Oregon Administrative Code

736-018-0010 Purpose of State Park Master Plans The purpose of state park master plans is to plan for protection and public enjoyment of state park resources. Master plans identify and provide for protection of important natural, cultural and scenic resources within state parks, …

736-018-0015 State Park Master Planning Process This rule describes the process the Department follows in completing new state park master plans and amending existing master plans. In the master planning process, the Department shall provide reports and maps as appropriate for ea…

736-018-0020 State Park Master Planning Criteria The state park master planning criteria described in section (2) of this rule shall be the basis for decisions on new and amended state park master plans, including decisions on the uses that are appropriate for each state park, th…

736-018-0025 State Park Uses The Department may propose any uses for a state park which are consistent with the state park master planning criteria described in OAR 736-018-0020. (1) The Commission and Department recognize that certain state park uses are traditional in Oregon’s …

736-018-0028 Local Government Coordination Notwithstanding OAR 736 division 70, this rule describes the process the Department follows in coordinating with affected local governments in a master planning process as described in OAR 736-018-0015. This rule is intended to be used i…

736-018-0030 Dispute Resolution Notwithstanding OAR 736 division 70, this rule sets forth the Department’s requirements for resolving objections that may be raised by affected local governments in the master planning process as described in OAR 736-018-0028(9). This rule is inten…

736-018-0035 State Park Master Plans Previously Adopted as State Rules Notwithstanding OAR 736-018-0015, 736-018-0028, and 736 division 70, the Department shall follow the process described in sections (1) and (2) of this rule in coordinating with an affected local government for…

736-018-0040 Minor Variations from Master Plans The Director may propose park uses or facilities that vary from the provisions of adopted master plans without amending the master plans, provided that such variations are minor. Prior to applying for local government permits for a …

736-018-0043 Existing State Park Uses As provided by ORS 195.125 and OAR 660-034-0030, state park uses and facilities that existed on July 25, 1997, may be continued subject to the discretion of the Commission and Director, whether or not such uses are part of an adopted master p…

736-018-0045 Adopted State Park Master Plan Documents (1) The following state park master plan documents have been adopted and incorporated by reference into this division: (a) Fort Stevens State Park Master Plan, as amended in 2001; (b) Cape Lookout State Park, amended in 2012 a…

736-018-0050 Management of State Park Forests: Policy The State Parks and Recreation Division shall manage forest resources to provide for the public’s enjoyment and to protect the natural resources. The Division shall determine the sensitivity of a forest where management needs …

736-018-0060 Management of State Park Forests: Objectives (1) Protect the natural qualities of sensitive forest resources. (2) Manage forests to control fire and destructive pests, improve growth and vigor, rehabilitate damaged areas, and create desirable conditions. (3) Manage f…

736-018-0070 Management of State Park Forests: Planning, Coordination, and Cooperation The Division shall: (1) Incorporate forest management in park master plans. For parks without master plans, plans for significant programs shall be prepared and publicized as set forth in these…

736-018-0080 Management of State Park Forests: Definitions (1) “Division” means the Parks and Recreation Division of the Oregon Department of Transportation. (2) “Administrator” means the administrator of the Division. (3) “Forest” means an area characterized by native trees outs…

736-018-0090 Management of State Park Forests: Determination of Significance The Division shall determine significance levels by evaluating the sensitivity of forests and potential impacts of practices: (1) Sensitivity: Sensitivity of forests in parks for which there is no master…

736-018-0105 Log Export Rules: Definitions (1) “Export” means that unprocessed timber is loaded on a vessel or other conveyance with a foreign destination or is present at a facility such as a port or dock with intent to load it on a vessel or other conveyance with a foreign dest…

736-018-0110 Log Export Rules: Criteria Regarding Log Export of Eligibility to Bid on Department Timber Sale Contracts (1) In addition to all other requirements of law, any person submitting a bid for the purchase of state timber between the time this rule takes effect and June 1…

736-018-0115 Log Export Rules: Prohibition Against Indirect Substitution In addition to all other requirements of law, no person who is prohibited from purchasing timber directly from the Department may purchase state timber from any other person. Acquisitions of Western Red Ceda…

736-018-0120 Log Export Rules: Applicable State Timber All unprocessed timber, as defined in OAR 736-018-0105, which originates from state lands is prohibited from export. Statutory/Other Authority: ORS 390.121(3) Statutes/Other Implemented: ORS 390.121 History: PR 6-1991, f. & c…

736-018-0125 Log Export Rules: Surplus Timber The prohibitions against export contained in OAR 736-018-0105 to 736-018-0145 shall not apply to specific quantities of grades and species of unprocessed timber originating from state land which the United States Secretary of Agricult…

736-018-0130 Log Export Rules: Reporting Requirements (1) Before the Department will issue final acceptance of timber sale contract requirements, a purchaser of state timber must: (a) Notify the Department of the delivery destination of all timber purchased under that contract. N…

736-018-0135 Log Export Rules: Purchaser Disqualification and Termination of Contracts (1) The Department shall keep a record of any person who violates the requirements of OAR 736-018-0105 to 736-018-0140. In addition, the Department shall subscribe to and keep lists or records …

736-018-0140 Log Export Rules: Log Branding and Marking Requirements (1) All state timber originating from state timber sales shall be branded with an assigned and registered brand before removal from the sale area. Unless prevented by the size or condition of wood, both ends of …

736-018-0145 Log Export Rules: Enforcement Investigation of suspected violations of these rules and/or surveillance of unprocessed timber in transit and at port facilities may be conducted by the Department, or contracted by the Department to other state or federal agencies. Any …

736-019-0000 Scope and Purpose This division implements the statutory mandate in ORS 390.112 to describe criteria for the acquisition and development of new historic sites, parks and recreation areas. The purpose of this division is to establish a methodology for consideration of…

736-019-0020 Definitions As used in this division, unless the context requires otherwise: (1) "Acquisition" means obtaining title to real property or any right or interest therein, or an interest in timber or other assets, by purchase, agreement, donation, exchange, gift, devise,…

736-019-0040 Policy The Department shall use sound principles of real estate acquisition when acquiring or exchanging real property, comply with all federal and state laws pertaining to real property acquisition, and ensure the prudent use of public monies in its real property tr…

736-019-0060 Criteria for Acquisition (1) The Department will: (a) Establish and maintain a list of properties and areas of interest. The Department may acquire properties on that list as they become available, subject to approval and the availability of funds. (b) Consider park …

736-019-0070 Criteria for Exchange (1) In considering an acquisition that includes a sale or exchange of real property owned by the Department, the Department will: (a) Apply all elements of the “Criteria for Acquisition” provided in OAR 736-019-0060, and (b) Apply the provisions…

736-019-0080 Sources of Funding The Department will: (1) Purchase lands with appropriations granted by the Legislature. (2) Use proceeds from land sales to purchase other lands pursuant to ORS 390.121(3). (3) Accept donated private funds and donated lands. (4) Seek state, federal…

736-019-0100 Acquisition Practices (1) The Department will: (a) Engage in land purchases and land sales in which the value of the land is established by an up-to-date appraisal prepared by an independent professional appraiser or a qualified government employee. (b) Obtain an ind…

736-019-0120 Working with Other Parties The Department may collaborate on land acquisitions with other parties, including county governments, state and federal agencies, non-profit organizations, private corporations, landowners, and private land trusts. It is the policy of the D…

736-020-0001 Scope and Purpose These rules implement the statutory mandates in ORS 390.605 to 390.660 and 390.690 to 390.770 to protect and preserve the scenic and recreational values and public rights in the ocean shore, permit certain types of development according to standards…

736-020-0002 Definitions (1) “Alteration” — means “improvement” as that term is defined by statute, ORS 390.605(1), and included in these definitions at OAR 736-020-0002(9). (2) “Commission” — means the Oregon Parks and Recreation Commission. (3) “Construction Value” — means the …

736-020-0003 Ocean Shore Permit Application Review Process (1) In accordance with ORS 390.640, 390.715, and 390.725, no person shall make an alteration, or construct a pipeline, cable line or conduit or remove any natural product on any property that is within the ocean shore, wi…

736-020-0004 Fees (1) Fees — each application filed under ORS 390.640, for an alteration on the ocean shore shall be accompanied by a processing fee for the purpose of partial recovery to the department of its administrative costs. The fee shall be determined according to the con…

736-020-0005 Factors Evaluated (1) Each site on the ocean shore presents different conditions and applicants have varying project needs. Evaluations point up the relative significance of the general, scenic, recreational, safety, and other interests of the public. In acting on an…

736-020-0010 General Standards The following general standards shall be applied, where applicable, to each application for an ocean shore permit: (1) Project Need — There shall be adequate justification for the project to occur on and alter the ocean shore area. (2) Protection of…

736-020-0015 Scenic Standards Projects on the ocean shore shall be designed to minimize damage to the scenic attraction of the ocean shore area. The following scenic standards shall be applied, where applicable, to each application for an ocean shore permit. (1) Natural Features …

736-020-0020 Recreation Use Standards The following recreation use standards shall be applied, where applicable, to each application for an ocean shore permit. (1) Recreation Use — The project shall not be a detriment to public recreation use opportunities within the ocean shore …

736-020-0025 Safety Standards The project shall be designed to avoid or minimize safety hazards to the public and shoreline properties. The following safety standards shall be applied, where applicable, to each application for an ocean shore permit. (1) Structural Safety — The pr…

736-020-0030 Natural and Cultural Resource Standards (1) Projects on the ocean shore shall avoid or minimize damage to the following natural resources, habitat, or ocean shore conditions, and where applicable, shall not violate state standards: (a) Fish and wildlife resources inc…

736-020-0032 Permit Conditions (1) All permits issued under these division 20 rules may be conditioned to avoid, minimize or mitigate impact to the ocean shore, assure public safety, preserve the natural, scenic, recreational and economic values of the ocean shore and require the…

736-020-0035 Natural Product Removal from the Ocean Shore: Exceptions, Compensation (1) In accordance with ORS 390.725, natural products of the ocean shore, such as agates, small amounts of marine algae, driftwood or souvenirs of the ocean shore, may be taken by any person, for t…

736-020-0040 Pipelines or Conduits Under Ocean Shore: Policy, Compensation (1) Pursuant to ORS 390.610(4), it is the policy of the Department to prohibit the use of the ocean shore as a north-south utility, communication, transshipment or conveyance corridor. This prohibition app…

736-020-0050 Eligibility for Emergency Permit (1) In accordance with ORS 390.650(6), an emergency permit for a new improvement or alteration may be issued, unless otherwise prohibited by law, to provide immediate and temporary protection where property is in imminent peril of bei…

736-020-0060 Review and Issuance of Emergency Permit (1) Upon inspection of the site by a Department employee or authorized representative of the Department, an emergency permit may be issued, written or oral, by an employee specifically designated by the Director to issue an Oce…

736-020-0070 Terms and Conditions of Permit (1) Under an emergency permit authorization, material placed on the ocean shore, other than beach sand moved for watercourse alterations, shall be considered temporary and shall be removed within a time specified by the Department, exce…

736-020-0100 Powers of Enforcement Any improvement, addition, modification or alteration made on the ocean shore, or any pipeline, cable line or conduit constructed across or under the ocean shore, or any natural product removed from the ocean shore for commercial use without a p…

736-020-0110 Disposition of Fees and Penalties (1) The Department shall establish an account for fees and penalties collected by the Department, or awarded by the court(s), in the administration of the ocean shore statutes. The moneys in this account shall be dedicated to the oce…