renumbered 390.665]

390.750 [Formerly 274.110; 1969 c.601 §19; renumbered 390.685]

(Vegetation Line)

390.755 Periodic reexamination of vegetation line; department recommendations for adjustment. (1) The State Parks and Recreation Department is directed to periodically reexamine the line of vegetation as established and described by ORS 390.770 for the purpose of obtaining information and material suitable for a re-evaluation and re-definition, if necessary, of such line so that the private and public rights and interest in the ocean shore shall be preserved.

(2) The State Parks and Recreation Department may, from time to time, recommend to the Legislative Assembly adjustment of the line described in ORS 390.770. [1969 c.601 §27; 1979 c.186 §24]

390.760 Exceptions from vegetation line. ORS 390.640 does not apply to any state-owned land or to headlands and other lands located at an elevation of more than 16 feet and seaward of a line running between the following designated and numbered points which are more particularly described by ORS 390.770. The elevation mentioned in this section refers to the United States Coast and Geodetic Survey Sea-Level Datum of 1929 through the Pacific Northwest Supplementary Adjustment of 1947.

Point Designation Point Designation

and Number and Number

From To From To

Cl-7-6 Cl-7-7 Cl-7-55 Cl-7-56

Cl-7-10 Cl-7-11 Cl-7-76 Cl-7-77

Cl-7-13 Cl-7-14 Cl-7-115 Cl-7-116

Cl-7-52 Cl-7-53 Cl-7-134 Cl-7-135

Ti-7-3 Ti-7-4 La-7-72 La-7-73

Ti-7-6 Ti-7-7 La-7-87 La-7-88

Ti-7-18 Ti-7-19 Do-8-78 Do-8-79

Ti-7-33 Ti-7-34 Co-7-82 Co-7-83

Ti-7-83 Ti-7-84 Co-7-111 Co-7-112

Ti-7-88 Ti-7-89 Co-7-146 Co-7-147

Ti-7-94 Ti-7-95 Co-7-178 Co-7-179

Ti-7-99 Ti-7-100 Co-7-200 Co-7-201

Ti-7-113 Ti-7-114 Co-7-229 Co-7-230

Ti-7-168 Ti-7-169 Cu-7-25 Cu-7-26

Ti-7-183 Ti-7-184 Cu-7-54 Cu-7-55

Ti-7-249 Ti-7-250 Cu-7-155 Cu-7-156

Li-7-2A Li-7-3 Cu-7-167 Cu-7-167A

Li-7-10 Li-7-11 Cu-7-167E Cu-7-168

Li-7-17 Li-7-18 Cu-7-174 Cu-7-175

Li-7-73 Li-7-74 Cu-7-196 Cu-7-197

Li-7-118 Li-7-119 Cu-7-201 Cu-7-202

Li-7-150 Li-7-151 Cu-7-219 Cu-7-220

Li-7-154 Li-7-155 Cu-7-225 Cu-7-226

Li-7-161 Li-7-162 Cu-7-236 Cu-7-237

Li-7-165 Li-7-166 Cu-7-258 Cu-7-259

Li-7-167A Li-7-168 Cu-7-268 Cu-7-269

Li-7-170 Li-7-171 Cu-7-288 Cu-7-289

Li-7-176 Li-7-177 Cu-7-310 Cu-7-311

Li-7-182 Li-7-183 Cu-7-314 Cu-7-315

Li-7-215 Li-7-216 Cu-7-363 Cu-7-364

Li-7-269 Li-7-270 Cu-7-382 Cu-7-383

Li-7-293 Li-7-294 Cu-7-393 Cu-7-394

Li-7-296 Li-7-297 Cu-7-400 Cu-7-401

Li-7-314 Li-7-315 Cu-7-440 Cu-7-441

Li-7-325 Li-7-326 Cu-7-451 Cu-7-452

Li-7-357 Li-7-358 Cu-7-459 Cu-7-460

Li-7-377 Li-7-378 Cu-7-493 Cu-7-494

Li-7-439 La-7-1 Cu-7-513 Cu-7-514

La-7-9 La-7-10 Cu-7-516 Cu-7-517

La-7-19 La-7-20 Cu-7-538 Cu-7-539

La-7-44 La-7-45 Cu-7-557 Cu-7-558

[1969 c.601 §9]

390.770 Vegetation line described. Except for the areas described by ORS 390.760, ORS 390.640 applies to all the land located along the Pacific Ocean between the Columbia River and the Oregon-California boundary between extreme low tide and the lines of vegetation as established and described according to the Oregon State Plane Coordinate System of 1927, as follows:

Beginning near the south jetty of the Columbia River in section 35 of township 9 north, range 11 west of the Willamette Meridian in Clatsop County, Oregon, at a point on the Oregon State Plane Coordinate System of 1927, north zone, located at y-coordinate 951,840 and x-coordinate 1,112,374, hereby designated point number Cl-7-1; thence from point number Cl-7-1 southerly along the Pacific Coast by a series of straight lines connecting the following designated, numbered and described points in consecutive order to the Oregon-California boundary line near the section line between section 26 of township 41 south, range 13 west of the Willamette Meridian in Curry County, Oregon, and section 32 of township 19 north, range 1 west of the Humboldt Meridian in Del Norte County, California, at a point on the Oregon State Plane Coordinate System of 1927, south zone, located at y-coordinate 143,339 and x-coordinate 991,832, hereby designated point number Cu-7-634.

Oregon State Plane Coordinate

Point System of 1927, north zone

Number y-coordinate x-coordinate

Cl-7-1 951,840 1,112,374

Cl-7-2 951,448 1,112,500

Cl-7-3 951,011 1,112,297

Cl-7-4 950,883 1,112,300

Cl-7-5 950,172 1,112,573

Cl-7-6 947,537 1,113,734

Description of Location of Point Number Cl-7-6: A point near the north boundary of Fort Stevens State Park located in section 1 of township 8 north, range 11 west of the Willamette Meridian in Clatsop County.

Cl-7-7 938,451 1,117,616

Description of Location of Point Number Cl-7-7: A point near the south boundary of Fort Stevens State Park located in section 12 of township 8 north, range 11 west of the Willamette Meridian in Clatsop County.

Cl-7-8 938,232 1,117,707

Cl-7-9 936,446 1,118,379

Cl-7-10 934,923 1,118,944

Description of Location of Point Number Cl-7-10: A point near the north boundary of Fort Stevens State Park located in section 18 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-11 934,462 1,119,114

Description of Location of Point Number Cl-7-11: A point near the south boundary of Fort Stevens State Park located in section 18 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-12 928,335 1,121,309

Cl-7-13 924,266 1,122,688

Description of Location of Point Number Cl-7-13: A point near the north boundary of Camp Rilea located in section 30 of township 8 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-14 907,691 1,127,287

Description of Location of Point Number Cl-7-14: A point near the south boundary of Camp Rilea near the section line between sections 8 and 9 of township 7 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-14A 907,381 1,127,433

Cl-7-14B 907,016 1,127,370

Cl-7-14C 906,835 1,127,526

Cl-7-15 905,439 1,127,761

Cl-7-16 904,776 1,127,962

Cl-7-17 903,245 1,128,184

Cl-7-18 902,731 1,128,287

Cl-7-19 901,368 1,128,474

Cl-7-20 898,590 1,128,920

Cl-7-21 896,168 1,129,206

Cl-7-22 890,480 1,129,617

Cl-7-23 887,910 1,129,729

Cl-7-24 886,521 1,129,795

Cl-7-25 884,198 1,129,862

Cl-7-26 881,377 1,129,860

Cl-7-26A 880,815 1,129,949

Cl-7-27 880,455 1,129,849

Cl-7-28 875,597 1,129,783

Cl-7-29 875,155 1,129,814

Cl-7-30 874,962 1,129,941

Cl-7-31 874,833 1,130,075

Cl-7-32 874,742 1,130,275

Cl-7-33 871,379 1,129,723

Cl-7-34 870,596 1,129,609

Cl-7-35 869,710 1,129,493

Cl-7-36 869,355 1,129,382

Cl-7-37 868,555 1,129,147

Cl-7-38 866,858 1,128,737

Cl-7-38A 866,773 1,128,608

Cl-7-39 866,671 1,128,687

Cl-7-39A 865,842 1,128,515

Cl-7-39B 865,648 1,128,349

Cl-7-40 864,302 1,128,029

Cl-7-41 861,388 1,127,089

Cl-7-42 860,891 1,126,818

Cl-7-43 860,700 1,126,612

Cl-7-44 860,343 1,125,571

Cl-7-45 860,321 1,125,395

Cl-7-46 860,345 1,125,062

Cl-7-47 860,402 1,124,721

Cl-7-48 860,470 1,123,656

Cl-7-49 860,541 1,122,956

Cl-7-50 860,092 1,121,701

Cl-7-51 859,879 1,120,816

Cl-7-52 859,663 1,120,509

Description of Location of Point Number Cl-7-52: A point about one mile southwest of the City of Seaside near the north boundary of Ecola State Park near the section line between sections 29 and 30 of township 6 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-53 837,531 1,117,635

Description of Location of Point Number Cl-7-53: A point on the south side of Tillamook Head near the south boundary of Ecola State Park and near the section line between sections 18 and 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-54 836,827 1,117,747

Cl-7-55 836,688 1,117,698

Description of Location of Point Number Cl-7-55: A point near the north end of the headlands at Chapman Point located in section 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-56 836,403 1,118,094

Description of Location of Point Number Cl-7-56: A point near the southerly end of the headlands at Chapman Point located in section 19 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-57 836,120 1,118,264

Cl-7-58 835,661 1,118,331

Cl-7-59 834,401 1,118,606

Cl-7-60 834,031 1,118,861

Cl-7-61 833,909 1,119,099

Cl-7-61A 834,060 1,119,301

Cl-7-61B 833,170 1,119,289

Cl-7-61C 832,879 1,119,119

Cl-7-62 832,264 1,118,827

Cl-7-63 832,218 1,118,765

Cl-7-64 832,149 1,118,742

Cl-7-65 829,701 1,118,589

Cl-7-66 829,700 1,118,517

Cl-7-67 829,402 1,118,489

Cl-7-68 829,269 1,118,565

Cl-7-69 827,556 1,118,329

Cl-7-70 827,311 1,118,328

Cl-7-71 826,952 1,118,395

Cl-7-72 826,854 1,118,402

Cl-7-73 826,694 1,118,493

Cl-7-73A 826,041 1,118,595

Cl-7-74 825,540 1,118,654

Cl-7-74A 825,033 1,118,704

Cl-7-75 824,406 1,118,749

Cl-7-75A 823,916 1,118,765

Cl-7-76 823,394 1,118,783

Description of Location of Point Number Cl-7-76: A point near the north boundary of Tolovana Beach State Wayside located in section 31 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-77 823,162 1,118,834

Description of Location of Point Number Cl-7-77: A point near the south boundary of Tolovana Beach State Wayside located in section 31 of township 5 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-78 823,122 1,118,777

Cl-7-79 821,713 1,118,737

Cl-7-80 820,798 1,118,662

Cl-7-81 820,616 1,118,628

Cl-7-82 819,990 1,118,570

Cl-7-83 818,487 1,118,346

Cl-7-84 818,253 1,118,281

Cl-7-85 818,178 1,118,235

Cl-7-86 818,148 1,118,247

Cl-7-87 817,898 1,118,169

Cl-7-88 817,684 1,118,011

Cl-7-89 817,465 1,117,948

Cl-7-90 817,171 1,118,071

Cl-7-91 815,636 1,118,331

Cl-7-92 815,260 1,118,392

Cl-7-93 814,848 1,118,435

Cl-7-94 814,409 1,118,513

Cl-7-94A 814,169 1,118,279

Cl-7-95 814,083 1,118,612

Cl-7-96 813,912 1,118,660

Cl-7-97 812,767 1,118,680

Cl-7-98 811,143 1,118,543

Cl-7-99 810,457 1,118,473

Cl-7-100 809,795 1,118,455

Cl-7-101 809,529 1,118,398

Cl-7-102 809,522 1,118,298

Cl-7-103 809,366 1,118,376

Cl-7-104 809,342 1,118,314

Cl-7-105 809,254 1,118,366

Cl-7-106 808,991 1,118,326

Cl-7-107 808,579 1,118,341

Cl-7-108 808,559 1,118,262

Cl-7-109 808,368 1,118,263

Cl-7-110 808,288 1,118,189

Cl-7-111 808,212 1,118,226

Cl-7-112 808,168 1,118,031

Cl-7-112A 808,319 1,117,849

Cl-7-112B 808,236 1,117,789

Cl-7-112C 808,036 1,117,904

Cl-7-112D 808,021 1,118,029

Cl-7-113 807,723 1,117,985

Cl-7-114 807,577 1,118,182

Cl-7-114A 807,492 1,118,167

Cl-7-114B 807,302 1,117,900

Cl-7-114C 807,197 1,117,960

Cl-7-114D 807,246 1,118,131

Cl-7-115 806,972 1,118,108

Description of Location of Point Number Cl-7-115: A point near the north boundary of Hug Point Park located in section 18 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-116 806,841 1,118,094

Description of Location of Point Number Cl-7-116: A point near the south boundary of Hug Point Park located near the section line between sections 18 and 19 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-117 806,272 1,118,031

Cl-7-118 806,178 1,117,848

Cl-7-118A 806,026 1,117,849

Cl-7-119 805,789 1,118,058

Cl-7-120 805,431 1,117,949

Cl-7-120A 805,367 1,117,779

Cl-7-121 805,296 1,117,776

Cl-7-122 805,158 1,117,930

Cl-7-123 805,092 1,117,892

Cl-7-124 802,212 1,117,559

Cl-7-125 802,079 1,117,577

Cl-7-126 801,380 1,117,374

Cl-7-127 801,289 1,117,358

Cl-7-128 801,274 1,117,370

Cl-7-129 799,987 1,117,070

Cl-7-130 798,430 1,116,632

Cl-7-131 797,966 1,116,576

Cl-7-132 797,940 1,116,740

Cl-7-133 797,778 1,116,650

Cl-7-134 797,699 1,116,278

Description of Location of Point Number Cl-7-134: A point at the north end of the headlands at Arch Cape located near the section line between section 25 of township 4 north, range 11 west of the Willamette Meridian and section 30 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-135 795,909 1,116,145

Description of Location of Point Number Cl-7-135: A point near the south boundary of Oswald West State Park located near the section corner common to sections 25 and 36 of township 4 north, range 11 west of the Willamette Meridian and sections 30 and 31 of township 4 north, range 10 west of the Willamette Meridian in Clatsop County.

Cl-7-136 794,385 1,115,979

Cl-7-137 793,087 1,115,939

Cl-7-138 792,118 1,115,833

Cl-7-139 790,613 1,115,650

Description of Location of Point Number Cl-7-139: A point near the Clatsop-Tillamook county line.

Ti-7-1 790,200 1,115,606

Ti-7-2 789,633 1,115,579

Ti-7-3 789,412 1,115,471

Description of Location of Point Number Ti-7-3: A point at the south end of Cove Beach at the north end of the headlands on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-4 788,172 1,114,325

Description of Location of Point Number Ti-7-4: A point on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-4A 787,945 1,114,326

Ti-7-5 787,735 1,114,247

Ti-7-6 787,429 1,113,987

Description of Location of Point Number Ti-7-6: A point on the north side of Cape Falcon located in section 1 of township 3 north, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-7 774,737 1,118,436

Description of Location of Point Number Ti-7-7: A point near the south boundary of Oswald West State Park located near the section line between sections 18 and 19 of township 3 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-7A 774,503 1,118,717

Ti-7-8 774,092 1,119,050

Ti-7-8A 773,444 1,119,807

Ti-7-9 773,224 1,120,065

Ti-7-10 772,706 1,120,476

Ti-7-11 771,558 1,121,062

Ti-7-12 770,506 1,121,228

Ti-7-13 769,862 1,121,397

Ti-7-14 766,603 1,121,776

Ti-7-15 764,859 1,121,874

Ti-7-16 763,268 1,121,881

Ti-7-17 762,624 1,121,940

Ti-7-18 761,335 1,121,889

Description of Location of Point Number Ti-7-18: A point near the north boundary of Nehalem Bay Park located in section 32 of township 3 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-19 745,172 1,122,047

Description of Location of Point Number Ti-7-19: A point near the south boundary of Nehalem Bay Park near the south end of Nehalem Bay sand spit located in section 17 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-19A 743,930 1,122,166

Ti-7-20 743,294 1,121,234

Ti-7-21 742,843 1,120,931

Ti-7-22 742,511 1,120,795

Ti-7-23 737,706 1,120,158

Ti-7-24 737,364 1,120,200

Ti-7-25 737,006 1,120,377

Ti-7-26 736,659 1,120,284

Ti-7-27 736,605 1,120,194

Ti-7-28 736,195 1,119,992

Ti-7-29 735,826 1,119,914

Ti-7-30 732,728 1,119,396

Ti-7-31 730,623 1,119,099

Ti-7-32 729,193 1,118,966

Ti-7-32A 728,795 1,119,058

Ti-7-33 728,495 1,119,026

Description of Location of Point Number Ti-7-33: A point near the north boundary of Rockaway State Wayside located in section 32 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-34 728,315 1,118,986

Description of Location of Point Number Ti-7-34: A point near the south boundary of Rockaway State Wayside located in section 32 of township 2 north, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-35 728,102 1,118,837

Ti-7-36 727,685 1,118,765

Ti-7-37 727,585 1,118,689

Ti-7-38 726,959 1,118,586

Ti-7-39 726,532 1,118,711

Ti-7-40 725,838 1,118,610

Ti-7-41 725,699 1,118,588

Ti-7-42 725,611 1,118,578

Ti-7-43 725,148 1,118,201

Ti-7-44 724,087 1,117,923

Ti-7-45 723,843 1,117,852

Ti-7-46 723,687 1,117,804

Ti-7-47 723,393 1,117,689

Ti-7-48 722,609 1,117,479

Ti-7-49 721,882 1,117,853

Ti-7-50 721,363 1,117,492

Ti-7-51 720,771 1,117,726

Ti-7-51A 720,313 1,117,712

Ti-7-52 719,839 1,117,130

Ti-7-53 717,383 1,116,446

Ti-7-54 716,779 1,116,324

Ti-7-55 715,094 1,115,787

Ti-7-56 714,694 1,115,710

Ti-7-57 713,732 1,115,426

Ti-7-58 713,010 1,115,320

Ti-7-59 706,624 1,117,487

Ti-7-60 706,305 1,117,368

Ti-7-61 705,591 1,117,212

Ti-7-62 702,813 1,116,623

Ti-7-63 701,988 1,116,474

Ti-7-64 700,758 1,116,213

Ti-7-65 700,641 1,116,216

Ti-7-66 698,359 1,115,831

Ti-7-67 698,018 1,115,766

Ti-7-68 697,730 1,115,742

Ti-7-69 695,285 1,115,488

Ti-7-70 694,014 1,115,269

Ti-7-71 693,995 1,115,417

Ti-7-72 693,046 1,115,096

Ti-7-73 691,876 1,114,912

Ti-7-74 691,096 1,114,625

Ti-7-75 689,408 1,114,216

Ti-7-76 689,446 1,114,088

Ti-7-77 689,181 1,113,946

Ti-7-78 688,875 1,113,877

Ti-7-78A 688,251 1,113,654

Ti-7-78B 688,240 1,113,576

Ti-7-79 688,088 1,113,584

Ti-7-80 688,103 1,113,499

Ti-7-81 686,504 1,112,939

Ti-7-82 686,060 1,112,666

Ti-7-83 685,568 1,112,260

Description of Location of Point Number Ti-7-83: A point near the north end of the headlands on the north side of Cape Meares located in section 7 of township 1 south, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-84 679,993 1,110,563

Description of Location of Point Number Ti-7-84: A point near the south boundary of Cape Meares Park and near the section line located between sections 13 and 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-85 679,740 1,110,651

Ti-7-86 679,286 1,110,648

Ti-7-87 677,505 1,110,400

Ti-7-88 677,287 1,110,279

Description of Location of Point Number Ti-7-88: A point near the north end of the headlands at the south end of Short Beach located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-89 676,698 1,110,158

Description of Location of Point Number Ti-7-89: A point near the south end of the headlands south of Short Beach located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-90 676,630 1,110,189

Ti-7-91 676,425 1,110,168

Ti-7-92 676,188 1,110,063

Ti-7-93 675,777 1,109,741

Ti-7-94 675,643 1,109,518

Description of Location of Point Number Ti-7-94: A point near the north end of the headlands on the north side of Maxwell Point located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-95 675,616 1,109,371

Description of Location of Point Number Ti-7-95: A point near the south end of the headlands on the north side of Maxwell Point located in section 24 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-96 675,441 1,109,359

Ti-7-97 675,010 1,109,250

Ti-7-98 674,787 1,109,383

Ti-7-99 673,979 1,109,562

Description of Location of Point Number Ti-7-99: A point near the north end of the first headlands north of Oceanside located in section 25 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-100 673,842 1,109,669

Description of Location of Point Number Ti-7-100: A point near the south end of the first headlands north of Oceanside located in section 25 of township 1 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-101 673,809 1,109,771

Ti-7-102 673,653 1,109,909

Ti-7-103 673,071 1,110,205

Ti-7-104 672,307 1,110,537

Ti-7-105 671,227 1,110,895

Ti-7-106 670,370 1,111,117

Ti-7-107 670,090 1,111,168

Ti-7-108 669,605 1,111,341

Ti-7-109 668,224 1,111,600

Ti-7-110 667,215 1,112,239

Ti-7-111 666,578 1,112,749

Ti-7-112 666,252 1,112,937

Ti-7-112A 665,808 1,113,364

Ti-7-112B 665,466 1,113,850

Ti-7-113 662,710 1,113,335

Description of Location of Point Number Ti-7-113: A point near the north end of the Netarts Bay sand spit located in section 6 of township 2 south, range 10 west of the Willamette Meridian in Tillamook County.

Ti-7-114 628,256 1,107,235

Description of Location of Point Number Ti-7-114: A point near the south end of the headlands on the south side of Cape Lookout located in section 1 of township 3 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-115 628,048 1,107,599

Ti-7-116 627,769 1,107,736

Ti-7-117 623,918 1,108,889

Ti-7-118 623,459 1,108,997

Ti-7-119 622,032 1,109,287

Ti-7-120 621,511 1,109,345

Ti-7-121 620,938 1,109,441

Ti-7-122 619,547 1,109,539

Ti-7-123 618,468 1,109,563

Ti-7-124 617,144 1,109,557

Ti-7-125 616,033 1,109,533

Ti-7-126 615,652 1,109,506

Ti-7-127 613,316 1,109,441

Ti-7-128 611,375 1,109,312

Ti-7-129 611,076 1,109,287

Ti-7-130 610,497 1,109,309

Ti-7-131 610,236 1,109,255

Ti-7-132 608,446 1,109,185

Ti-7-133 607,963 1,109,235

Ti-7-134 607,726 1,109,270

Ti-7-135 607,570 1,109,326

Ti-7-136 607,363 1,109,441

Ti-7-137 607,271 1,109,574

Ti-7-138 607,215 1,109,756

Ti-7-138A 606,590 1,110,203

Ti-7-138B 605,488 1,110,094

Ti-7-139 605,446 1,109,729

Ti-7-140 605,357 1,109,499

Ti-7-141 604,728 1,108,965

Ti-7-142 603,187 1,108,572

Ti-7-143 601,827 1,108,353

Ti-7-144 601,528 1,108,275

Ti-7-145 600,384 1,108,160

Ti-7-146 597,511 1,107,747

Ti-7-147 596,001 1,107,589

Ti-7-148 595,439 1,107,538

Ti-7-149 595,111 1,107,567

Ti-7-150 594,576 1,107,360

Ti-7-151 593,266 1,107,033

Ti-7-152 592,923 1,106,907

Ti-7-153 592,375 1,106,812

Ti-7-154 592,043 1,106,723

Ti-7-155 591,495 1,106,642

Ti-7-156 591,069 1,106,555

Ti-7-157 590,917 1,106,452

Ti-7-158 590,692 1,106,577

Ti-7-159 589,950 1,106,387

Ti-7-160 589,555 1,106,357

Ti-7-161 589,508 1,106,294

Ti-7-162 588,511 1,106,271

Ti-7-163 588,166 1,106,184

Ti-7-164 587,443 1,105,946

Ti-7-165 586,940 1,105,880

Ti-7-166 586,541 1,105,690

Ti-7-167 586,307 1,105,425

Ti-7-168 586,275 1,105,303

Description of Location of Point Number Ti-7-168: A point near the north end of the headlands at Cape Kiwanda located in section 13 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-169 584,879 1,105,024

Description of Location of Point Number Ti-7-169: A point near the south end of the headlands at Cape Kiwanda located in section 13 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-170 584,943 1,105,176

Ti-7-171 584,920 1,105,306

Ti-7-172 584,785 1,105,489

Ti-7-173 584,486 1,105,725

Ti-7-174 584,067 1,105,949

Ti-7-175 583,794 1,106,060

Ti-7-176 582,447 1,106,291

Ti-7-177 581,986 1,106,320

Ti-7-178 580,712 1,106,517

Ti-7-179 579,529 1,106,630

Ti-7-180 578,628 1,106,654

Ti-7-181 577,896 1,106,615

Ti-7-182 577,310 1,106,645

Ti-7-183 576,545 1,106,588

Description of Location of Point Number Ti-7-183: A point near the north boundary of the Nestucca Spit Park located in section 25 of township 4 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-184 563,870 1,105,586

Description of Location of Point Number Ti-7-184: A point near the south end of the Nestucca Bay sand spit located in section 1 of township 5 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-185 563,121 1,105,422

Ti-7-186 562,775 1,105,342

Ti-7-187 562,449 1,104,966

Ti-7-188 562,278 1,104,854

Ti-7-189 561,494 1,104,672

Ti-7-190 561,308 1,104,578

Ti-7-191 560,941 1,104,548

Ti-7-192 560,790 1,104,497

Ti-7-193 560,754 1,104,397

Ti-7-194 560,593 1,104,376

Ti-7-195 560,372 1,104,290

Ti-7-196 560,241 1,104,283

Ti-7-197 560,241 1,104,363

Ti-7-198 560,165 1,104,416

Ti-7-199 559,565 1,104,234

Ti-7-200 558,914 1,104,283

Ti-7-201 558,132 1,104,133

Ti-7-202 557,720 1,104,136

Ti-7-203 557,416 1,104,200

Ti-7-204 557,271 1,104,163

Ti-7-205 557,145 1,104,234

Ti-7-206 556,767 1,104,137

Ti-7-207 556,598 1,103,953

Ti-7-208 556,495 1,103,660

Ti-7-209 556,206 1,103,587

Ti-7-210 555,796 1,103,647

Ti-7-210A 555,558 1,103,839

Ti-7-210B 555,399 1,103,485

Ti-7-211 555,268 1,103,430

Ti-7-212 555,080 1,103,479

Ti-7-213 554,132 1,103,160

Ti-7-214 553,822 1,103,024

Ti-7-215 552,907 1,103,002

Ti-7-216 552,509 1,102,822

Ti-7-217 552,330 1,102,906

Ti-7-218 552,144 1,102,790

Ti-7-219 551,268 1,102,583

Ti-7-220 550,789 1,102,443

Ti-7-221 550,365 1,102,446

Ti-7-222 550,132 1,102,342

Ti-7-223 549,616 1,102,223

Ti-7-224 549,021 1,102,086

Ti-7-225 548,515 1,102,174

Ti-7-226 548,045 1,101,928

Ti-7-227 547,650 1,101,841

Ti-7-228 547,137 1,101,762

Ti-7-229 546,721 1,101,592

Ti-7-230 546,598 1,101,590

Ti-7-231 546,179 1,101,457

Ti-7-232 545,927 1,101,496

Ti-7-233 545,736 1,101,282

Ti-7-234 545,227 1,101,182

Ti-7-234A 544,521 1,100,882

Ti-7-235 544,030 1,100,781

Ti-7-236 543,486 1,100,741

Ti-7-237 543,049 1,100,540

Ti-7-238 542,679 1,100,713

Ti-7-239 542,576 1,100,809

Ti-7-239A 542,571 1,100,910

Ti-7-239B 542,633 1,100,971

Ti-7-239C 542,222 1,101,135

Ti-7-240 541,526 1,100,550

Ti-7-241 541,447 1,100,496

Ti-7-242 541,422 1,100,430

Ti-7-243 540,945 1,100,110

Ti-7-244 540,457 1,100,012

Ti-7-245 540,099 1,099,832

Ti-7-246 539,845 1,099,625

Ti-7-247 539,847 1,099,586

Ti-7-248 539,744 1,099,482

Ti-7-249 539,703 1,099,466

Description of Location of Point Number Ti-7-249: A point near the north end of the headlands on the north side of Cascade Head located in section 35 of township 5 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-250 523,326 1,094,861

Description of Location of Point Number Ti-7-250: A point near the east end of the headlands on the south side of Cascade Head located in section 14 of township 6 south, range 11 west of the Willamette Meridian in Tillamook County.

Ti-7-250A 522,807 1,095,300

Ti-7-250B 522,247 1,095,417

Ti-7-251 522,189 1,095,089

Ti-7-252 521,960 1,094,886

Li-7-1 521,877 1,094,819

Description of Location of Point Number Li-7-1: A point near the Tillamook-Lincoln county line.

Li-7-2 519,691 1,094,773

Li-7-2A 519,502 1,094,647

Description of Location of Point Number Li-7-2A: A point near the north end of the headlands at the south end of the sand spit at the mouth of the Salmon River located in section 23 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-3 519,537 1,094,519

Description of Location of Point Number Li-7-3: A point near the southwest end of the headlands at the south end of the sand spit at the mouth of the Salmon River located in section 23 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-4 519,263 1,094,410

Li-7-5 519,133 1,094,540

Li-7-6 518,997 1,094,408

Li-7-7 518,796 1,094,379

Li-7-8 518,587 1,094,221

Li-7-9 518,396 1,093,880

Li-7-10 518,408 1,093,725

Description of Location of Point Number Li-7-10: A point near the north end of the headlands northwest of Coon Lake located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-11 518,136 1,093,626

Description of Location of Point Number Li-7-11: A point near the south end of the headlands northwest of Coon Lake located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-12 518,059 1,093,671

Li-7-13 517,822 1,093,636

Li-7-14 517,635 1,093,559

Li-7-15 517,461 1,093,343

Li-7-16 517,415 1,093,152

Li-7-17 517,434 1,092,979

Description of Location of Point Number Li-7-17: A point near the north end of the headlands north of the Town of Road’s End located in section 22 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-18 515,292 1,092,596

Description of Location of Point Number Li-7-18: A point near the south end of the headlands north of the Town of Road’s End located in section 27 of township 6 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-19 515,261 1,092,731

Li-7-20 515,117 1,092,921

Li-7-21 515,021 1,093,010

Li-7-22 514,830 1,093,127

Li-7-23 514,602 1,093,209

Li-7-24 514,370 1,093,270

Li-7-25 514,191 1,093,279

Li-7-26 513,830 1,093,339

Li-7-27 513,491 1,093,357

Li-7-28 512,314 1,093,322

Li-7-29 512,224 1,093,336

Li-7-30 510,514 1,093,245

Li-7-31 509,812 1,093,179

Li-7-32 509,682 1,093,143

Li-7-33 509,435 1,093,101

Li-7-34 509,375 1,093,122

Li-7-35 509,069 1,093,034

Li-7-36 508,017 1,092,828

Li-7-37 506,696 1,092,542

Li-7-38 504,869 1,092,195

Li-7-39 504,734 1,092,146

Li-7-40 504,400 1,092,088

Li-7-41 504,271 1,092,007

Li-7-42 504,166 1,091,988

Li-7-43 504,008 1,092,005

Li-7-44 503,674 1,091,912

Li-7-45 503,312 1,091,872

Li-7-46 503,204 1,091,869

Li-7-47 502,847 1,091,774

Li-7-48 502,714 1,091,763

Li-7-49 502,386 1,091,756

Li-7-50 502,225 1,091,693

Li-7-51 502,143 1,091,693

Li-7-52 502,088 1,091,657

Li-7-53 501,988 1,091,631

Li-7-54 501,944 1,091,624

Li-7-55 501,722 1,091,592

Li-7-56 501,588 1,091,528

Li-7-57 501,497 1,091,503

Li-7-58 501,390 1,091,497

Li-7-59 501,365 1,091,486

Li-7-60 501,321 1,091,474

Li-7-61 501,298 1,091,463

Li-7-62 500,850 1,091,391

Li-7-63 500,718 1,091,411

Li-7-64 499,879 1,091,274

Li-7-65 499,385 1,091,157

Li-7-66 498,670 1,091,061

Li-7-67 497,823 1,090,866

Li-7-68 497,233 1,090,690

Li-7-69 496,422 1,090,594

Li-7-70 495,945 1,090,488

Li-7-71 494,473 1,090,275

Li-7-72 494,420 1,090,363

Li-7-73 494,284 1,090,309

Description of Location of Point Number Li-7-73: A point near the north boundary of D River State Wayside located in section 15 of township 7 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-74 493,843 1,090,125

Description of Location of Point Number Li-7-74: A point near the south boundary of D River State Wayside located in section 15 of township 7 south, range 11 west of the Willamette Meridian in Lincoln County.

Li-7-75 493,814 1,090,060

Li-7-76 492,402 1,089,616

Li-7-77 491,260 1,089,342

Li-7-78 491,166 1,089,322

Li-7-79 490,870 1,089,247

Li-7-80 489,928 1,089,005

Li-7-81 489,620 1,088,961

Li-7-82 488,669 1,088,949

Li-7-82A 488,637 1,088,889

Li-7-83 488,075 1,088,663

Li-7-84 487,626 1,088,428

Li-7-85 486,116 1,088,374

Li-7-86 485,659 1,088,303

Li-7-87 485,091 1,088,202

Li-7-88 484,395 1,088,116

Li-7-89 484,358 1,088,149

Li-7-90 484,251 1,088,115

Li-7-91 483,284 1,087,949

Li-7-92 482,954 1,087,979

Li-7-93 482,712 1,087,963

Li-7-94 482,628 1,087,904

Li-7-95 482,564 1,088,018

Li-7-96 482,139 1,088,011

Li-7-97 480,591 1,087,794

Li-7-98 480,279 1,087,846

Li-7-98A 480,081 1,087,939

Li-7-98B 479,857 1,088,114

Li-7-98C 479,781 1,088,257

Li-7-98D 479,611 1,088,768

Li-7-98E 478,500 1,088,109

Li-7-99 478,397 1,087,758

Li-7-100 478,143 1,087,509

Li-7-101 476,617 1,086,979

Li-7-102 475,960 1,086,770

Li-7-103 474,682 1,086,574

Li-7-104 472,997 1,086,230

Li-7-104A 471,682 1,085,904

Li-7-105 471,222 1,085,803

Li-7-106 469,714 1,085,429

Li-7-107 468,683 1,085,187

Li-7-108 467,756 1,084,910

Li-7-108A 466,950 1,084,728

Li-7-109 466,375 1,084,556

Li-7-110 465,880 1,084,494

Li-7-111 464,770 1,084,177

Li-7-112 463,989 1,084,045

Li-7-113 463,900 1,084,075

Li-7-114 463,616 1,083,926