Court Opinions

State Laws

US Code

US Constitution

Oregon Statutes - Chapter 390 - State and Local Parks; Recreation Programs; Scenic Waterways; Recreation Trails

Legal Research Home >

• 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...
• 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...
• 390.050   Park and recreation violations; enforcement; disposition of fines and costs.
  (1) In addition to any other persons permitted to enforce violations, the State Parks and Recreation Department and any employee of the State Parks and...
• 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...
• 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...
• 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...
• 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...
• 390.070   [1997 c.800 §5; repealed by 1999 c.44 §29]
• 390.073   [1997 c.800 §6; repealed by 1999 c.44 §29]
• 390.075   [1997 c.800 §7; repealed by 1999 c.44 §29]
• 390.077   [1997 c.800 §8; repealed by 1999 c.44 §29]
• 390.080   [1997 c.800 §8a; repealed by 1999 c.44 §29]
• 390.110   [Formerly 366.345; repealed by 1989 c.904 §48]
• 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...
• 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...
• 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...
• 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...
• 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...
• 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;...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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....
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 390.260   Application of Willamette River Greenway laws; 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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)...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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]
• 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...
• 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...
• 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...
• 390.565   All-Terrain Vehicle Account Allocation Committee; appointment; term; duties.
  (1) The All-Terrain Vehicle Account Allocation Committee is established. The committee shall consist of seven voting members and four nonvoting members appointed by the State...
• 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:...
• 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:...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 390.674   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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 390.729   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...
• 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]
• 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...
• 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...
• 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...
• 390.775   [1977 c.263 §1; repealed by 1983 c.338 §978]
• 390.780  
  [1977 c.263 §2; 1981 c.239 §1; repealed by 1983 c.338 §978]
• 390.785  
  [1977 c.263 §3; 1979 c.819 §1; repealed by 1983 c.338 §978]
• 390.790  
  [1977 c.263 §4; 1979 c.819 §2; repealed by 1983 c.338 §978]
• 390.792  
  [1979 c.819 §4; 1983 c.335 §1; repealed by 1983 c.338 §978]
• 390.795  
  [1977 c.263 §5; 1983 c.335 §2; repealed by 1983 c.338 §978] SCENIC WATERWAYS
• 390.805   Definitions for ORS 390.805 to 390.925.
  As used in ORS 390.805 to 390.925, unless the context requires otherwise: (1) “Related adjacent land” means all land within one-fourth of one mile of...
• 390.815   Policy; establishment of system.
  The people of Oregon find that many of the free-flowing rivers of Oregon and Waldo Lake and lands adjacent to such lake and rivers possess...
• 390.825   [1971 c.1 §3; 1975 c.612 §1; 1977 c.671 §1; 1983 c.334 §3; 1985 c.781 §§1,2; 1987 c.291 §1; repealed by 1989 c.2 §1 (390.826 enacted in lieu of 390.825)]
• 390.826   Designated scenic waterways.
  The following lakes and rivers, or segments of rivers, and related adjacent land are designated as scenic waterways: (1) The Metolius Scenic Waterway which includes...
• 390.827   Effect of ORS 390.826 on rights of Indian tribes.
  Nothing in ORS 390.826 shall: (1) Affect or modify any treaty or other rights of any Indian tribe; or (2) Affect lands held in trust...
• 390.835   Highest and best use of waters within scenic waterways; prohibitions; authority of various agencies; water rights; conditions; recreational prospecting; placer mining.
  (1) It is declared that the highest and best uses of the waters within scenic waterways are recreation, fish and wildlife uses. The free-flowing character...
• 390.845   Administration of scenic waterways and related adjacent lands; limitations on use; condemnation; rules.
  (1) Except as provided in ORS 390.835, scenic waterways shall be administered by the State Parks and Recreation Department, each in such manner as to...
• 390.848   Passes for use of parts of Deschutes River; rules; fee; exemption from fee; disposition of moneys.
  (1) The State Parks and Recreation Department shall establish, by rule, a system for issuing passes necessary to comply with the requirements under ORS 390.851....
• 390.851   Activities prohibited on parts of Deschutes River without pass; exceptions.
  (1) Unless the person has an appropriate pass issued under ORS 390.848, no person shall launch, operate or ride in any boat or engage in...
• 390.855   Designation of additional scenic waterways.
  The State Parks and Recreation Department shall undertake a continuing study and submit periodic reports to the Governor, with the concurrence of the Water Resources...
• 390.865   Authority of legislature over designation of additional scenic waterways.
  The designation of a river or segment of a river and related adjacent land, pursuant to ORS 390.855, shall not become effective until the day...
• 390.875   Transfer of public lands in scenic waterways to department; administration of nontransferred lands.
  Any public land within or adjacent to a scenic waterway, with the consent of the governing body having jurisdiction thereof, may be transferred to the...
• 390.885   Exchange of property within scenic waterway for property outside waterway.
  In acquiring related adjacent land by exchange, the State Parks and Recreation Department may accept title to any property within a scenic waterway, and in...
• 390.895   Use of federal funds.
  In addition to State of Oregon funds available for the purposes of ORS 390.805 to 390.925, the State Parks and Recreation Department shall use such...
• 390.905   Effect of ORS 390.805 to 390.925 on other state agencies.
  Nothing in ORS 390.805 to 390.925 affects the jurisdiction or responsibility of other state agencies with respect to boating, fishing, hunting, water pollution, health or...
• 390.910   Intergovernmental cooperation; county representative on management advisory committee.
  In carrying out the provisions of ORS 390.805 to 390.925, the State Parks and Recreation Department may enter into intergovernmental agreements to form committees to...
• 390.915   Determination of value of scenic easement for tax purposes; easement exempt.
  For ad valorem tax purposes, real property that is subject to a scenic easement shall be valued at its real market value, less any reduction...
• 390.925   Enforcement.
  In addition to any other penalties provided by law for violation of ORS 390.805 to 390.925 or rules adopted thereunder, the State Parks and Recreation...
• 390.930   Definitions for ORS 390.930 to 390.940.
  As used in ORS 390.930 to 390.940: (1) “Managing agencies” includes: (a) State Parks and Recreation Department; (b) State Department of Fish and Wildlife; (c)...
• 390.932   Creation of Deschutes River Scenic Waterway Recreation Area.
  There is created the Deschutes River Scenic Waterway Recreation Area consisting of the segment of the Deschutes River scenic waterway under ORS 390.825 that is...
• 390.934   Management of Deschutes River Scenic Waterway Recreation Area; plan; rules; budget.
  (1) The State Parks and Recreation Department shall have primary management responsibility for the State of Oregon to manage the Deschutes River Scenic Waterway Recreation...
• 390.936   Rules.
  In accordance with applicable provisions of ORS chapter 183, the State Parks and Recreation Department shall adopt rules necessary to carry out those provisions of...
• 390.938   Guidelines for management and development.
  The Deschutes River Scenic Waterway Recreation Area shall be managed and developed in accordance with the following guidelines: (1) To the extent allowed under ORS...
• 390.940   Relationship to other laws.
  The State Parks and Recreation Department and state and local managing agencies shall manage the Deschutes River Scenic Waterway Recreation Area according to the provisions...
• 390.950   Short title.
  ORS 390.950 to 390.989 and 390.995 (2) may be cited as the Oregon Recreation Trails System Act. [1971 c.614 §1]
• 390.953   [1971 c.614 §2; 1989 c.904 §27; repealed by 2001 c.104 §134]
• 390.956   Policy.
  (1) In order to provide for the ever-increasing outdoor recreation needs of an expanding resident and tourist population and in order to promote public access...
• 390.959   Composition of trails system; establishment of markers.
  The system of Oregon recreation trails shall be composed of trails established as provided in ORS 390.962 and 390.965. The State Parks and Recreation Department,...
• 390.962   Criteria for establishing trails; location; statutes authorizing trails for motorized vehicles unaffected.
  (1) Upon finding that such trails will meet the criteria established in ORS 390.950 to 390.989 and 390.995 (2) and such supplementary criteria as the...
• 390.965   Hearing required; information to be considered.
  (1) The State Parks and Recreation Department may establish trails after public meetings in the areas of the state where trails are planned and only...
• 390.968   Selection of rights of way for trails.
  (1) The State Parks and Recreation Department shall select the rights of way for trails designated as Oregon Recreation Trails by ORS 390.962 (1)(a) and...
• 390.971   Department duties and powers; rules.
  (1) Within the exterior boundaries of areas under its administration that are included in the right of way selected for an Oregon recreation trail as...
• 390.974   Intergovernmental cooperation to obtain property for use in trail system.
  The State Parks and Recreation Department is authorized and encouraged to consult and to cooperate with any state, federal or local governmental agency or body...
• 390.977   Oregon Recreation Trails Advisory Council; members; appointment; terms; duties; expenses; officers; quorum; meetings.
  (1) There is established an Oregon Recreation Trails Advisory Council consisting of seven members, at least one from each congressional district in the state. However,...
• 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.
  In addition to State of Oregon funds available for the purposes of ORS 390.950 to 390.989 and 390.995 (2), the State Parks and Recreation Department...
• 390.983   Trail property tax assessment.
  For ad valorem tax purposes, real property that is subject to an easement, or a written cooperative agreement, for purposes of ORS 390.950 to 390.989...
• 390.986   Injunctive relief for violation of ORS 390.950 to 390.989.
  The State Parks and Recreation Department has power to obtain injunctions against violations of any provisions of ORS 390.950 to 390.989 and any rules and...
• 390.989   Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989.
  Any power of eminent domain otherwise vested in the State Parks and Recreation Department does not apply to any power or duty vested in the...
• 390.990   Violations.
  (1) Subject to ORS 153.022, a person commits a Class A violation if the person violates: (a) ORS 390.678. (b) Any rule adopted under ORS...
• 390.992   Civil penalties.
  (1) Any person who violates any provision of ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770 or any rule, order or permit adopted...
• 390.995   Criminal penalties.
  (1) Violation of ORS 390.640 is a misdemeanor. (2) Subject to ORS 153.022, any person who violates a rule adopted under ORS 390.950 to 390.989...

Last modified: August 7, 2008