(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.
[1989 c.904 §3]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] (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](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] 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.
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](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. [1989 c.904
§§10,10a; 1991 c.67 §93; 1999 c.316 §7; 2003 c.519 §1](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] 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](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.
(c) “Motor home” has the meaning given that term in ORS 801.350.
(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.
(c) Revenue from fees and charges pursuant to ORS 390.124.
(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) or (7) 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) 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 maintenance, care and use of county
park and recreation sites. The moneys in the subaccount under this
subsection must be accounted for separately. The following apply to the
distribution of moneys under this subsection:
(a) The moneys must be distributed among the several counties for
the purposes described in this subsection. 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 subsection must be remitted to
the county treasurers of the several counties by warrant.
(c) 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.
(d) 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 areas. 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) On or before January 15 of each odd-numbered year, the State
Parks and Recreation Director shall report to the Joint Legislative
Committee on Ways and Means created by ORS 171.555 on the use of moneys
deposited pursuant to ORS 805.256 in the fund. 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] (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](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]
(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](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;
(c) Provide support for special recreation facility interpretive
programs or environmental education programs;
(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] 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]
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] (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]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](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 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 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] (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](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. 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; or
(b) Provides services or seeks to provide services to the
department as a contractor or volunteer; 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 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 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; or
(i) In which the person may issue citations under ORS 390.050.
[2005 c.730 §55]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. (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] 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.
(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)(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] 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] (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 (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] (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)(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](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](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) 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] (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]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](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] (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)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.
(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) 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] (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](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](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](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)(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](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](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) 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]
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]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] 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]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]ALL-TERRAIN VEHICLES 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. [1999 c.977 §2] 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 all-terrain vehicle safety education courses under ORS 390.570
and Class III all-terrain vehicle safety education courses under ORS
390.575, 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 and Class III all-terrain vehicle safety education courses under ORS
390.570 and 390.575.
(3) The moneys transferred from the Department of Transportation
under ORS 802.125 that represent unrefunded fuel tax. [1999 c.977 §3] 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 in all-terrain
vehicle recreation areas designated by the appropriate authority;
(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; and
(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 Account Allocation Committee. [1999 c.977 §4;
2005 c.22 §267](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 Parks and
Recreation Commission for a term of four years. Members are eligible for
reappointment and vacancies may be filled by the commission.
Recommendations under subsection (4)(a) of this section on allocation of
moneys in the All-Terrain Vehicle Account must receive an affirmative
vote from at least four of the voting members of the committee.
(2) Of the voting members of the committee:
(a) Two shall be representatives of Class I all-terrain vehicle
user organizations.
(b) One shall be a representative of a four wheel drive vehicle
user organization.
(c) One shall be a representative of a dune buggy user organization.
(d) One shall be an all-terrain vehicle user.
(e) Two shall be representatives of Class III all-terrain vehicle
user groups.
(3) Of the nonvoting members of the committee:
(a) One shall be a representative of the State Parks and Recreation
Department.
(b) One shall be a representative of the United States Forest
Service.
(c) One shall be a representative of the Bureau of Land Management.
(d) One shall be a representative of a snowmobile user organization.
(4) The committee 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;
(b) Recommend, to managers of publicly and privately owned lands,
trails and areas that may not be used by any Class II all-terrain vehicle
that has not been issued an operating permit under ORS 390.580; and
(c) Advise the department on candidates for appointment to the
committee.
(5) The department shall provide staff support for the committee
and shall provide for expansion of programs for all-terrain vehicle
users. [1999 c.977 §5](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 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.
(2) The department shall adopt rules to provide for Class I
all-terrain vehicle safety education courses 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](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 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.
(2) The department shall adopt rules to provide for Class III
all-terrain vehicle safety education courses 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](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 or Class III 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] The State Parks and Recreation Department may adopt
rules necessary for carrying out the duties imposed by ORS 390.550 to
390.590. [1999 c.977 §9](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.
(c) Application for a permit shall state the name and address of
each owner.
(d) The fee for issuance of a permit shall be $10. [1999 c.977 §10]OCEAN SHORES; STATE RECREATION AREAS(General Provisions)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] (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]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]
(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]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] (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
(c) Maintain beach access sites in a safe and litter-free manner.
[1999 c.872 §2](Regulating Use of Ocean Shore) 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](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] (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
(c) Improving native biological values of the ocean shore.
(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] 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](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)]
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]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](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.
(c) Conduct public hearings in accordance with ORS chapter 183.
(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]
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](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](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] (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](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.
(c) The impact of the violation on public interests in navigation,
fishery and recreation.
(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](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]
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] 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)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](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. Such
permit 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) hereof
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 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 assure 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]
(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](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
(c) Biologists, wildlife monitors or other natural resources
workers.
(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]
(Vegetation Line)(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]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 NumberFrom To From ToCl-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-7-167ECu-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] 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 Coordinate System, as
defined by ORS 93.330, 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 Coordinate System, 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 Coordinate System, south zone, located at y-coordinate
143,339 and x-coordinate 991,832, hereby designated point number Cu-7-634. Oregon Coordinate System,
Point north zone
Number y-coordinate x-coordinateCl-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 1,113,734Description 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 1,117,616Description 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 1,118,944Description 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 1,119,114Description 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 1,122,688Description 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 1,127,287Description 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 1,120,509Description 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 1,117,635Description 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 1,117,698Description 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 1,118,094Description 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 1,118,783Description 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 1,118,834Description 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-7-112A808,319 1,117,849
Cl-7-112B808,236 1,117,789
Cl-7-112C808,036 1,117,904
Cl-7-112D808,021 1,118,029
Cl-7-113 807,723 1,117,985
Cl-7-114 807,577 1,118,182
Cl-7-114A807,492 1,118,167
Cl-7-114B807,302 1,117,900
Cl-7-114C807,197 1,117,960
Cl-7-114D807,246 1,118,131
Cl-7-115 806,972 1,118,108Description 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 1,118,094Description 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-7-118A806,026 1,117,849
Cl-7-119 805,789 1,118,058
Cl-7-120 805,431 1,117,949
Cl-7-120A805,367 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 1,116,278Description 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 1,116,145Description 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 1,115,650Description 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 1,115,471Description 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 1,114,325Description 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 1,113,987Description 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 1,118,436Description 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 1,121,889Description 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 1,122,047Description 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 1,119,026Description 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 1,118,986Description 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 1,112,260Description 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 1,110,563Description 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 1,110,279Description 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 1,110,158Description 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 1,109,518Description 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 1,109,371Description 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 1,109,562Description 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 1,109,669Description 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-7-112A665,808 1,113,364
Ti-7-112B 665,466 1,113,850
Ti-7-113 662,710 1,113,335Description 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 1,107,235Description 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-7-138A606,590 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 1,105,303Description 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 1,105,024Description 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 1,106,588Description 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 1,105,586Description 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-7-210A555,558 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-7-234A544,521 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-7-239A542,571 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 1,099,466Description 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 1,094,861Description 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-7-250A522,807 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 1,094,819Description 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 1,094,647Description 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 1,094,519Description 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 1,093,725Description 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 1,093,626Description 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 1,092,979Description 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 1,092,596Description 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 1,090,309Description 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 1,090,125Description 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-7-104A471,682 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-7-108A466,950 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
Li-7-115 463,441 1,083,928
Li-7-116 462,754 1,083,621
Li-7-117 461,686 1,083,458
Li-7-118 461,447 1,083,355Description of Location of Point Number Li-7-118: A point near the
north boundary of Gleneden Beach State Wayside located in section 16 of
township 8 south, range 11 west of the Willamette Meridian in Lincoln
County.
Li-7-119 460,819 1,083,224Description of Location of Point Number Li-7-119: A point near the
south boundary of Gleneden Beach State Wayside located in section 16 of
township 8 south, range 11 west of the Willamette Meridian in Lincoln
County.
Li-7-120 460,676 1,083,165
Li-7-121 460,619 1,083,189
Li-7-122 460,479 1,083,124
Li-7-123 459,842 1,083,160
Li-7-124 459,810 1,083,056
Li-7-125 459,526 1,082,851
Li-7-126 458,278 1,082,499
Li-7-127 457,957 1,082,503
Li-7-128 457,823 1,082,373
Li-7-129 457,388 1,082,257
Li-7-130 457,345 1,082,264
Li-7-131 456,943 1,082,145
Li-7-132 456,756 1,082,195
Li-7-133 456,730 1,082,131
Li-7-134 456,340 1,081,936
Li-7-135 455,440 1,081,686
Li-7-136 455,234 1,081,688
Li-7-137 455,151 1,081,688
Li-7-138 454,875 1,081,542
Li-7-139 454,469 1,081,462
Li-7-140 454,339 1,081,439
Li-7-141 454,258 1,081,423
Li-7-142 453,718 1,081,178
Li-7-143 453,426 1,081,102
Li-7-144 452,947 1,081,025
Li-7-145 452,852 1,080,925
Li-7-146 451,855 1,080,644
Li-7-147 451,729 1,080,569
Li-7-148 451,344 1,080,438
Li-7-149 451,162 1,080,331
Li-7-150 451,005 1,080,288
Description of Location of Point Number Li-7-150: A point near the
north boundary of Lincoln Beach State Wayside located in section 28 of
township 8 south, range 11 west of the Willamette Meridian in Lincoln
County.
Li-7-151 450,586 1,080,122
Description of Location of Point Number Li-7-151: A point near the
south boundary of Lincoln Beach State Wayside located in section 28 of
township 8 south, range 11 west of the Willamette Meridian in Lincoln
County.
Li-7-152 450,196 1,079,877
Li-7-153 450,126 1,079,731
Li-7-154 450,167 1,079,513Description of Location of Point Number Li-7-154:A point near the
north end of the headlands on the north side of Fishing Rock located in
section 29 of township 8 south, range 11 west of the Willamette Meridian
in Lincoln County.
Li-7-155 449,614 1,079,632Description of Location of Point Number Li-7-155: A point near the
south end of the headlands on the south side of Fishing Rock located in
section 29 of township 8 south, range 11 west of the Willamette Meridian
in Lincoln County.
Li-7-156 449,234 1,079,367
Li-7-157 448,636 1,079,264
Li-7-158 448,598 1,079,333
Li-7-159 448,314 1,079,308
Li-7-160 448,214 1,079,378
Li-7-161 448,095 1,079,385Description of Location of Point Number Li-7-161: A point near the
north boundary of Fogarty Creek State Park located in section 32 of
township 8 south, range 11 west of the Willamette Meridian in Lincoln
County.
Li-7-162 447,462 1,079,064Description of Location of Point Number Li-7-162: A point near the
south boundary of Fogarty Creek State Park located in section 32 of
township 8 south, range 11 west of the Willamette Meridian in Lincoln
County.
Li-7-163 447,359 1,078,881
Li-7-164 447,289 1,078,862
Li-7-165 447,192 1,078,622Description of Location of Point Number Li-7-165: A point near the
north end of the headlands on the north side of Boiler Bay located in
section 32 of township 8 south, range 11 west of the Willamette Meridian
in Lincoln County.
Li-7-166 430,584 1,073,460Description of Location of Point Number Li-7-166: A point near the
northwest end of the headlands on the north side of Whale Cove located in
section 18 of township 9 south, range 11 west of the Willamette Meridian
in Lincoln County.
Li-7-166A430,612 1,073,565
Li-7-166B430,470 1,073,776
Li-7-166C430,518 1,073,943
Li-7-167 430,432 1,074,035
Li-7-167A430,274 1,074,000Description of Location of Point Number Li-7-167A: A point near the
southeast end of a short sand beach on the northeast side of Whale Cove
located in section 17 of township 9 south, range 11 west of the
Willamette Meridian in Lincoln County.
Li-7-168 416,791 1,074,778Description of Location of Point Number Li-7-168:A point near the
south end of the headlands south of
Otter Crest located in section 29 of township 9 south,
range 11 west of the Willamette Meridian in Lincoln
County.
Li-7-169 416,481 1,074,645
Li-7-170 416,355 1,074,507Description of Location of Point Number Li-7-170: A point near the
north end of the headlands north of Devil’s Punch Bowl located in section
32 of township 9 south, range 11 west of the Willamette Meridian in
Lincoln County.
Li-7-171 415,895 1,074,529Description of Location of Point Number Li-7-171: A point near the
south end of the headlands north of Devil’s Punch Bowl located in section
32 of township 9 south, range 11 west of the Willamette Meridian in
Lincoln County.
Li-7-172 415,863 1,074,660
Li-7-173 415,268 1,074,655
Li-7-174 414,849 1,074,703
Li-7-175 414,615 1,074,584
Li-7-176 414,600 1,074,476Description of Location of Point Number Li-7-176: A point near the
north end of the headlands at Otter Rock located in section 32 of
township 9 south, range 11 west of the Willamette Meridian in Lincoln
County.
Li-7-177 413,971 1,075,294Description of Location of Point Number Li-7-177: A point near the
south end of the headlands at Otter Rock located in section 32 of
township 9 south, range 11 west of the Willamette Meridian in Lincoln
County.
Li-7-178 413,506 1,075,645
Li-7-179 412,961 1,075,950
Li-7-180 412,559 1,076,104
Li-7-181 411,922 1,076,232
Li-7-182 411,277 1,076,281Description of Location of Point Number Li-7-182: A point near the
north boundary of property owned through the State Parks and Recreation
Department located in section 32 of township 9 south, range 11 west of
the Willamette Meridian in Lincoln County.
Li-7-183 398,161 1,074,515Description of Location of Point Number Li-7-183: A point near
Moloch Creek located in section 17 of township 10 south, range 11 west of
the Willamette Meridian in Lincoln County.
Li-7-184 397,774 1,074,441
Li-7-185 397,597 1,074,358
Li-7-186 397,330 1,074,317
Li-7-187 397,266 1,074,257
Li-7-188 397,004 1,074,240
Li-7-189 396,996 1,074,177
Li-7-190 396,723 1,074,107
Li-7-191 396,479 1,074,084
Li-7-192 396,049 1,073,960
Li-7-193 396,026 1,073,913
Li-7-194 395,585 1,073,817
Li-7-195 395,339 1,073,746
Li-7-195A395,290 1,073,652
Li-7-195B395,205 1,073,696
Li-7-196 395,015 1,073,632
Li-7-197 394,516 1,073,514
Li-7-198 394,167 1,073,394
Li-7-199 393,827 1,073,198
Li-7-200 393,720 1,073,104
Li-7-201 393,129 1,073,076
Li-7-202 392,896 1,073,021
Li-7-203 392,787 1,072,999
Li-7-204 392,709 1,072,972
Li-7-205 392,212 1,072,892
Li-7-206 391,492 1,072,659
Li-7-207 391,328 1,072,630
Li-7-208 390,819 1,072,450
Li-7-209 390,258 1,072,167
Li-7-210 390,118 1,072,149
Li-7-211 389,984 1,072,013
Li-7-212 389,313 1,071,566
Li-7-213 389,069 1,071,264
Li-7-214 388,955 1,071,051
Li-7-215 388,946 1,070,768Description of Location of Point Number Li-7-215: A point near the
north end of the headlands on the north side of Yaquina Head located in
section 30 of township 10 south, range 11 west of the Willamette Meridian
in Lincoln County.
Li-7-216 387,772 1,073,534Description of Location of Point Number Li-7-216: A point near the
southeast end of the headlands on the south side of Yaquina Head located
in section 29 of township 10 south, range 11 west of the Willamette
Meridian in Lincoln County.
Li-7-217 387,563 1,073,912
Li-7-218 387,386 1,074,085
Li-7-219 387,128 1,074,260
Li-7-220 386,676 1,074,440
Li-7-221 386,012 1,074,651
Li-7-222 385,108 1,074,857
Li-7-223 384,494 1,074,912
Li-7-223A384,156 1,074,959
Li-7-224 383,966 1,075,015
Li-7-225 383,702 1,075,148
Li-7-226 383,577 1,075,050
Li-7-227 383,213 1,074,990
Li-7-228 382,719 1,074,996
Li-7-229 382,476 1,075,069
Li-7-230 382,105 1,075,222
Li-7-231 382,036 1,075,230
Li-7-232 381,708 1,074,913
Li-7-233 381,443 1,074,806
Li-7-234 380,262 1,074,523
Li-7-235 379,963 1,074,392
Li-7-236 379,795 1,074,402
Li-7-237 379,148 1,074,225
Li-7-238 378,944 1,074,198
Li-7-239 378,034 1,074,043
Li-7-240 377,914 1,073,941
Li-7-241 377,641 1,073,892
Li-7-242 377,310 1,073,746
Li-7-243 377,291 1,073,577
Li-7-243A377,167 1,073,496
Li-7-243B377,031 1,073,571
Li-7-244 376,880 1,073,574
Li-7-245 376,584 1,073,490
Li-7-246 375,537 1,073,472
Li-7-247 375,067 1,073,373
Li-7-248 375,072 1,073,290
Li-7-249 374,935 1,073,281
Li-7-250 374,920 1,073,300
Li-7-251 374,783 1,073,293
Li-7-252 374,324 1,073,158
Li-7-253 374,089 1,073,032
Li-7-254 374,016 1,072,856
Li-7-255 373,826 1,072,845
Li-7-256 373,821 1,072,880
Li-7-257 373,184 1,072,824
Li-7-258 373,116 1,072,886
Li-7-259 372,539 1,072,719
Li-7-260 372,411 1,072,706
Li-7-261 371,864 1,072,554
Li-7-262 371,541 1,072,396
Li-7-263 370,453 1,072,227
Li-7-264 369,991 1,072,262
Li-7-265 369,852 1,072,347
Li-7-266 369,368 1,072,602
Li-7-266A368,949 1,073,035
Li-7-267 367,806 1,072,273
Li-7-268 365,746 1,071,373
Li-7-269 365,649 1,071,378Description of Location of Point Number Li-7-269: A point near the
south jetty at the entrance to Yaquina Bay located in section 18 of
township 11 south, range 11 west of the Willamette Meridian in Lincoln
County.
Li-7-270 360,495 1,071,556Description of Location of Point Number Li-7-270:A point near the
south boundary of the South Newport Park located in section 19 of
township 11 south, range 11 west of the Willamette Meridian in Lincoln
County.
Li-7-271 358,777 1,071,368
Li-7-272 357,591 1,071,246
Li-7-273 357,104 1,071,144
Li-7-274 356,080 1,071,008
Li-7-275 355,648 1,071,008
Li-7-276 354,873 1,070,907
Li-7-277 353,593 1,070,800
Li-7-278 353,505 1,070,756
Li-7-279 353,174 1,070,667
Li-7-280 352,967 1,070,584
Li-7-281 352,466 1,070,600
Li-7-282 351,458 1,070,441
Li-7-283 350,947 1,070,421
Li-7-284 350,775 1,070,438
Li-7-285 350,420 1,070,324
Li-7-286 350,027 1,070,278
Li-7-287 349,666 1,070,202
Li-7-288 348,278 1,070,067
Li-7-289 347,871 1,070,120
Li-7-290 347,063 1,069,889
Li-7-291 346,876 1,069,885
Li-7-292 346,841 1,069,757
Li-7-293 346,124 1,069,672Description of Location of Point Number Li-7-293: A point near the
north boundary of Lost Creek Park located in section 6 of township 12
south, range 11 west of the Willamette Meridian in Lincoln County.
Li-7-294 339,166 1,068,589Description of Location of Point Number Li-7-294: A point near the
south boundary of Lost Creek Park located in section 7 of township 12
south, range 11 west of the Willamette Meridian in Lincoln County.
Li-7-295 337,635 1,068,437
Li-7-295A337,344 1,068,375
Li-7-296 336,132 1,068,226Description of Location of Point Number Li-7-296: A point near the
north boundary of Ona Beach Park located in section 18 of township 12
south, range 11 west of the Willamette Meridian in Lincoln County.
Li-7-297 333,385 1,068,450Description of Location of Point Number Li-7-297: A point near the
south boundary of Ona Beach Park located in section 18 of township 12
south, range 11 west of the Willamette Meridian in Lincoln County.
Li-7-297A333,092 1,068,723
Li-7-297B332,550 1,068,009
Li-7-298 332,261 1,067,861
Li-7-299 331,651 1,067,607
Li-7-300 330,909 1,067,332
Li-7-301 330,212 1,067,169
Li-7-302 329,775 1,067,021
Li-7-303 329,055 1,066,830
Li-7-304 328,374 1,066,629
Li-7-305 327,559 1,066,454
Li-7-306 326,920 1,066,268
Li-7-307 326,218 1,066,154
Li-7-308 325,986 1,066,159
Li-7-309 325,483 1,066,088
Li-7-310 325,302 1,065,997
Li-7-311 324,853 1,065,953
Li-7-312 324,539 1,065,816
Li-7-313 324,277 1,065,641
Li-7-314 323,667 1,065,529Description of Location of Point Number Li-7-314: A point near the
north boundary of Seal Rock Wayside located in section 25 of township 12
south, range 12 west of the Willamette Meridian in Lincoln County.
Li-7-315 322,726 1,065,519Description of Location of Point Number Li-7-315: A point near the
south boundary of Seal Rock Wayside located in section 25 of township 12
south, range 12 west of the Willamette Meridian in Lincoln County.
Li-7-316 322,532 1,065,529
Li-7-317 322,312 1,065,480
Li-7-318 321,532 1,065,461
Li-7-319 321,414 1,065,298
Li-7-320 321,226 1,065,448
Li-7-321 320,971 1,065,448
Li-7-321A320,492 1,065,294
Li-7-322 320,154 1,065,308
Li-7-323 319,976 1,065,381
Li-7-324 319,830 1,065,333
Li-7-325 319,653 1,065,141Description of Location of Point Number Li-7-325: A point near the
north end of the headlands north of Squaw Creek located in section 36 of
township 12 south, range 12 west of the Willamette Meridian in Lincoln
County.
Li-7-326 319,285 1,065,020Description of Location of Point Number Li-7-326: A point near the
south end of the headlands, north of Squaw Creek located in section 36 of
township 12 south, range 12 west of the Willamette Meridian in Lincoln
County.
Li-7-327 319,254 1,065,127
Li-7-328 319,017 1,065,300
Li-7-329 318,684 1,065,368
Li-7-330 318,039 1,065,567
Li-7-331 317,962 1,065,616
Li-7-332 317,553 1,065,733
Li-7-333 316,986 1,065,786
Li-7-334 316,190 1,065,631
Li-7-335 315,455 1,065,643
Li-7-336 313,346 1,065,757
Li-7-337 312,115 1,065,744
Li-7-338 310,799 1,065,676
Li-7-339 310,624 1,065,655
Li-7-340 307,274 1,065,368
Li-7-341 306,081 1,065,272
Li-7-342 303,876 1,065,014
Li-7-342A302,717 1,064,861
Li-7-343 302,009 1,064,789
Li-7-344 300,597 1,064,626
Li-7-344A299,559 1,064,546
Li-7-345 298,873 1,064,546
Li-7-346 298,361 1,064,661
Li-7-347 297,708 1,064,983
Li-7-348 297,499 1,065,264
Li-7-349 297,441 1,065,520
Li-7-350 297,481 1,065,745
Li-7-351 295,474 1,065,819
Li-7-352 295,365 1,065,659
Li-7-353 295,135 1,065,187
Li-7-354 294,851 1,064,836
Li-7-355 294,333 1,064,433
Li-7-356 293,843 1,064,235
Li-7-357 293,610 1,064,140Description of Location of Point Number Li-7-357: A point near the
north boundary of Governor Patterson Memorial Park located in section 25
of township 13 south, range 12 west of the Willamette Meridian in Lincoln
County.
Li-7-358 289,703 1,063,527Description of Location of Point Number Li-7-358: A point near the
south boundary of Governor Patterson Memorial Park located in section 25
of township 13 south, range 12 west of the Willamette Meridian in Lincoln
County.
Li-7-359 289,041 1,063,368
Li-7-360 288,797 1,063,355
Li-7-361 288,639 1,063,301
Li-7-362 288,337 1,063,295
Li-7-363 288,294 1,063,262
Li-7-364 287,261 1,063,041
Li-7-365 286,718 1,062,961
Li-7-366 286,312 1,062,836
Li-7-367 286,113 1,062,831
Li-7-368 286,084 1,062,893
Li-7-369 285,824 1,062,895
Li-7-370 285,212 1,062,781
Li-7-371 285,027 1,062,709
Li-7-372 284,609 1,062,608
Li-7-373 284,253 1,062,595
Li-7-374 283,650 1,062,426
Li-7-375 283,530 1,062,418
Li-7-376 283,344 1,062,332
Li-7-377 283,033 1,062,340Description of Location of Point Number Li-7-377: A point near the
north boundary of Beachside State Park located in section 2 of township
14 south, range 12 west of the Willamette Meridian in Lincoln County.
Li-7-378 280,579 1,062,025Description of Location of Point Number Li-7-378: A point near the
south boundary of Beachside State Park located in section 2 of township
14 south, range 12 west of the Willamette Meridian in Lincoln County.
Li-7-379 280,316 1,061,896
Li-7-380 280,153 1,061,959
Li-7-381 279,897 1,062,221
Li-7-382 279,810 1,062,238
Li-7-383 279,471 1,062,184
Li-7-384 279,189 1,062,025
Li-7-385 279,000 1,061,989
Li-7-386 278,590 1,061,901
Li-7-387 278,530 1,061,890
Li-7-388 278,422 1,061,867
Li-7-389 278,397 1,061,861
Li-7-390 277,667 1,061,718
Li-7-391 277,519 1,061,667
Li-7-392 277,394 1,061,450
Li-7-393 277,109 1,061,300
Li-7-394 276,930 1,061,241
Li-7-395 276,633 1,061,214
Li-7-396 276,485 1,061,088
Li-7-396A275,876 1,061,042
Li-7-397 275,149 1,060,896
Li-7-398 274,953 1,060,869
Li-7-399 274,824 1,060,797
Li-7-400 274,004 1,060,607
Li-7-401 273,342 1,060,521
Li-7-402 273,123 1,060,462
Li-7-403 272,973 1,060,462
Li-7-403A272,878 1,060,433
Li-7-403B272,896 1,060,393
Li-7-403C272,820 1,060,374
Li-7-403D272,830 1,060,421
Li-7-404 272,651 1,060,364
Li-7-405 272,426 1,060,299
Li-7-406 272,203 1,060,283
Li-7-407 272,128 1,060,234
Li-7-408 271,948 1,060,204
Li-7-409 271,876 1,060,227
Li-7-410 271,776 1,060,205
Li-7-411 271,517 1,060,175
Li-7-412 271,384 1,060,219
Li-7-413 271,248 1,060,129
Li-7-414 271,079 1,060,107
Li-7-415 270,975 1,060,035
Li-7-416 270,235 1,059,912
Li-7-417 270,078 1,059,800
Li-7-418 269,654 1,059,845
Li-7-418A269,628 1,059,780
Li-7-418B269,456 1,059,849
Li-7-419 269,109 1,059,861
Li-7-420 268,340 1,059,611
Li-7-421 268,199 1,059,621
Li-7-422 267,680 1,059,493
Li-7-423 266,984 1,059,424
Li-7-424 266,886 1,059,446
Li-7-424A266,752 1,059,348
Li-7-425 266,663 1,059,404
Li-7-426 266,507 1,059,260
Li-7-427 266,377 1,059,159
Li-7-428 266,168 1,059,124
Li-7-429 265,966 1,059,257
Li-7-430 265,666 1,059,094
Li-7-430A265,602 1,058,965
Li-7-431 265,475 1,058,904
Li-7-432 264,325 1,058,737
Li-7-433 263,983 1,058,615
Li-7-434 263,577 1,058,506
Li-7-435 263,465 1,058,519
Li-7-436 263,387 1,058,531
Li-7-437 263,394 1,058,454
Li-7-438 262,996 1,058,341
Li-7-439 262,881 1,058,246Description of Location of Point Number Li-7-439: A point near the
north end of the headlands north of Yachats Park and near the section
line located between sections 22 and 23 of township 14 south, range 12
west of the Willamette Meridian in Lincoln County.
Oregon Coordinate System,
Point south zone
Number y-coordinate x-coordinateLa-7-1 960,236 1,053,478Description of Location of Point Number La-7-1: A point near the
south end of the headlands on the south side of Gwynn Knoll located in
section 22 of township 15 south, range 12 west of the Willamette Meridian
in Lane County.
La-7-2 960,110 1,053,668
La-7-3 960,163 1,053,738
La-7-4 960,041 1,053,854
La-7-5 959,932 1,053,768
La-7-6 959,694 1,053,879
La-7-7 959,392 1,053,887
La-7-8 959,274 1,053,935
La-7-9 959,124 1,053,946Description of Location of Point Number La-7-9: A point near the
north boundary of property owned through the State Parks and Recreation
Department located in section 22 of township 15 south, range 12 west of
the Willamette Meridian in Lane County.
La-7-10 956,771 1,054,162Description of Location of Point Number La-7-10: A point near the
south boundary of property owned through the State Parks and Recreation
Department located in section 27 of township 15 south, range 12 west of
the Willamette Meridian in Lane County.
La-7-11 955,775 1,054,039
La-7-12 955,642 1,053,985
La-7-13 955,236 1,053,955
La-7-14 954,367 1,053,807
La-7-15 954,094 1,053,672
La-7-16 953,534 1,053,686
La-7-17 953,374 1,053,714
La-7-18 953,268 1,053,882
La-7-19 953,186 1,053,909Description of Location of Point Number La-7-19: A point near the
north boundary of the Rockwood Beach State Wayside located in section 27
of township 15 south, range 12 west of the Willamette Meridian in Lane
County.
La-7-20 952,030 1,053,601Description of Location of Point Number La-7-20: A point near the
south boundary of Rockwood Beach State Wayside near the section line
located between section 27 and section 34 of township 15 south, range 12
west of the Willamette Meridian in Lane County.
La-7-21 951,780 1,053,530
La-7-22 951,633 1,053,395
La-7-23 951,613 1,053,308
La-7-24 951,555 1,053,229
La-7-25 951,461 1,053,170
La-7-26 951,160 1,053,170
La-7-27 950,892 1,053,104
La-7-28 950,751 1,053,055
La-7-29 950,531 1,052,931
La-7-30 950,352 1,052,890
La-7-31 949,988 1,052,937
La-7-32 949,786 1,052,942
La-7-33 949,469 1,052,898
La-7-34 949,213 1,052,750
La-7-35 949,177 1,052,806
La-7-36 949,010 1,052,702
La-7-37 949,004 1,052,837
La-7-38 948,807 1,052,897
La-7-38A 948,218 1,052,893
La-7-38B 948,227 1,052,797
La-7-38C 948,170 1,052,794
La-7-38D 948,159 1,052,893
La-7-39 948,074 1,052,893
La-7-39A 947,907 1,052,830
La-7-40 947,752 1,052,816
La-7-41 947,671 1,052,860
La-7-42 947,129 1,052,773
La-7-43 946,916 1,052,690
La-7-44 946,756 1,052,589Description of Location of Point Number La-7-44: A point near the
north boundary of property owned through the State Parks and Recreation
Department located in section 3 of township 16 south, range 12 west of
the Willamette Meridian in Lane County.
La-7-45 943,990 1,052,518Description of Location of Point Number La-7-45: A point near the
south boundary of property owned through the State Parks and Recreation
Department located in section 3 of township 16 south, range 12 west of
the Willamette Meridian in Lane County.
La-7-46 943,939 1,052,486
La-7-47 943,813 1,052,591
La-7-48 943,783 1,052,519
La-7-49 943,676 1,052,511
La-7-50 943,595 1,052,712
La-7-51 943,120 1,052,702
La-7-52 942,217 1,052,612
La-7-53 942,188 1,052,505
La-7-54 942,111 1,052,558
La-7-55 941,981 1,052,486
La-7-56 941,899 1,052,578
La-7-57 941,798 1,052,469
La-7-58 941,715 1,052,447
La-7-59 941,651 1,052,520
La-7-60 941,460 1,052,477
La-7-61 940,890 1,052,398
La-7-62 940,849 1,052,347
La-7-63 940,664 1,052,338
La-7-63A 940,377 1,052,331
La-7-63B 940,382 1,052,276
La-7-63C 940,284 1,052,268
La-7-63D 940,276 1,052,323
La-7-64 940,181 1,052,312
La-7-65 939,875 1,052,279
La-7-66 939,480 1,052,244
La-7-67 939,027 1,052,218
La-7-68 938,916 1,052,176
La-7-69 938,856 1,052,086
La-7-70 938,884 1,052,005
La-7-71 938,716 1,051,863
La-7-72 938,638 1,051,843Description of Location of Point Number La-7-72: A point near the
north boundary of property owned through the State Parks and Recreation
Department located in section 10 of township 16 south, range 12 west of
the Willamette Meridian in Lane County.
La-7-73 937,638 1,051,964Description of Location of Point Number La-7-73: A point near the
south boundary of property owned through the State Parks and Recreation
Department located in section 15 of township 16 south, range 12 west of
the Willamette Meridian in Lane County.
La-7-74 937,203 1,051,900
La-7-75 937,051 1,051,863
La-7-76 936,879 1,051,895
La-7-77 935,785 1,051,799
La-7-78 935,426 1,051,813
La-7-79 935,075 1,052,056
La-7-80 934,880 1,052,081
La-7-81 934,647 1,052,020
La-7-82 934,455 1,051,950
La-7-83 934,615 1,051,784
La-7-84 934,604 1,051,729
La-7-85 934,316 1,051,650
La-7-86 933,430 1,051,561
La-7-87 933,065 1,051,551Description of Location of Point Number La-7-87: A point near the
north boundary of Muriel O. Ponsler Memorial Wayside near the section
line located between section 15 and section 22 of township 16 south,
range 12 west of the Willamette Meridian in Lane County.La-7-88 909,858 1,048,853Description of Location of Point Number La-7-88: A point near the
south end of the headlands south of Sea Lion Point located in section 10
of township 17 south, range 12 west of the Willamette Meridian in Lane
County.
La-7-89 909,719 1,048,996
La-7-90 909,664 1,048,883
La-7-91 909,526 1,048,892
La-7-91A 909,413 1,048,940
La-7-91B 909,303 1,048,919
La-7-91C 909,322 1,048,991
La-7-92 909,257 1,049,026
La-7-93 909,074 1,049,036
La-7-94 907,411 1,048,835
La-7-95 907,100 1,048,756
La-7-96 906,424 1,048,703
La-7-97 905,548 1,048,854
La-7-97A 905,279 1,048,958
La-7-98 905,035 1,048,753
La-7-99 904,794 1,048,582
La-7-100 904,606 1,048,539
La-7-101 903,666 1,048,343
La-7-102 902,600 1,048,245
La-7-103 900,865 1,047,986
La-7-104 900,172 1,048,219
La-7-105 900,135 1,048,025
La-7-106 898,793 1,047,704
La-7-107 896,883 1,047,391
La-7-108 895,796 1,047,214
La-7-109 895,503 1,047,145
La-7-110 894,613 1,046,918
La-7-111 893,579 1,046,676
La-7-112 892,821 1,046,624
La-7-113 892,155 1,046,581
La-7-114 891,073 1,046,419
La-7-115 890,910 1,046,252
La-7-116 890,458 1,046,195
La-7-117 890,028 1,046,095
La-7-118 888,538 1,045,834
La-7-119 888,055 1,045,774
La-7-120 887,644 1,045,690
La-7-121 887,261 1,045,648
La-7-122 886,717 1,045,523
La-7-123 886,285 1,045,460
La-7-124 885,473 1,045,302
La-7-125 885,268 1,045,288
La-7-126 884,851 1,045,219
La-7-127 884,298 1,045,109
La-7-128 883,971 1,045,099
La-7-129 883,618 1,044,947
La-7-130 882,889 1,044,796
La-7-131 881,414 1,044,485
La-7-132 880,567 1,044,279
La-7-133 880,258 1,044,200
La-7-134 879,601 1,044,022
La-7-135 879,061 1,043,864
La-7-136 877,970 1,043,710Description of Location of Point Number La-7-136: A point near the
north jetty of the mouth of the Siuslaw River.
La-7-137 876,020 1,044,784
La-7-138 875,946 1,044,582
La-7-139 875,798 1,044,454
La-7-140 875,347 1,044,280
La-7-141 874,460 1,044,140
La-7-142 873,380 1,044,014
La-7-143 871,882 1,043,709
La-7-144 870,976 1,043,613
La-7-145 869,960 1,043,487
La-7-146 868,997 1,043,351
La-7-146A868,331 1,043,221
La-7-147 867,514 1,043,108
La-7-148 866,180 1,042,880
La-7-149 865,019 1,042,725
La-7-150 864,002 1,042,561
La-7-151 862,115 1,042,273
La-7-152 861,496 1,042,182
La-7-153 860,271 1,042,026
La-7-154 858,490 1,041,748
La-7-155 857,800 1,041,633
La-7-156 856,103 1,041,383
La-7-157 855,358 1,041,303
La-7-158 854,148 1,041,117
La-7-159 851,830 1,040,768
La-7-160 851,635 1,040,748
La-7-161 851,199 1,040,880
La-7-162 851,021 1,040,865
La-7-163 850,800 1,040,648
La-7-164 850,355 1,040,527
La-7-164A849,124 1,040,339
La-7-165 848,907 1,040,274
La-7-166 848,749 1,040,273
La-7-167 846,808 1,039,954
La-7-168 846,243 1,039,937
La-7-169 845,809 1,040,006
La-7-170 845,602 1,039,776
La-7-171 844,723 1,039,621
La-7-172 843,639 1,039,444
La-7-173 842,820 1,039,311
La-7-174 842,031 1,039,177
La-7-175 841,270 1,039,078
La-7-176 840,452 1,038,871
La-7-176A840,031 1,038,859
La-7-177 839,240 1,038,737
La-7-178 838,171 1,038,563
La-7-179 837,525 1,038,441
La-7-179A836,715 1,038,307
La-7-180 835,043 1,038,003
La-7-181 834,753 1,037,958
La-7-182 833,479 1,037,720
La-7-183 832,528 1,037,580
La-7-184 831,085 1,037,370
La-7-185 829,836 1,037,172
La-7-186 828,519 1,037,020
La-8-187 828,149 1,037,039
La-8-188 828,028 1,037,333
La-8-189 827,347 1,038,019
La-8-190 827,070 1,037,974
La-8-191 826,655 1,037,788
La-8-191A825,980 1,037,568
La-8-192 825,744 1,036,688
La-8-193 824,767 1,036,500
La-8-194 823,832 1,036,281
La-8-195 823,335 1,036,182
La-8-196 822,001 1,035,914
Do-8-1 821,695 1,035,859Description of Location of Point Number Do-8-1: A point near the
Lane-Douglas County line located in section 5 of township 20 south, range
12 west of the Willamette Meridian in Lane and Douglas Counties.
Do-8-2 820,707 1,035,660
Do-8-3 818,732 1,035,340
Do-8-4 817,872 1,035,166
Do-8-5 817,052 1,035,024
Do-8-6 816,253 1,034,884
Do-8-7 815,512 1,034,746
Do-8-8 814,959 1,034,666
Do-8-9 813,504 1,034,423
Do-8-10 812,595 1,034,229
Do-8-11 811,225 1,033,996
Do-8-12 810,555 1,033,850
Do-8-13 810,122 1,033,783
Do-8-14 808,867 1,033,554
Do-8-15 807,868 1,033,385
Do-8-16 807,337 1,033,283
Do-8-17 806,927 1,033,221
Do-8-18 806,152 1,033,077
Do-8-19 805,778 1,032,988
Do-8-20 804,851 1,032,861
Do-8-21 804,260 1,032,873
Do-8-22 803,681 1,032,658
Do-8-23 803,506 1,032,786
Do-8-23A 802,770 1,033,337
Do-8-23B 802,137 1,033,220
Do-8-23C 801,728 1,032,555
Do-8-24 801,155 1,032,391
Do-8-25 801,044 1,032,207
Do-8-26 800,846 1,032,132
Do-8-27 799,332 1,031,776
Do-8-28 798,240 1,031,548
Do-8-29 796,771 1,031,277
Do-8-30 795,799 1,031,068
Do-8-31 793,989 1,030,720
Do-8-32 793,169 1,030,524
Do-8-33 792,296 1,030,361
Do-8-34 791,423 1,030,178
Do-8-35 790,919 1,030,056
Do-8-36 789,882 1,029,848
Do-8-37 788,423 1,029,555
Do-8-38 787,010 1,029,259
Do-8-39 784,545 1,028,739
Do-8-40 784,212 1,028,670
Do-8-41 782,268 1,028,202
Do-8-42 781,537 1,028,084
Do-8-43 780,887 1,027,942
Do-8-44 780,531 1,028,022
Do-8-45 779,988 1,028,136
Do-8-46 778,886 1,027,543
Do-8-47 777,876 1,027,263
Do-8-48 777,208 1,027,140
Do-8-49 774,943 1,026,545
Do-8-50 774,246 1,026,386
Do-8-51 773,335 1,026,124
Do-8-52 772,554 1,025,924
Do-8-52A 772,330 1,025,872
Do-8-53 771,860 1,025,808
Do-8-54 771,055 1,025,594
Do-8-55 770,024 1,025,340
Do-8-56 768,746 1,025,005
Do-8-57 766,998 1,024,590
Do-8-58 766,108 1,024,358
Do-8-59 765,636 1,024,230
Do-8-60 763,627 1,023,692
Do-8-61 762,742 1,023,429
Do-8-62 761,684 1,023,139
Do-8-63 758,957 1,022,333
Do-8-64 758,469 1,022,210
Do-8-65 758,121 1,022,053
Do-8-66 757,279 1,021,800
Do-8-67 757,020 1,021,839
Do-8-68 756,836 1,021,696
Do-8-69 755,763 1,021,249
Do-8-70 755,026 1,021,008
Do-8-71 754,298 1,020,903
Do-8-72 753,767 1,020,697
Do-8-73 753,439 1,020,545
Do-8-74 752,951 1,020,747
Do-8-75 751,017 1,020,655
Do-8-75A 750,243 1,021,078
Do-8-76 749,488 1,020,210
Do-8-77 748,443 1,019,383
Do-8-78 747,158 1,019,192Description of Location of Point Number Do-8-78: A point near the
north boundary of Umpqua Lighthouse State Park located in section 14 of
township 22 south, range 13 west of the Willamette Meridian in Douglas
County.
Do-8-79 730,871 1,016,121Description of Location of Point Number Do-8-79: A point near the
Douglas-Coos County line located near the south line of section 35 of
township 22 south, range 13 west of the Willamette Meridian in Douglas
County and near the north line of section 2 of township 23 south, range
13 west of the Willamette Meridian in Coos County.
Co-8-1 729,664 1,015,856
Co-8-2 728,936 1,015,655
Co-8-3 728,728 1,015,623
Co-8-4 727,826 1,015,377
Co-8-5 727,278 1,015,258
Co-8-6 724,915 1,014,674
Co-8-7 724,626 1,014,580
Co-8-8 723,853 1,014,368
Co-8-9 722,394 1,014,019
Co-8-10 721,343 1,013,724
Co-8-11 721,060 1,013,669
Co-8-12 719,776 1,013,295
Co-8-13 717,976 1,012,819
Co-8-14 715,485 1,012,136
Co-8-15 714,775 1,011,970
Co-8-16 713,885 1,011,759
Co-8-17 712,681 1,012,474
Co-8-17A 711,651 1,012,064
Co-8-18 711,490 1,011,380
Co-8-19 711,287 1,011,067
Co-8-20 710,228 1,010,672
Co-8-21 708,950 1,010,242
Co-8-22 707,341 1,009,727
Co-8-23 705,667 1,009,233
Co-8-24 703,750 1,008,601
Co-8-25 702,084 1,008,068
Co-8-26 699,008 1,007,083
Co-8-27 697,448 1,006,514
Co-8-28 696,206 1,006,090
Co-8-29 694,708 1,005,610
Co-8-30 693,103 1,005,043
Co-8-31 692,077 1,004,650
Co-8-32 689,886 1,003,889
Co-8-33 688,877 1,003,573
Co-8-34 687,552 1,003,019
Co-8-35 686,230 1,002,532
Co-8-36 685,486 1,002,304
Co-8-37 683,518 1,001,517
Co-8-38 680,557 1,000,380
Co-8-39 679,698 1,000,075
Co-8-40 677,930 999,320
Co-8-41 674,944 998,128
Co-8-42 673,411 997,493
Co-8-43 672,373 997,031
Co-8-44 671,467 996,694
Co-8-45 669,759 995,885
Co-8-46 668,425 995,336
Co-8-47 667,825 995,122
Co-8-48 667,544 994,955
Co-8-49 666,205 994,292
Co-8-50 665,970 994,225
Co-8-51 663,013 992,854
Co-8-52 660,734 991,795
Co-8-53 660,069 991,533
Co-8-54 659,389 991,150
Co-8-55 657,728 990,366
Co-8-56 655,235 989,141
Co-8-57 654,440 988,702
Co-8-58 653,488 988,250
Co-8-59 652,480 987,700
Co-8-60 651,099 986,981
Co-8-61 649,414 986,081
Co-8-62 646,358 984,352
Co-8-63 645,749 984,047
Co-8-64 644,099 983,026
Co-8-65 642,023 981,695
Co-8-66 640,681 980,828
Co-8-67 640,057 980,293
Co-8-68 639,692 980,219
Co-8-69 639,520 980,356
Co-7-70 636,896 979,344
Co-7-70A 636,614 978,908
Co-7-71 636,922 978,633
Co-7-72 636,010 977,777
Co-7-73 635,625 977,638
Co-7-74 635,393 977,275
Co-7-75 635,195 977,077
Co-7-76 634,936 976,733
Co-7-77 634,587 976,559
Co-7-77A 633,981 976,264
Co-7-77B 633,953 975,963
Co-7-77C 634,143 975,869
Co-7-78 634,233 975,610
Co-7-79 634,204 975,372
Co-7-79A 633,977 974,584
Co-7-79B 634,194 974,479
Co-7-80 633,898 974,424
Co-7-81 633,817 974,344
Co-7-82 633,937 974,077Description of Location of Point Number Co-7-82: A point near the
southeast end of the headlands on the east side of Yoakam Point located
in section 4 of township 26 south, range 14 west of the Willamette
Meridian in Coos County.
Co-7-83 634,269 973,615Description of Location of Point Number Co-7-83: A point near the
southwest end of the headlands, on the west side of Yoakam Point located
in section 4 of township 26 south, range 14 west of the Willamette
Meridian in Coos County.
Co-7-83A 634,082 973,601
Co-7-83B 634,289 973,472
Co-7-84 634,156 973,500
Co-7-84A 634,031 973,422
Co-7-84B 634,050 973,330
Co-7-85 633,855 973,285
Co-7-86 633,965 973,139
Co-7-87 633,851 973,103
Co-7-88 633,629 972,839
Co-7-89 633,570 972,661
Co-7-90 633,630 972,588
Co-7-91 633,486 972,500
Co-7-92 633,544 972,414
Co-7-93 633,427 972,406
Co-7-94 633,376 972,209
Co-7-95 633,447 972,128
Co-7-96 633,292 972,073
Co-7-97 633,295 971,922
Co-7-97A 633,239 971,731
Co-7-98 633,169 971,619
Co-7-98A 633,192 971,580
Co-7-99 633,177 971,464
Co-7-100 633,123 971,298
Co-7-101 633,133 971,239
Co-7-102 633,087 971,152
Co-7-102A633,117 971,076
Co-7-103 633,119 970,748
Co-7-103A633,157 970,678
Co-7-104 633,149 970,563
Co-7-105 633,202 970,551
Co-7-106 633,180 970,465
Co-7-107 633,184 970,383
Co-7-108 633,262 970,330
Co-7-109 633,209 970,234
Co-7-110 633,279 970,284
Co-7-111 633,340 970,280Description of Location of Point Number Co-7-111: A point near the
southeast end of the headlands on the east side of Gregory Point located
in section 4 of township 26 south, range 14 west of the Willamette
Meridian in Coos County.
Co-7-112 608,676 966,967Description of Location of Point Number Co-7-112: A point near the
headlands at the north end of Sacchi Beach located in section 32 of
township 26 south, range 14 west of the Willamette Meridian in Coos
County.
Co-7-113 608,553 967,076
Co-7-114 608,289 967,090
Co-7-115 608,179 967,050
Co-7-116 607,903 967,103
Co-7-117 607,628 966,995
Co-7-118 607,410 966,934
Co-7-119 606,877 966,722
Co-7-120 606,760 966,652
Co-7-121 606,645 966,613
Co-7-122 606,027 966,290
Co-7-123 605,748 966,226
Co-7-124 605,182 966,033
Co-7-125 604,655 965,906
Co-7-126 604,515 965,555
Co-7-127 603,978 965,298
Co-7-128 603,724 965,369
Co-7-129 603,649 965,469
Co-7-130 603,508 965,465
Co-7-131 603,389 965,537
Co-7-132 603,221 965,503
Co-7-133 602,888 965,575
Co-7-134 602,650 965,425
Co-7-135 602,087 965,206
Co-7-136 601,893 965,185
Co-7-137 601,186 964,997
Co-7-138 601,067 964,893
Co-7-139 601,021 964,797
Co-7-140 600,922 964,740
Co-7-141 600,470 964,612
Co-7-142 600,455 964,661
Co-7-142A600,071 964,652
Co-7-142B599,897 964,617
Co-7-143 599,738 964,644
Co-7-144 598,717 964,387
Co-7-145 597,922 964,202
Co-7-146 596,609 963,901Description of Location of Point Number Co-7-146: A point near the
north boundary of Seven Devils Ocean Wayside located in section 17 of
township 27 south, range 14 west of the Willamette Meridian in Coos
County.
Co-7-147 595,213 963,487Description of Location of Point Number Co-7-147: A point near the
south boundary of Seven Devils Ocean Wayside located in section 17 of
township 27 south, range 14 west of the Willamette Meridian in Coos
County.
Co-7-148 594,314 963,289
Co-7-149 594,046 963,201
Co-7-150 593,895 963,182
Co-7-151 593,779 963,097
Co-7-152 593,565 963,103
Co-7-153 593,028 962,935
Co-7-154 592,633 962,887
Co-7-155 591,719 962,643
Co-7-156 590,974 962,354
Co-7-157 590,518 962,076
Co-7-158 590,387 961,812
Co-7-159 590,082 962,020
Co-7-160 589,739 962,163
Co-7-161 589,390 962,214
Co-7-162 589,181 962,122
Co-7-163 589,030 962,216
Co-7-164 588,994 962,326
Co-7-165 588,874 962,430
Co-7-166 588,522 962,518
Co-7-167 587,762 962,569
Co-7-168 587,311 962,505
Co-7-169 586,932 962,514
Co-7-170 584,508 962,011
Co-7-171 584,006 961,931
Co-7-172 583,067 961,700
Co-7-173 581,949 961,437
Co-7-174 581,179 961,231
Co-7-175 580,403 961,047
Co-7-176 577,758 960,367
Co-7-177 577,356 960,253
Co-7-178 576,745 960,026Description of Location of Point Number Co-7-178: A point near the
north boundary of Bullards Beach State Park located near the section line
between section 31 of township 27 south, range 14 west of the Willamette
Meridian and section 6 of township 28 south, range 14 west of the
Willamette Meridian in Coos County.
Co-7-179 555,762 952,779Description of Location of Point Number Co-7-179: A point near the
north jetty at the mouth of the Coquille River located in section 25 of
township 28 south, range 15 west of the Willamette Meridian in Coos
County.
Co-7-180 555,175 951,991
Co-7-181 554,780 951,830
Co-7-182 553,788 951,192
Co-7-183 553,471 950,888
Co-7-184 553,041 950,429
Co-7-185 552,360 949,847
Co-7-186 552,218 949,659
Co-7-187 552,103 949,891
Co-7-188 551,837 950,159
Co-7-189 551,431 950,406
Co-7-190 551,116 950,464
Co-7-191 550,861 950,457
Co-7-192 550,604 950,437
Co-7-193 550,337 950,321
Co-7-194 550,057 950,249
Co-7-195 549,837 950,092
Co-7-196 549,618 950,060
Co-7-197 549,516 949,955
Co-7-198 549,384 949,927
Co-7-199 549,282 949,968
Co-7-200 549,124 949,939Description of Location of Point Number Co-7-200: A point near the
north boundary of Bandon Ocean Wayside located near the section line
between section 35 and section 36 of township 28 south, range 15 west of
the Willamette Meridian in Coos County.
Co-7-201 548,632 950,177Description of Location of Point Number Co-7-201: A point near the
south boundary of Bandon Ocean Wayside located in section 36 of township
28 south, range 15 west of the Willamette Meridian in Coos County.
Co-7-202 548,492 950,207
Co-7-203 548,380 950,151
Co-7-204 548,264 950,206
Co-7-205 548,254 950,325
Co-7-206 548,186 950,339
Co-7-207 548,009 950,528
Co-7-208 547,406 950,729
Co-7-209 547,161 950,718
Co-7-210 546,508 950,752
Co-7-211 546,006 950,673
Co-7-212 545,859 950,712
Co-7-213 545,715 950,683
Co-7-214 545,628 950,615
Co-7-215 545,217 950,577
Co-7-216 545,023 950,598
Co-7-216A544,709 950,664
Co-7-217 544,548 950,878
Co-7-218 544,373 950,554
Co-7-219 543,977 950,255
Co-7-220 543,175 949,972
Co-7-221 542,945 949,972
Co-7-222 542,866 949,909
Co-7-223 542,547 949,822
Co-7-224 542,416 949,831
Co-7-225 542,342 949,615
Co-7-226 542,282 949,710
Co-7-227 541,931 949,649
Co-7-228 541,758 949,563
Co-7-229 541,677 949,554Description of Location of Point Number Co-7-229: A point near the
north boundary of Bandon State Park located near the section line between
section 1 and section 2 of township 29 south, range 15 west of the
Willamette Meridian in Coos County.
Co-7-230 520,295 944,832Description of Location of Point Number Co-7-230: A point near the
south boundary of Bandon State Park located in section 26 of township 29
south, range 15 west of the Willamette Meridian in Coos County.
Co-7-231 519,372 944,584
Co-7-232 519,139 944,554
Co-7-233 518,732 944,354
Co-7-234 518,351 944,228
Co-7-235 517,872 944,106
Co-7-236 517,379 944,081
Co-7-237 517,197 944,024
Co-7-238 516,932 943,828
Co-7-239 516,537 943,820
Co-7-240 516,140 943,566
Co-7-241 515,878 943,482
Co-7-242 514,876 943,184
Co-7-243 513,787 943,654
Co-7-244 513,009 943,264
Co-7-245 512,191 942,822
Co-7-246 510,958 942,457
Co-7-247 510,505 942,237
Co-7-248 509,957 942,116
Co-7-249 509,541 942,146
Co-7-250 508,792 941,921
Co-7-251 508,381 941,799
Co-7-252 507,732 941,713
Co-7-253 506,891 941,505
Co-7-253A506,462 941,413
Co-7-253B506,246 941,247
Co-7-254 505,354 940,985
Co-7-255 504,775 940,629
Co-7-256 504,290 940,429
Co-7-257 503,786 940,333
Co-7-257A502,977 940,049
Co-7-257B502,502 939,827
Co-7-257C501,568 939,701
Co-7-258 500,604 939,306
Co-7-258A500,169 939,262
Co-7-258B498,906 938,349
Co-7-258C497,858 937,804
Co-7-259 497,372 937,629
Co-7-259A496,995 937,388
Co-7-259B496,704 937,274
Co-7-260 495,258 936,546
Co-7-260A494,866 936,458
Co-7-261 494,435 936,200Description of Location of Point Number Co-7-261: A point near the
Coos-Curry County line located near the section line between section 21
of township 30 south, range 15 west of the Willamette Meridian in Coos
County and section 28 of township 30 south, range 15 west of the
Willamette Meridian in Curry County.
Cu-7-1 494,269 936,197
Cu-7-1A 492,997 935,582
Cu-7-1B 492,724 935,524
Cu-7-1C 492,161 935,220
Cu-7-1D 491,652 935,056
Cu-7-2 491,102 934,739
Cu-7-3 490,807 934,692
Cu-7-3A 489,619 933,791
Cu-7-4 488,165 933,379
Cu-7-4A 487,538 933,092
Cu-7-5 486,942 932,870
Cu-7-6 486,037 932,272
Cu-7-6A 485,602 932,037
Cu-7-7 485,134 931,874
Cu-7-8 483,852 931,217
Cu-7-9 483,031 930,687
Cu-7-10 482,079 930,304
Cu-7-11 481,624 930,048
Cu-7-12 481,116 929,839
Cu-7-13 480,954 929,721
Cu-7-14 480,886 929,576
Cu-7-15 480,564 929,341
Cu-7-16 480,217 928,860
Cu-7-17 480,122 928,700
Cu-7-18 479,910 928,435
Cu-7-19 479,060 927,987
Cu-7-20 477,708 927,259
Cu-7-21 477,184 926,960
Cu-7-22 476,933 926,833
Cu-7-23 476,453 926,519
Cu-7-24 475,128 925,801
Cu-7-25 474,536 925,461Description of Location of Point Number Cu-7-25: A point near the
north boundary of Floras Lake State Park located near the section line
between section 7 and section 18 of township 31 south, range 15 west of
the Willamette Meridian in Curry County.
Cu-7-26 460,789 918,140Description of Location of Point Number Cu-7-26: A point near the
south boundary of Floras Lake State Park located in section 25 of
township 31 south, range 16 west of the Willamette Meridian in Curry
County.
Cu-7-27 459,979 917,628
Cu-7-27A 459,587 917,079
Cu-7-28 458,933 917,257
Cu-7-28A 458,345 916,603
Cu-7-29 458,318 916,281
Cu-7-30 457,743 916,020
Cu-7-31 457,243 915,713
Cu-7-32 456,847 915,413
Cu-7-33 456,546 915,235
Cu-7-34 455,650 914,957
Cu-7-35 455,367 914,795
Cu-7-36 454,864 914,510
Cu-7-37 454,408 914,160
Cu-7-38 454,311 914,127
Cu-7-39 454,138 913,983
Cu-7-40 453,926 913,695
Cu-7-41 453,771 913,579
Cu-7-42 453,663 913,416
Cu-7-43 453,523 913,219
Cu-7-44 453,473 913,101
Cu-7-45 453,421 912,999
Cu-7-46 453,397 912,848
Cu-7-47 453,307 912,762
Cu-7-48 453,310 912,692
Cu-7-49 453,253 912,591
Cu-7-50 453,180 912,165
Cu-7-51 453,152 911,780
Cu-7-52 453,254 911,495
Cu-7-53 453,326 911,275
Cu-7-54 453,460 911,156Description of Location of Point Number Cu-7-54: A point near the
east end of the headlands on the northeast side of Cape Blanco located in
section 2 of township 32 south, range 16 west of the Willamette Meridian
in Curry County.
Cu-7-55 452,117 910,664Description of Location of Point Number Cu-7-55: A point near the
east end of the headlands on the southeast side of Cape Blanco located in
section 2 of township 32 south, range 16 west of the Willamette Meridian
in Curry County.
Cu-7-56 452,107 910,814
Cu-7-57 452,002 911,078
Cu-7-58 451,734 911,201
Cu-7-59 451,988 911,384
Cu-7-60 452,030 911,494
Cu-7-61 452,015 911,644
Cu-7-62 451,734 912,301
Cu-7-63 451,615 912,450
Cu-7-64 451,576 912,565
Cu-7-65 451,492 912,683
Cu-7-66 451,264 912,951
Cu-7-67 450,946 913,303
Cu-7-68 450,721 913,517
Cu-7-69 450,608 913,599
Cu-7-70 450,540 913,682
Cu-7-71 450,162 913,972
Cu-7-72 449,475 914,516
Cu-7-73 449,417 914,584
Cu-7-74 449,147 914,805
Cu-7-75 448,724 915,150
Cu-7-76 448,634 915,187
Cu-7-77 448,533 915,272
Cu-7-78 448,435 915,325
Cu-7-79 448,362 915,436
Cu-7-80 448,183 915,529
Cu-7-81 448,239 915,612
Cu-7-82 448,020 915,796
Cu-7-83 447,281 916,347
Cu-7-84 447,226 916,415
Cu-7-85 447,003 916,569
Cu-7-86 446,798 916,723
Cu-7-87 446,483 916,915
Cu-7-88 445,956 917,175
Cu-7-89 445,494 917,383
Cu-7-90 444,827 917,614
Cu-7-91 444,440 917,838
Cu-7-92 444,271 917,881
Cu-7-93 444,145 918,032
Cu-7-94 443,659 918,220
Cu-7-95 443,409 918,340
Cu-7-96 443,151 918,543
Cu-7-97 443,003 918,630
Cu-7-98 442,763 918,949
Cu-7-99 442,510 919,118
Cu-7-100 442,270 919,228
Cu-7-101 441,914 919,360
Cu-7-102 441,670 919,431
Cu-7-103 441,460 919,429
Cu-7-104 441,310 919,539
Cu-7-105 440,732 919,662
Cu-7-106 440,669 919,708
Cu-7-107 440,538 919,741
Cu-7-108 440,220 919,912
Cu-7-109 439,753 920,115
Cu-7-110 439,262 920,242
Cu-7-111 438,471 920,351
Cu-7-112 438,351 920,385
Cu-7-113 437,983 920,477
Cu-7-114 437,654 920,618
Cu-7-115 437,160 920,983
Cu-7-115A436,738 920,855
Cu-7-115B436,393 920,841
Cu-7-115C435,898 920,940
Cu-7-116 435,598 920,933
Cu-7-117 434,950 921,233
Cu-7-117A434,721 921,074
Cu-7-118 434,425 921,091
Cu-7-119 432,881 920,925
Cu-7-120 432,240 920,985
Cu-7-121 431,820 921,030
Cu-7-122 431,222 921,095
Cu-7-123 430,698 921,141
Cu-7-124 429,964 921,198
Cu-7-125 429,404 921,250
Cu-7-126 429,064 921,277
Cu-7-127 428,608 921,329
Cu-7-128 427,876 921,437
Cu-7-129 427,588 921,493
Cu-7-130 427,138 921,552
Cu-7-131 426,625 921,618
Cu-7-132 426,249 921,697
Cu-7-133 425,467 921,779
Cu-7-134 425,094 921,840
Cu-7-135 423,993 922,034
Cu-7-136 422,788 922,252
Cu-7-137 421,853 922,429
Cu-7-138 420,941 922,654
Cu-7-139 420,101 922,802
Cu-7-140 419,416 922,851
Cu-7-141 418,960 922,865
Cu-7-142 418,592 922,781
Cu-7-143 418,496 922,860
Cu-7-144 418,385 922,891
Cu-7-145 418,349 922,984
Cu-7-146 418,367 923,067
Cu-7-147 418,201 923,092
Cu-7-148 418,115 923,013
Cu-7-149 418,111 922,682
Cu-7-150 418,049 922,580
Cu-7-151 417,545 922,553
Cu-7-152 417,411 922,632
Cu-7-153 417,264 922,485
Cu-7-154 417,166 922,469
Cu-7-155 417,174 922,401Description of Location of Point Number Cu-7-155: A point near the
north end of the headlands on the north side of The Heads at Port Orford
located in section 6 of township 33 south, range 15 west of the
Willamette Meridian in Curry County.
Cu-7-156 417,164 926,366Description of Location of Point Number Cu-7-156: A point near the
east end of the headlands at Graveyard Point located in section 5 of
township 33 south, range 15 west of the Willamette Meridian in Curry
County.
Cu-7-157 417,377 926,537
Cu-7-158 417,522 926,867
Cu-7-159 417,575 927,163
Cu-7-160 417,534 927,457
Cu-7-161 417,280 927,591
Cu-7-162 417,293 927,687
Cu-7-163 417,496 927,929
Cu-7-164 417,663 928,027
Cu-7-165 417,684 928,143
Cu-7-166 417,693 928,354
Cu-7-167 417,677 928,529Description of Location of Point Number Cu-7-167: A point near the
north boundary of property owned through the State Parks and Recreation
Department located in section 4 of township 33 south, range 15 west of
the Willamette Meridian in Curry County.
Cu-7-167A415,194 932,338Description of Location of Point Number Cu-7-167A: A point near the
south boundary of property owned through the State Parks and Recreation
Department and near Hubbard Creek located in section 9 of township 33
south, range 15 west of the Willamette Meridian in Curry County.
Cu-7-167B414,837 932,459
Cu-7-167C414,465 932,723
Cu-7-167D414,393 932,841
Cu-7-167E414,074 933,166Description of Location of Point Number Cu-7-167E: A point near the
north boundary of property owned through the State Parks and Recreation
Department located near the section line between section 9 and section 10
of township 33 south, range 15 west of the Willamette Meridian in Curry
County.
Cu-7-168 387,665 946,358Description of Location of Point Number Cu-7-168: A point near the
south end of the headlands at Humbug Mountain located in section 1 of
township 34 south, range 15 west of the Willamette Meridian in Curry
County.
Cu-7-169 387,513 946,975
Cu-7-170 387,317 947,324
Cu-7-171 386,789 947,744
Cu-7-172 386,635 947,941
Cu-7-173 386,522 947,888
Cu-7-174 385,894 948,151Description of Location of Point Number Cu-7-174: A point near the
north boundary of property owned through the State Parks and Recreation
Department located in section 6 of township 34 south, range 14 west of
the Willamette Meridian in Curry County.
Cu-7-175 372,047 950,729Description of Location of Point Number Cu-7-175: A point near the
south end of the first headlands south of Lookout Rock located in section
19 of township 34 south, range 14 west of the Willamette Meridian in
Curry County.
Cu-7-176 372,002 950,847
Cu-7-177 371,704 951,058
Cu-7-178 371,593 951,098
Cu-7-179 371,013 951,190
Cu-7-180 371,011 951,243
Cu-7-181 370,627 951,250
Cu-7-182 370,015 951,386
Cu-7-182A369,639 951,391
Cu-7-183 369,389 951,143
Cu-7-184 369,322 951,076
Cu-7-185 368,854 950,922
Cu-7-186 368,488 950,650
Cu-7-187 368,297 950,580
Cu-7-188 367,647 950,767
Cu-7-189 366,689 950,737
Cu-7-190 366,317 950,658
Cu-7-191 366,138 950,541
Cu-7-192 365,769 950,590
Cu-7-193 365,508 950,586
Cu-7-194 365,101 950,335
Cu-7-195 364,751 950,302
Cu-7-196 364,387 950,403Description of Location of Point Number Cu-7-196: A point near the
north boundary of property owned through the State Parks and Recreation
Department located in section 30 of township 34 south, range 14 west of
the Willamette Meridian in Curry County.
Cu-7-197 362,813 950,030Description of Location of Point Number Cu-7-197: A point near the
south boundary of property owned through the State Parks and Recreation
Department located in section 31 of township 34 south, range 14 west of
the Willamette Meridian in Curry County.
Cu-7-198 362,702 949,975
Cu-7-199 362,664 949,867
Cu-7-200 362,399 949,498
Cu-7-201 362,444 949,369Description of Location of Point Number Cu-7-201: A point near the
north end of the headlands at Sisters Rocks located in section 31 of
township 34 south, range 14 west of the Willamette Meridian in Curry
County.
Cu-7-202 361,997 949,593Description of Location of Point Number Cu-7-202: A point near the
east end of the headlands on the south side of Sisters Rocks located in
section 31 of township 34 south, range 14 west of the Willamette Meridian
in Curry County.
Cu-7-203 362,121 949,727
Cu-7-204 362,173 949,869
Cu-7-205 362,160 949,970
Cu-7-206 361,999 950,165
Cu-7-207 361,969 950,430
Cu-7-208 361,510 950,798
Cu-7-209 361,292 950,853
Cu-7-210 361,122 950,953
Cu-7-211 360,606 951,087
Cu-7-212 360,459 951,114
Cu-7-213 360,517 951,183
Cu-7-214 360,450 951,314
Cu-7-215 360,134 951,451
Cu-7-216 360,012 951,442
Cu-7-217 359,587 951,452
Cu-7-218 359,368 951,721
Cu-7-219 359,145 951,794Description of Location of Point Number Cu-7-219: A point near the
north boundary of property owned through the State Parks and Recreation
Department located in section 32 of township 34 south, range 14 west of
the Willamette Meridian in Curry County.
Cu-7-220 357,690 952,165Description of Location of Point Number Cu-7-220: A point near the
south boundary of property owned through the State Parks and Recreation
Department located in section 5 of township 35 south, range 14 west of
the Willamette Meridian in Curry County.
Cu-7-221 357,476 952,176
Cu-7-221A357,111 952,003
Cu-7-221B356,695 951,879
Cu-7-222 356,625 951,808
Cu-7-222A356,493 951,585
Cu-7-222B356,263 951,649
Cu-7-222C356,323 951,775
Cu-7-223 356,455 951,847
Cu-7-224 356,487 952,018
Cu-7-225 356,391 952,207Description of Location of Point Number Cu-7-225: A point near the
north boundary of property owned through the State Parks and Recreation
Department located in section 5 of township 35 south, range 14 west of
the Willamette Meridian in Curry County.
Cu-7-226 354,226 952,943Description of Location of Point Number Cu-7-226: A point near the
south boundary of property owned through the State Parks and Recreation
Department located in section 5 of township 35 south, range 14 west of
the Willamette Meridian in Curry County.
Cu-7-226A353,863 952,893
Cu-7-226B353,626 952,933
Cu-7-227 353,146 952,852
Cu-7-228 353,058 952,718
Cu-7-229 352,840 952,706
Cu-7-230 352,633 952,769
Cu-7-231 351,862 952,627
Cu-7-232 351,477 952,632
Cu-7-232A350,538 952,721
Cu-7-232B349,420 952,752
Cu-7-233 349,083 952,680
Cu-7-234 348,478 952,367
Cu-7-234A348,283 952,216
Cu-7-234B348,268 952,170
Cu-7-234C348,210 952,173
Cu-7-234D348,060 952,066
Cu-7-235 348,028 951,988
Cu-7-235A347,971 951,987
Cu-7-235B347,787 951,883
Cu-7-235C347,785 951,844
Cu-7-235D347,741 951,853
Cu-7-236 347,644 951,774Description of Location of Point Number Cu-7-236: A point near the
north boundary of property owned through the State Parks and Recreation
Department and located near the section line between section 8 and
section 17 of township 35 south, range 14 west of the Willamette Meridian
in Curry County.
Cu-7-237 333,550 946,491Description of Location of Point Number Cu-7-237: A point near the
south boundary of property owned through the State Parks and Recreation
Department located in section 30 of township 35 south, range 14 west of
the Willamette Meridian in Curry County.
Cu-7-237A333,494 946,351
Cu-7-238 333,300 946,191
Cu-7-239 332,866 946,032
Cu-7-240 332,566 945,795
Cu-7-241 332,146 945,613
Cu-7-242 331,983 945,634
Cu-7-243 331,576 945,411
Cu-7-244 331,475 945,311
Cu-7-245 330,699 944,933
Cu-7-246 330,397 944,802
Cu-7-247 330,267 944,738
Cu-7-248 330,042 944,681
Cu-7-249 329,435 944,417
Cu-7-250 329,020 944,195
Cu-7-251 328,553 943,911
Cu-7-252 328,291 943,737
Cu-7-253 328,223 943,648
Cu-7-254 327,927 943,419
Cu-7-255 327,780 943,235
Cu-7-256 327,620 943,178
Cu-7-257 327,429 943,048
Cu-7-258 327,406 942,965Description of Location of Point Number Cu-7-258: A point near the
north end of the first headlands south of Nesika Beach located in section
36 of township 35 south, range 15 west of the Willamette Meridian in
Curry County.
Cu-7-259 327,129 943,003Description of Location of Point Number Cu-7-259: A point near the
south end of the first headlands south of Nesika Beach located in section
36 of township 35 south, range 15 west of the Willamette Meridian in
Curry County.
Cu-7-260 327,142 943,114
Cu-7-261 327,108 943,217
Cu-7-262 326,970 943,331
Cu-7-263 326,722 943,382
Cu-7-264 326,467 943,198
Cu-7-265 326,241 943,072
Cu-7-266 325,990 943,172
Cu-7-267 325,794 943,124
Cu-7-268 325,798 943,026Description of Location of Point Number Cu-7-268: A point near the
north end of the headlands west of Geisel Monument State Park located in
section 1 of township 36 south, range 15 west of the Willamette Meridian
in Curry County.
Cu-7-269 325,323 943,307Description of Location of Point Number Cu-7-269: A point near the
south end of the headlands west of Geisel Monument State Park located in
section 1 of township 36 south, range 15 west of the Willamette Meridian
in Curry County.
Cu-7-270 325,296 943,418
Cu-7-271 325,230 943,486
Cu-7-272 324,897 943,617
Cu-7-273 324,613 943,583
Cu-7-274 323,664 943,235
Cu-7-275 323,431 943,126
Cu-7-276 322,581 942,873
Cu-7-277 322,427 942,803
Cu-7-278 322,251 942,654
Cu-7-279 322,155 942,643
Cu-7-280 321,834 942,541
Cu-7-281 321,401 942,493
Cu-7-282 321,303 942,516
Cu-7-283 321,162 942,457
Cu-7-284 320,966 942,548
Cu-7-285 320,879 942,553
Cu-7-286 320,735 942,469
Cu-7-287 320,662 942,356
Cu-7-288 320,706 942,189Description of Location of Point Number Cu-7-288: A point near the
north end of the headlands on the north side of Hubbard Mound located in
section 12 of township 36 south, range 15 west of the Willamette Meridian
in Curry County.
Cu-7-289 319,993 942,104Description of Location of Point Number Cu-7-289: A point near the
south end of the headlands on the south side of Hubbard Mound located in
section 12 of township 36 south, range 15 west of the Willamette Meridian
in Curry County.
Cu-7-290 319,969 942,269
Cu-7-291 319,871 942,369
Cu-7-292 319,716 942,455
Cu-7-293 319,658 942,530
Cu-7-294 319,339 942,693
Cu-7-295 318,872 942,734
Cu-7-296 318,543 942,722
Cu-7-297 318,142 942,591
Cu-7-298 318,097 942,673
Cu-7-299 317,962 942,733
Cu-7-300 317,655 942,687
Cu-7-301 317,489 942,581
Cu-7-302 317,207 942,446
Cu-7-303 317,083 942,404
Cu-7-304 316,624 942,415
Cu-7-305 316,508 942,342
Cu-7-306 316,249 942,464
Cu-7-307 316,067 942,452
Cu-7-308 315,770 942,318
Cu-7-309 315,502 942,118
Cu-7-310 315,456 942,061Description of Location of Point Number Cu-7-310: A point near the
north end of the headlands on the north side of Otter Point located in
section 13 of township 36 south, range 15 west of the Willamette Meridian
in Curry County.
Cu-7-311 314,647 942,005Description of Location of Point Number Cu-7-311: A point near the
south end of the headlands on the south side of Otter Point located in
section 13 of township 36 south, range 15 west of the Willamette Meridian
in Curry County.
Cu-7-312 314,646 942,186
Cu-7-313 314,446 942,420
Cu-7-314 314,281 942,516Description of Location of Point Number Cu-7-314: A point near the
north boundary of property owned through the State Parks and Recreation
Department located in section 13 of township 36 south, range 15 west of
the Willamette Meridian in Curry County.
Cu-7-315 311,671 941,575Description of Location of Point Number Cu-7-315: A point near the
south boundary of property owned through the State Parks and Recreation
Department located in section 13 of township 36 south, range 15 west of
the Willamette Meridian in Curry County.
Cu-7-316 311,148 941,107
Cu-7-317 310,653 940,806
Cu-7-318 310,462 940,576
Cu-7-319 309,914 940,219
Cu-7-320 309,762 940,223
Cu-7-321 309,704 940,033
Cu-7-322 309,061 939,705
Cu-7-323 308,802 939,615
Cu-7-324 308,759 939,502
Cu-7-325 308,405 939,278
Cu-7-326 307,772 938,993
Cu-7-327 307,297 938,681
Cu-7-328 306,432 938,442
Cu-7-329 305,981 938,395
Cu-7-330 305,681 938,412
Cu-7-331 303,769 938,681
Cu-7-332 303,158 938,841
Cu-7-333 301,995 939,029
Cu-7-334 301,380 939,121
Cu-7-335 300,895 939,188
Cu-7-336 300,624 939,280
Cu-7-337 299,561 940,144
Cu-7-338 299,278 940,253
Cu-7-339 298,493 940,355
Cu-7-340 298,023 940,373
Cu-7-341 297,112 940,531
Cu-7-342 296,463 940,567
Cu-7-343 296,190 940,557
Cu-7-344 295,912 940,563
Cu-7-345 295,542 940,675
Cu-7-346 295,184 940,661
Cu-7-347 294,436 940,637
Cu-7-348 293,721 940,721
Cu-7-349 293,103 940,677
Cu-7-350 292,924 940,726
Cu-7-351 292,754 940,655
Cu-7-352 292,555 940,699
Cu-7-353 292,331 940,649
Cu-7-354 291,538 940,671
Cu-7-355 290,969 940,618
Cu-7-356 290,488 940,639
Cu-7-357 289,821 940,602
Cu-7-358 289,127 940,603
Cu-7-359 288,874 940,656
Cu-7-360 288,782 940,825
Cu-7-361 288,451 940,821
Cu-7-362 288,296 940,866
Cu-7-363 287,858 940,876Description of Location of Point Number Cu-7-363: A point near the
north boundary of property owned through the State Parks and Recreation
Department located in section 12 of township 37 south, range 15 west of
the Willamette Meridian in Curry County.
Cu-7-364 283,800 940,465Description of Location of Point Number Cu-7-364: A point near the
south boundary of Buena Vista Ocean Wayside located in section 13 of
township 37 south, range 15 west of the Willamette Meridian in Curry
County.
Cu-7-365 282,516 940,370
Cu-7-366 282,438 940,462
Cu-7-367 282,176 940,320
Cu-7-368 282,064 940,292
Cu-7-369 281,788 940,445
Cu-7-370 281,665 940,291
Cu-7-371 281,395 940,250
Cu-7-372 281,221 940,363
Cu-7-373 281,096 940,249
Cu-7-374 280,653 940,150
Cu-7-375 280,355 940,255
Cu-7-376 280,226 940,089
Cu-7-377 279,929 940,062
Cu-7-378 279,622 940,290
Cu-7-379 279,513 940,014
Cu-7-380 279,232 939,978
Cu-7-381 278,950 940,192
Cu-7-382 278,891 940,095Description of Location of Point Number Cu-7-382: A point near the
north boundary of Cape Sebastian State Park located in section 24 of
township 37 south, range 15 west of the Willamette Meridian in Curry
County.
Cu-7-383 274,342 939,579Description of Location of Point Number Cu-7-383: A point near the
south boundary of Cape Sebastian State Park located in section 25 of
township 37 south, range 15 west of the Willamette Meridian in Curry
County.
Cu-7-384 273,523 939,403
Cu-7-385 273,238 939,357
Cu-7-386 272,272 939,252
Cu-7-387 271,793 939,200
Cu-7-388 271,676 939,279
Cu-7-389 271,153 939,118
Cu-7-390 270,856 939,215
Cu-7-391 270,695 939,168
Cu-7-392 270,576 939,067
Cu-7-393 270,530 938,848Description of Location of Point Number Cu-7-393: A point near the
north end of the headlands on the north side of Cape Sebastian located in
section 25 of township 37 south, range 15 west of the Willamette Meridian
in Curry County.
Cu-7-394 252,193 943,857Description of Location of Point Number Cu-7-394: A point near the
south boundary of Pistol River State Park located in the north half of
section 18 of township 38 south, range 14 west of the Willamette Meridian
in Curry County.
Cu-7-395 251,337 943,988
Cu-7-396 250,834 943,982
Cu-7-397 250,150 943,917
Cu-7-398 249,456 943,857
Cu-7-399 249,221 943,848
Cu-7-400 248,941 943,837Description of Location of Point Number Cu-7-400: A point near the
north boundary of Pistol River State Park located in the south half of
section 18 of township 38 south, range 14 west of the Willamette Meridian
in Curry County.
Cu-7-401 237,990 941,097Description of Location of Point Number Cu-7-401: A point near the
east end of the headlands on the southeast side of Crook Point located in
section 30 of township 38 south, range 14 west of the Willamette Meridian
in Curry County.
Cu-7-402 238,002 941,155
Cu-7-403 237,911 941,355
Cu-7-404 237,763 941,532
Cu-7-405 237,760 941,572
Cu-7-406 237,668 941,620
Cu-7-407 237,678 941,691
Cu-7-408 237,443 941,869
Cu-7-409 237,132 942,050
Cu-7-410 237,039 942,168
Cu-7-411 236,964 942,398
Cu-7-412 236,877 942,491
Cu-7-413 236,760 942,718
Cu-7-414 236,379 942,999
Cu-7-415 236,173 943,040
Cu-7-416 236,194 943,117
Cu-7-417 236,080 943,272
Cu-7-418 235,875 943,438
Cu-7-419 235,756 943,434
Cu-7-420 235,362 943,676
Cu-7-421 235,067 943,889
Cu-7-422 234,713 944,091
Cu-7-423 234,438 944,109
Cu-7-424 234,202 944,131
Cu-7-425 233,875 944,273
Cu-7-426 233,767 944,603
Cu-7-426A233,796 944,765
Cu-7-427 233,751 944,956
Cu-7-428 233,658 945,132
Cu-7-429 233,426 945,412
Cu-7-430 233,190 945,531
Cu-7-431 232,977 945,586
Cu-7-432 232,849 945,773
Cu-7-433 232,791 945,872
Cu-7-434 232,500 946,110
Cu-7-435 232,162 946,219
Cu-7-436 231,955 946,251
Cu-7-437 231,935 946,363
Cu-7-438 231,796 946,495
Cu-7-439 231,567 946,582
Cu-7-440 231,481 946,552Description of Location of Point Number Cu-7-440: A point near the
north end of the headlands north of Burnt Hill Creek located in section 5
of township 39 south, range 14 west of the Willamette Meridian in Curry
County.
Cu-7-441 230,977 947,008Description of Location of Point Number Cu-7-441: A point near the
south end of the headlands north of Burnt Hill Creek located in section 5
of township 39 south, range 14 west of the Willamette Meridian in Curry
County.
Cu-7-442 231,019 947,130
Cu-7-443 230,972 947,316
Cu-7-444 230,895 947,402
Cu-7-445 230,752 947,520
Cu-7-446 230,697 947,583
Cu-7-447 230,628 947,614
Cu-7-448 230,477 947,633
Cu-7-449 230,135 947,791
Cu-7-450 229,994 947,781
Cu-7-451 229,919 947,725Description of Location of Point Number Cu-7-451: A point near the
north end of the headlands near the north boundary of Samuel H. Boardman
State Park located in section 5 of township 39 south, range 14 west of
the Willamette Meridian in Curry County.Cu-7-452 177,049 960,075Description of Location of Point Number Cu-7-452: A point near the
south end of the headlands near the south boundary of Samuel H. Boardman
State Park located in section 26 of township 40 south, range 14 west of
the Willamette Meridian in Curry County.Cu-7-453 176,938 960,255
Cu-7-454 176,778 960,301
Cu-7-455 176,776 960,437
Cu-7-456 176,688 960,619
Cu-7-457 176,723 960,706
Cu-7-457A176,616 960,798
Cu-7-458 176,725 960,970
Cu-7-459 176,621 961,227Description of Location of Point Number Cu-7-459: A point near the
north boundary of property owned through the State Parks and Recreation
Department located in section 26 of township 40 south, range 14 west of
the Willamette Meridian in Curry County.
Cu-7-460 175,617 962,284Description of Location of Point Number Cu-7-460: A point near the
south boundary of property owned through the State Parks and Recreation
Department located in section 26 of township 40 south, range 14 west of
the Willamette Meridian in Curry County.
Cu-7-461 175,336 962,456
Cu-7-462 175,076 962,452
Cu-7-463 174,992 962,337
Cu-7-464 174,936 962,390
Cu-7-465 174,996 962,494
Cu-7-466 174,970 962,593
Cu-7-467 174,815 962,691
Cu-7-468 174,652 962,717
Cu-7-469 174,604 962,765
Cu-7-470 174,344 962,837
Cu-7-470A174,254 962,835
Cu-7-471 174,119 962,857
Cu-7-472 173,877 963,022
Cu-7-473 173,421 963,236
Cu-7-474 173,343 963,406
Cu-7-475 172,855 963,444
Cu-7-476 172,833 963,492
Cu-7-477 172,571 963,517
Cu-7-478 172,417 963,455
Cu-7-479 172,156 963,399
Cu-7-480 171,905 963,355
Cu-7-481 171,841 963,486
Cu-7-482 171,808 963,616
Cu-7-483 171,692 963,608
Cu-7-484 171,548 963,525
Cu-7-485 171,508 963,583
Cu-7-486 171,466 963,796
Cu-7-487 171,338 963,936
Cu-7-488 171,006 963,958
Cu-7-489 170,889 964,062
Cu-7-490 170,615 964,243
Cu-7-490A170,488 964,371
Cu-7-490B170,355 964,425
Cu-7-490C170,244 964,513
Cu-7-491 170,247 964,622
Cu-7-492 170,159 964,671
Cu-7-493 170,070 964,634Description of Location of Point Number Cu-7-493: A point near the
north boundary of Harris Beach State Park located in section 36 of
township 40 south, range 14 west of the Willamette Meridian in Curry
County.
Cu-7-494 167,853 967,675Description of Location of Point Number Cu-7-494:A point near the
south boundary of Harris Beach State Park located in section 1 of
township 41 south, range 14 west of the Willamette Meridian in Curry
County.
Cu-7-495 167,343 967,740
Cu-7-496 167,165 967,873
Cu-7-497 167,182 968,104
Cu-7-498 167,085 968,102
Cu-7-499 166,970 967,980
Cu-7-500 166,890 968,034
Cu-7-501 166,964 968,161
Cu-7-502 166,670 968,413
Cu-7-503 166,255 968,316
Cu-7-504 166,208 968,417
Cu-7-505 166,058 968,514
Cu-7-506 165,819 968,568
Cu-7-507 165,408 968,579
Cu-7-508 165,297 968,503
Cu-7-509 165,316 968,399
Cu-7-510 165,020 968,444
Cu-7-511 165,071 968,490
Cu-7-512 165,053 968,567
Cu-7-513 164,962 968,643Description of Location of Point Number Cu-7-513: A point at the
north end of the headlands just west of Hub Street in the City of
Brookings located in section 6 of township 41 south, range 13 west of the
Willamette Meridian in Curry County.
Cu-7-514 164,204 968,716Description of Location of Point Number Cu-7-514: A point near the
south end of the headlands just west of Iris Street in the City of
Brookings located in section 6 of township 41 south, range 13 west of the
Willamette Meridian in Curry County.
Cu-7-515 164,065 968,790
Cu-7-516 163,964 968,738Description of Location of Point Number Cu-7-516: A point near the
north end of the headlands west of Collis Lane in the City of Brookings
located in section 6 of township 41 south, range 13 west of the
Willamette Meridian in Curry County.
Cu-7-517 163,616 969,413Description of Location of Point Number Cu-7-517: A point near the
south end of the first headlands north of Chetco Point located in section
6 of township 41 south, range 13 west of the Willamette Meridian in Curry
County.
Cu-7-518 163,660 969,483
Cu-7-519 163,496 969,623
Cu-7-520 163,239 969,733
Cu-7-521 163,141 969,816
Cu-7-522 162,930 969,884
Cu-7-523 162,846 970,003
Cu-7-524 162,822 970,636
Cu-7-525 162,636 971,054
Cu-7-526 162,516 971,217
Cu-7-527 162,288 971,353
Cu-7-528 162,091 971,398
Cu-7-529 161,990 971,371
Cu-7-530 161,846 971,291
Cu-7-531 161,802 971,399
Cu-7-532 161,639 971,433
Cu-7-533 161,413 971,424
Cu-7-534 161,267 971,363
Cu-7-535 161,253 971,316
Cu-7-536 161,058 971,038
Cu-7-537 161,032 970,945
Cu-7-538 161,085 970,906Description of Location of Point Number Cu-7-538: A point near the
east end of the headlands on the north side of Chetco Point located in
section 7 of township 41 south, range 13 west of the Willamette Meridian
in Curry County.
Cu-7-539 160,835 970,993Description of Location of Point Number Cu-7-539: A point near the
southeast end of the headlands on the south side of Chetco Point located
in section 7 of township 41 south, range 13 west of the Willamette
Meridian in Curry County.
Cu-7-540 160,877 970,982
Cu-7-541 160,984 971,113
Cu-7-542 161,056 971,337
Cu-7-543 161,327 971,526
Cu-7-544 161,346 971,624
Cu-7-545 161,442 971,619
Cu-7-546 161,543 971,869
Cu-7-547 161,541 972,098
Cu-7-548 161,476 972,284
Cu-7-549 161,427 972,320
Cu-7-550 161,528 972,418
Cu-7-551 161,698 972,784
Cu-7-552 161,633 973,055
Cu-7-553 161,548 973,154
Cu-7-554 161,282 973,278
Cu-7-555 161,127 973,267
Cu-7-556 161,104 973,227
Cu-7-557 161,116 973,168Description of Location of Point Number Cu-7-557: A point near the
north end of the headlands on the north side of Chetco Cove located in
section 7 of township 41 south, range 13 west of the Willamette Meridian
in Curry County.
Cu-7-558 161,504 974,502Description of Location of Point Number Cu-7-558: A point near the
east end of the headlands on the north side of Chetco Cove located in
section 8 of township 41 south, range 13 west of the Willamette Meridian
in Curry County.
Cu-7-559 161,529 974,635
Cu-7-560 161,544 974,866
Cu-7-561 161,649 975,127
Cu-7-562 161,562 975,508
Cu-7-563 161,508 975,746
Cu-7-564 161,526 975,953
Cu-7-565 161,433 976,127
Cu-7-566 160,379 977,263
Cu-7-567 160,031 977,584
Cu-7-568 159,387 978,208
Cu-7-569 158,715 978,406
Cu-7-570 158,434 978,624
Cu-7-571 158,159 978,719
Cu-7-572 158,032 978,847
Cu-7-573 157,479 978,988
Cu-7-574 157,462 979,134
Cu-7-575 157,198 979,298
Cu-7-576 156,876 979,630
Cu-7-577 156,780 979,674
Cu-7-578 156,637 980,008
Cu-7-579 156,570 979,994
Cu-7-580 156,547 980,077
Cu-7-581 155,833 980,413
Cu-7-582 155,518 980,627
Cu-7-583 155,145 980,715
Cu-7-584 155,047 980,689
Cu-7-585 155,067 980,612
Cu-7-586 154,825 980,572
Cu-7-587 154,813 980,617
Cu-7-588 154,921 980,757
Cu-7-589 154,852 980,881
Cu-7-590 154,945 980,926
Cu-7-591 154,890 981,077
Cu-7-592 154,457 981,657
Cu-7-593 154,205 981,833
Cu-7-594 153,898 982,094
Cu-7-595 154,197 982,374
Cu-7-596 154,187 982,498
Cu-7-597 153,956 982,999
Cu-7-598 153,474 983,252
Cu-7-599 153,305 983,531
Cu-7-600 153,286 983,807
Cu-7-601 153,013 984,447
Cu-7-602 152,765 984,652
Cu-7-603 152,662 984,708
Cu-7-604 152,633 984,751
Cu-7-605 151,850 985,113
Cu-7-606 151,497 985,195
Cu-7-607 151,277 985,196
Cu-7-608 150,861 985,540
Cu-7-609 150,632 985,569
Cu-7-610 150,504 985,688
Cu-7-611 150,030 986,310
Cu-7-612 149,534 986,461
Cu-7-613 149,266 986,445
Cu-7-614 149,132 986,537
Cu-7-615 149,047 986,629
Cu-7-616 149,098 986,767
Cu-7-617 148,936 986,896
Cu-7-618 148,797 986,890
Cu-7-619 149,033 987,119
Cu-7-620 149,030 987,307
Cu-7-621 148,949 987,399
Cu-7-622 147,977 988,656
Cu-7-623 147,740 989,001
Cu-7-624 147,212 989,610
Cu-7-625 146,900 989,883
Cu-7-626 146,614 990,134
Cu-7-626A146,463 990,180
Cu-7-627 146,242 990,362
Cu-7-627A146,106 990,481
Cu-7-628 146,007 990,676
Cu-7-628A146,030 990,783
Cu-7-629 146,181 990,926
Cu-7-629A146,439 991,778
Cu-7-629B145,626 992,092
Cu-7-629C145,317 991,861
Cu-7-630 145,288 991,314
Cu-7-631 145,176 991,095
Cu-7-632 144,723 991,295
Cu-7-633 143,886 991,657
Cu-7-634 143,339 991,832Description of Location of Point Number Cu-7-634: A point near the
Oregon-California boundary and near the line located 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. [1969 c.601 §8]SCENIC WATERWAYS 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 the bank on the side of Waldo Lake, or a river or segment of
river within a scenic waterway, except land that, in the State Parks and
Recreation Department’s judgment, does not affect the view from the
waters within a scenic waterway.
(2) “Scenic easement” means the right to control the use of related
adjacent land, including air space above such land, for the purpose of
protecting the scenic view from waters within a scenic waterway; but such
control does not affect, without the owner’s consent, any regular use
exercised prior to the acquisition of the easement, and the landowner
retains the right to uses of the land not specifically restricted by the
easement.
(3) “Scenic waterway” means Waldo Lake, or a river or segment of
river that has been designated as such in accordance with ORS 390.805 to
390.925 or any subsequent Act, and includes related adjacent land. [1971
c.1 §2; 1981 c.787 §55; 1983 c.334 §1; 1983 c.642 §10; 1989 c.904 §25;
1995 c.79 §203; 2001 c.104 §132] 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 outstanding scenic, fish,
wildlife, geological, botanical, historic, archaeologic, and outdoor
recreation values of present and future benefit to the public. The people
of Oregon also find that the policy of permitting construction of dams
and other impoundment facilities at appropriate sections of the rivers of
Oregon and Waldo Lake needs to be complemented by a policy that would
preserve Waldo Lake and selected rivers or sections thereof in a
free-flowing condition and would protect and preserve the natural setting
and water quality of the lake and such rivers and fulfill other
conservation purposes. It is therefore the policy of Oregon to preserve
for the benefit of the public Waldo Lake and selected parts of the
state’s free-flowing rivers. For these purposes there is established an
Oregon Scenic Waterways System to be composed of areas designated in
accordance with ORS 390.805 to 390.925 and any subsequent Acts. [1971 c.1
§1; 1983 c.334 §2] 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 the Metolius River
from Metolius Springs downstream to its confluence with Candle Creek.
(2) The Klamath Scenic Waterway which includes the Klamath River
from the John Boyle Dam powerhouse downstream to the Oregon-California
border.
(3) The Clackamas Scenic Waterway which includes:
(a) The segments of the Clackamas River from the boundary of the
Olallie Lake Scenic Area, as constituted on December 8, 1988, downstream
to the North Fork Reservoir, and from immediately below the River Mill
Dam downstream to the bridge at Carver;
(b) The South Fork Clackamas River from its confluence with an
unnamed tributary near the western boundary of Section 7, Township 5
South, Range 5 East, Willamette Meridian, downstream to the confluence of
the South Fork Clackamas River with the Clackamas River; and
(c) The North Fork Clackamas River from its source downstream to
the North Fork Reservoir.
(4) The McKenzie Scenic Waterway which includes:
(a) The segments of the McKenzie River from Clear Lake downstream
to Carmen Reservoir, from Tamolitch Falls downstream to Trail Bridge
Reservoir and from Trail Bridge Dam downstream to Paradise Campground; and
(b) The segments of the South Fork McKenzie River from the boundary
of the Three Sisters Wilderness, as constituted on December 8, 1988,
downstream to Cougar Reservoir, and from immediately below Cougar Dam
downstream to its confluence with the McKenzie River.
(5) The Deschutes Scenic Waterway which includes the segments of
the Deschutes River from Little Lava Lake downstream to Crane Prairie
Reservoir, from the gaging station immediately below Wickiup Dam
downstream to General Patch Bridge, from Harper Bridge downstream to the
Central Oregon Irrigation District’s diversion structure (near river mile
171), from Robert Sawyer Park downstream to Tumalo State Park, from
Deschutes Market Road Bridge downstream to Lake Billy Chinook Reservoir
(excluding the Cline Falls hydroelectric facility near river mile 145),
and from immediately below the existing Pelton reregulating dam
downstream to the confluence of the Deschutes River with the Columbia
River, excluding the City of Maupin as its boundaries are constituted on
October 4, 1977.
(6) The Santiam Scenic Waterway which includes the Little North
Fork of the Santiam River from the confluence of Battle Ax Creek and Opal
Creek downstream to the boundary of the Willamette National Forest, as
constituted on September 20, 1985.
(7) The John Day Scenic Waterway which includes:
(a) The John Day River from its confluence with Parrish Creek
downstream to Tumwater Falls;
(b) The North Fork John Day River from the boundary of the North
Fork John Day Wilderness (near river mile 76), as constituted on December
8, 1988, downstream to the northern boundary of the south one-half of
Section 20, Township 8 South, Range 28 East, Willamette Meridian;
(c) The Middle Fork John Day River from its confluence with
Crawford Creek (near river mile 71) downstream to the confluence of the
Middle Fork John Day River with the North Fork John Day River; and
(d) The South Fork John Day River from the Post-Paulina road
crossing (near river mile 35) downstream to the northern boundary of the
Murderer’s Creek Wildlife Area, as constituted on December 8, 1988 (near
river mile 6).
(8) The Illinois Scenic Waterway which includes the Illinois River
from its confluence with Deer Creek downstream to its confluence with the
Rogue River.
(9) The Rogue Scenic Waterway which includes the segments of the
Rogue River from the boundary of Crater Lake National Park, as
constituted on December 8, 1988, downstream to the boundary of the Rogue
River National Forest, as constituted on December 8, 1988 (near river
mile 173), and from the confluence of the Rogue River with the Applegate
River downstream to Lobster Creek Bridge.
(10) The Umpqua Scenic Waterway which includes the segments of the
North Umpqua River from the boundary of the Mt. Thielsen Wilderness, as
constituted on December 8, 1988, downstream to Lemolo Reservoir, and from
the Soda Springs Dam powerhouse downstream to its confluence with Rock
Creek (near Idleyld Park).
(11) The Nestucca Scenic Waterway which includes:
(a) The Nestucca River from immediately below the McGuire Dam
downstream to its confluence with East Creek (near Blaine); and
(b) Walker Creek from its source downstream to its confluence with
the Nestucca River.
(12) The Wallowa-Grande Ronde Scenic Waterway which includes:
(a) The Grande Ronde River from its confluence with the Wallowa
River downstream to the Oregon-Washington border; and
(b) The Wallowa River from its confluence with the Minam River
downstream to the confluence of the Wallowa River with the Grande Ronde
River.
(13) The Minam Scenic Waterway which includes the Minam River from
Minam Lake downstream to its confluence with the Wallowa River.
(14) The Elk Scenic Waterway which includes:
(a) The Elk River from the confluence of the North Fork Elk River
and South Fork Elk River downstream to the Elk River fish hatchery;
(b) The North Fork Elk River from its source downstream to its
confluence with the South Fork Elk River; and
(c) The South Fork Elk River from its source downstream to its
confluence with the North Fork Elk River.
(15) The Owyhee Scenic Waterway which includes:
(a) The South Fork Owyhee River from the Oregon-Idaho border
downstream to Three Forks; and
(b) The Owyhee River from Crooked Creek (near river mile 118)
downstream to the mouth of Birch Creek (near river mile 76).
(16) The North Fork of the Middle Fork Willamette Scenic Waterway
which includes the North Fork of the Middle Fork Willamette River from
Waldo Lake downstream to a point one mile upstream from the railroad
bridge near the town of Westfir.
(17) The Waldo Lake Scenic Waterway which includes Waldo Lake in
Lane County. [1989 c.2 §2 (enacted in lieu of 390.825)] 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 by the Secretary of the Interior for
Indian tribes or individual members of Indian tribes or other lands
acquired by the Army Corps of Engineers and administered by the Secretary
of the Interior for the benefit of Indian tribes and individual members
of Indian tribes. [1989 c.2 §3]Note: 390.827 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.(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 of these
waters shall be maintained in quantities necessary for recreation, fish
and wildlife uses. No dam, or reservoir, or other water impoundment
facility shall be constructed on waters within scenic waterways. No water
diversion facility shall be constructed or used except by right
previously established or as permitted by the Water Resources Commission,
upon a finding that such diversion is necessary to uses designated in ORS
536.310 (12), and in a manner consistent with the policies set forth
under ORS 390.805 to 390.925. The Water Resources Commission shall
administer and enforce the provisions of this subsection.
(2) Filling of the beds or removal of material from or other
alteration of the beds or banks of scenic waterways for purposes other
than recreational prospecting not requiring a permit shall be prohibited,
except as permitted by the Director of the Department of State Lands upon
a finding that such activity would be consistent with the policies set
forth under ORS 390.805 to 390.925 for scenic waterways and in a manner
consistent with the policies set forth under ORS 196.800 to 196.825 and
196.840 to 196.870 for removal of material from the beds and banks and
filling of any waters of this state. The Director of the Department of
State Lands shall administer and enforce the provisions of this
subsection.
(3)(a) Upon a finding of emergency circumstances, the Director of
the Department of State Lands may issue a temporary permit for the
removal, filling or alteration of the beds or banks within a scenic
waterway. The temporary permit shall include conditions developed after
consultation with the State Department of Fish and Wildlife and the State
Parks and Recreation Department.
(b) As used in this subsection, “emergency circumstances” exist if
prompt action is necessary to prevent irreparable harm, injury or damage
to persons or property.
(4) Any person adversely affected or aggrieved by the grant or
denial of a permit under subsection (2) or (3) of this section may appeal
in accordance with the procedure set forth in ORS 196.835.
(5) Nothing in ORS 390.805 to 390.925 affects the authority of the
State Fish and Wildlife Commission to construct facilities or make
improvements to facilitate the passage or propagation of fish or to
exercise other responsibilities in managing fish and wildlife resources.
Nothing in ORS 390.805 to 390.925 affects the authority of the Water
Resources Commission to construct and maintain stream gauge stations and
other facilities related to the commission’s duties in administration of
the water laws.
(6) Upon a finding of necessity under subsection (1) of this
section, the Water Resources Commission may issue a water right for human
consumption not to exceed 0.005 cubic feet per second per household, or
livestock consumption uses not to exceed one-tenth of one cubic foot per
second per 1,000 head of livestock, as designated in ORS 536.310 (12)
within or above a scenic waterway if the Water Resources Commission makes
the following findings:
(a) That issuing the water right does not significantly impair the
free-flowing character of these waters in quantities necessary for
recreation, fish and wildlife.
(b) That issuing the water right is consistent with provisions
pertaining to water appropriation and water rights under ORS chapters 536
and 537 and rules adopted thereunder.
(c) That construction, operation and maintenance of the diversion
system will be carried out in a manner consistent with the purposes set
forth in ORS 390.805 to 390.925.
(d) If the water right is for human consumption, an additional
finding that:
(A) The applicant cannot reasonably obtain water from any other
source;
(B) Denial of the water right would result in loss of reasonable
expectations for use of the property; and
(C) The system installed to divert water shall include monitoring
equipment to permit water use measurement and reporting.
(e) If the water right is for livestock consumption, an additional
finding that:
(A) The right is necessary to prevent the livestock from watering
in or along the stream bed;
(B) The applicant cannot reasonably obtain water from any other
source; and
(C) The applicant has excluded livestock from the stream and its
adjacent riparian zone.
(7) In making the findings required under subsection (6) of this
section, the Water Resources Commission shall consider the existing or
potential cumulative impacts of issuing the water right.
(8) The Water Resources Commission may not allow human consumption
and livestock uses authorized under subsection (6) of this section in
excess of a combined cumulative total of one percent of the average daily
flow or one cubic foot per second, whichever is less, unless:
(a) The Water Resources Commission, the State Parks and Recreation
Department, the State Department of Fish and Wildlife, the Department of
Environmental Quality and the Department of State Lands unanimously agree
to exceed that amount; and
(b) Exceeding that amount will not significantly impair the
free-flowing character of these waters in quantities necessary for
recreation, fish and wildlife.
(9)(a) The provisions of this section shall not apply to a water
right application for the use of ground water as defined in ORS 537.515,
except upon a finding by the Water Resources Director based on a
preponderance of evidence that the use of ground water will measurably
reduce the surface water flows necessary to maintain the free-flowing
character of a scenic waterway in quantities necessary for recreation,
fish and wildlife.
(b) The Water Resources Department shall review every application
for the use of ground water to determine whether to make the finding
specified in paragraph (a) of this subsection. The finding shall be based
upon the application of generally accepted hydrogeologic methods using
relevant and available field information concerning the proposed use.
(c) In making the determination required by paragraph (a) of this
subsection, the Water Resources Department shall consider the timing of
projected impacts of the proposed use in relation to other factors,
including but not limited to: Changing climate, recharge, incidental
precipitation, out-of-stream appropriations and return flows.
(d) If the Water Resources Director makes the finding specified in
paragraph (a) of this subsection, the Water Resources Director shall
issue an order denying the application unless:
(A) Mitigation is provided in accordance with subsection (10) of
this section; or
(B) The applicant submits evidence to overcome the finding under
paragraph (a) of this subsection.
(e) Except as provided under subsection (13) of this section, if
the Water Resources Director does not make the finding specified in
paragraph (a) of this subsection, the Water Resources Director shall
issue an order approving the application if the application otherwise
meets the requirements of ORS 537.505 to 537.795.
(f) A protest of any order issued under this subsection may be
filed in the same manner as a protest on any application for a right to
appropriate ground water.
(g) Each water right permit and certificate for appropriation of
ground water issued after July 19, 1995, for which a source of
appropriation is within or above a scenic waterway shall be conditioned
to allow the regulation of the use if analysis of data available after
the permit or certificate is issued discloses that the appropriation will
measurably reduce the surface water flows necessary to maintain the
free-flowing character of a scenic waterway in quantities necessary for
recreation, fish and wildlife in effect as of the priority date of the
right or as those quantities may be subsequently reduced.
(h) Nothing in this subsection shall limit the use of ground water
for a use exempted under ORS 537.545.
(10) The Water Resources Commission or Water Resources Director
shall consider mitigation measures and may include mitigation measures as
conditions in any water right permit or certificate to ensure the
maintenance of the free-flowing character of the scenic waterway in
quantities necessary for recreation, fish and wildlife.
(11) The Water Resources Commission and the Water Resources
Director shall carry out their responsibilities under ORS 536.220 to
536.590 with respect to the waters within scenic waterways in conformity
with the provisions of this section.
(12) As used in this section, “measurably reduce” means that the
use authorized under subsection (9) of this section will individually or
cumulatively reduce surface water flows within the scenic waterway in
excess of a combined cumulative total of one percent of the average daily
flow or one cubic foot per second, whichever is less, unless:
(a) The Water Resources Department, the State Parks and Recreation
Department, the State Department of Fish and Wildlife, the Department of
Environmental Quality and the Department of State Lands unanimously agree
to exceed that amount; and
(b) Exceeding that amount will not significantly impair the
free-flowing character of these waters in quantities necessary for
recreation, fish and wildlife.
(13) Before authorizing an appropriation that will reduce
streamflows within a scenic waterway in amounts up to but not exceeding
the amounts described in subsection (12) of this section, the Water
Resources Director shall find:
(a) That the appropriation will not significantly impair the
free-flowing character of these waters in quantities necessary for
recreation, fish and wildlife.
(b) That the appropriation is consistent with provisions pertaining
to water appropriations and water rights under ORS chapters 536 and 537
and the rules adopted thereunder.
(c) That construction, operation and maintenance of the
appropriation will be carried out in a manner consistent with the
purposes set forth in ORS 390.805 to 390.925.
(14) No placer mining shall be permitted on waters within scenic
waterways other than recreational placer mining.
(15) No person shall be required to obtain a permit for
recreational prospecting resulting in the fill, removal or other
alteration of less than one cubic yard of material at any one individual
site and, cumulatively, not more than five cubic yards of material from
within the bed or wet perimeter of any single scenic waterway in a single
year. Recreational prospecting shall not occur at any site where fish
eggs are present.
(16) No provision of this section shall be construed to exempt
recreational placer mining on a scenic waterway, other than recreational
prospecting not requiring a permit, from compliance with the provisions
of ORS 196.800 to 196.825 and 196.840 to 196.870 or rules adopted
pursuant to ORS 196.800 to 196.825 and 196.840 to 196.870.
(17) Recreational placer mining, other than recreational
prospecting not requiring a permit, shall not:
(a) Dam or divert a waterway or obstruct fish passage;
(b) Include nozzling, sluicing or digging outside the wet perimeter
of the stream, nor extend the wet perimeter;
(c) Include movement of boulders, logs, stumps or other woody
material from the wet perimeter other than movement by hand and
nonmotorized equipment;
(d) Involve the disturbance of rooted or embedded woody plants,
including trees and shrubs, regardless of their location;
(e) Include excavation from the streambank;
(f) Fail to level pits, piles, furrows or potholes outside the main
channel of the waterway upon leaving the site;
(g) Include operation of a suction dredge without a suction dredge
waste discharge permit from the Department of Environmental Quality
including, but not limited to, a prohibition against dredging during
periods when fish eggs could be in the dredging site gravel;
(h) Be conducted on federal lands except as allowed by agencies of
the federal government;
(i) Impede boating;
(j) Include operation of a dredge between the hours of 6 p.m. and 8
a.m. within 500 feet of a residence or within 500 feet of a campground
except within a federally designated recreational mining site; or
(k) Include operation of a dredge within the marked or posted
swimming area of a designated campground or day use area except within a
federally designated recreational mining site.
(18) As used in this section:
(a) “Bed” means the land within the wet perimeter and any adjacent
nonvegetated dry gravel bar.
(b) “Prospecting” means to search or explore for samples of gold,
silver or other precious minerals, using nonmotorized methods, from among
small quantities of aggregate.
(c) “Recreational placer mining” includes, but is not limited to,
the use of nonmotorized equipment and motorized surface dredges having an
intake nozzle with an inside diameter not exceeding four inches, a motor
no larger than 16 horsepower and a muffler meeting or exceeding
factory-installed noise reduction standards. “Recreational placer mining”
does not include recreational prospecting that does not require a permit.
(d) “Wet perimeter” means the area of the stream that is
underwater, or is exposed as a nonvegetated dry gravel bar island
surrounded on all sides by actively moving water at the time the activity
occurs. [1971 c.1 §4; 1973 c.756 §1; 1977 c.671 §2; 1985 c.673 §177; 1989
c.320 §1; 1993 c.99 §1; 1995 c.223 §1; 1995 c.719 §1; 1997 c.223 §1; 1997
c.478 §1; 2001 c.499 §1]Note: Operation of the amendments to 390.835 by section 8, chapter
516, Oregon Laws 2001, is dependent upon further approval by the
Legislative Assembly. See section 11, chapter 516, Oregon Laws 2001. The
text that is operative after that approval is set forth for the user’s
convenience.
390.835. (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 of these waters shall be maintained in
quantities necessary for recreation, fish and wildlife uses. A dam,
reservoir or other water impoundment facility may not be constructed on
waters within scenic waterways. A water diversion facility may not be
constructed or used except by right previously established or as
permitted by the Water Resources Commission, upon a finding that such
diversion is necessary to uses designated in ORS 536.310 (12), and in a
manner consistent with the policies set forth under ORS 390.805 to
390.925. The Water Resources Commission shall administer and enforce the
provisions of this subsection.
(2) Filling of the beds or removal of material from or other
alteration of the beds or banks of scenic waterways for purposes other
than recreational prospecting not requiring a permit shall be prohibited,
except as permitted by the Director of the Department of State Lands upon
a finding that such activity would be consistent with the policies set
forth under ORS 390.805 to 390.925 for scenic waterways and in a manner
consistent with the policies set forth under ORS 196.800 to 196.825 and
196.840 to 196.870 for removal of material from the beds and banks and
filling of any waters of this state. The Director of the Department of
State Lands shall administer and enforce the provisions of this
subsection.
(3)(a) Upon a finding of emergency circumstances, the Director of
the Department of State Lands may issue a temporary permit for the
removal, filling or alteration of the beds or banks within a scenic
waterway. The temporary permit shall include conditions developed after
consultation with the State Department of Fish and Wildlife and the State
Parks and Recreation Department.
(b) As used in this subsection, “emergency circumstances” exist if
prompt action is necessary to prevent irreparable harm, injury or damage
to persons or property.
(4) Any person adversely affected or aggrieved by the grant or
denial of a permit under subsection (2) or (3) of this section may appeal
in accordance with the procedure set forth in ORS 196.835.
(5) Nothing in ORS 390.805 to 390.925 affects the authority of the
State Fish and Wildlife Commission to construct facilities or make
improvements to facilitate the passage or propagation of fish or to
exercise other responsibilities in managing fish and wildlife resources.
Nothing in ORS 390.805 to 390.925 affects the authority of the Water
Resources Commission to construct and maintain stream gauge stations and
other facilities related to the commission’s duties in administration of
the water laws.
(6) Upon a finding of necessity under subsection (1) of this
section, the Water Resources Commission may issue a water right for human
consumption not to exceed 0.005 cubic feet per second per household, or
livestock consumption uses not to exceed one-tenth of one cubic foot per
second per 1,000 head of livestock, as designated in ORS 536.310 (12)
within or above a scenic waterway if the Water Resources Commission makes
the following findings:
(a) That issuing the water right does not significantly impair the
free-flowing character of these waters in quantities necessary for
recreation, fish and wildlife.
(b) That issuing the water right is consistent with provisions
pertaining to water appropriation and water rights under ORS chapters 536
and 537 and rules adopted thereunder.
(c) That construction, operation and maintenance of the diversion
system will be carried out in a manner consistent with the purposes set
forth in ORS 390.805 to 390.925.
(d) If the water right is for human consumption, an additional
finding that:
(A) The applicant cannot reasonably obtain water from any other
source;
(B) Denial of the water right would result in loss of reasonable
expectations for use of the property; and
(C) The system installed to divert water shall include monitoring
equipment to permit water use measurement and reporting.
(e) If the water right is for livestock consumption, an additional
finding that:
(A) The right is necessary to prevent the livestock from watering
in or along the stream bed;
(B) The applicant cannot reasonably obtain water from any other
source; and
(C) The applicant has excluded livestock from the stream and its
adjacent riparian zone.
(7) In making the findings required under subsection (6) of this
section, the Water Resources Commission shall consider the existing or
potential cumulative impacts of issuing the water right.
(8) The Water Resources Commission may not allow human consumption
and livestock uses authorized under subsection (6) of this section in
excess of a combined cumulative total of one percent of the average daily
flow or one cubic foot per second, whichever is less, unless:
(a) The Water Resources Commission, the State Parks and Recreation
Department, the State Department of Fish and Wildlife, the Department of
Environmental Quality and the Department of State Lands unanimously agree
to exceed that amount; and
(b) Exceeding that amount will not significantly impair the
free-flowing character of these waters in quantities necessary for
recreation, fish and wildlife.
(9)(a) The provisions of this section do not apply to a water right
application for the use of ground water as defined in ORS 537.515, except
upon a finding by the Water Resources Director based on a preponderance
of evidence that the use of ground water will measurably reduce the
surface water flows necessary to maintain the free-flowing character of a
scenic waterway in quantities necessary for recreation, fish and wildlife.
(b) The Water Resources Department shall review every application
for the use of ground water to determine whether to make the finding
specified in paragraph (a) of this subsection. The finding shall be based
upon the application of generally accepted hydrogeologic methods using
relevant and available field information concerning the proposed use.
(c) In making the determination required by paragraph (a) of this
subsection, the Water Resources Department shall consider the timing of
projected impacts of the proposed use in relation to other factors,
including but not limited to: Changing climate, recharge, incidental
precipitation, out-of-stream appropriations and return flows.
(d) If the Water Resources Director makes the finding specified in
paragraph (a) of this subsection, the Water Resources Director shall
issue an order denying the application unless:
(A) Mitigation is provided in accordance with subsection (10) of
this section; or
(B) The applicant submits evidence to overcome the finding under
paragraph (a) of this subsection.
(e) Except as provided under subsection (13) of this section, if
the Water Resources Director does not make the finding specified in
paragraph (a) of this subsection, the Water Resources Director shall
issue an order approving the application if the application otherwise
meets the requirements of ORS 537.505 to 537.795.
(f) A protest of any order issued under this subsection may be
filed in the same manner as a protest on any application for a right to
appropriate ground water.
(g) Each water right permit and certificate for appropriation of
ground water issued after July 19, 1995, for which a source of
appropriation is within or above a scenic waterway shall be conditioned
to allow the regulation of the use if analysis of data available after
the permit or certificate is issued discloses that the appropriation will
measurably reduce the surface water flows necessary to maintain the
free-flowing character of a scenic waterway in quantities necessary for
recreation, fish and wildlife in effect as of the priority date of the
right or as those quantities may be subsequently reduced.
(h) This subsection does not limit the use of ground water for a
use exempted under ORS 537.545.
(10) The Water Resources Commission or Water Resources Director
shall consider mitigation measures and may include mitigation measures as
conditions in any water right permit or certificate to ensure the
maintenance of the free-flowing character of the scenic waterway in
quantities necessary for recreation, fish and wildlife.
(11) The Water Resources Commission and the Water Resources
Director shall carry out their responsibilities under ORS 536.220 to
536.590 with respect to the waters within scenic waterways in conformity
with the provisions of this section.
(12) As used in this section, “measurably reduce” means that the
use authorized under subsection (9) of this section will individually or
cumulatively reduce surface water flows within the scenic waterway in
excess of a combined cumulative total of one percent of the average daily
flow or one cubic foot per second, whichever is less, unless:
(a) The Water Resources Department, the State Parks and Recreation
Department, the State Department of Fish and Wildlife, the Department of
Environmental Quality and the Department of State Lands unanimously agree
to exceed that amount; and
(b) Exceeding that amount will not significantly impair the
free-flowing character of these waters in quantities necessary for
recreation, fish and wildlife.
(13) Before authorizing an appropriation that will reduce
streamflows within a scenic waterway in amounts up to but not exceeding
the amounts described in subsection (12) of this section, the Water
Resources Director shall find:
(a) That the appropriation will not significantly impair the
free-flowing character of these waters in quantities necessary for
recreation, fish and wildlife.
(b) That the appropriation is consistent with provisions pertaining
to water appropriations and water rights under ORS chapters 536 and 537
and the rules adopted thereunder.
(c) That construction, operation and maintenance of the
appropriation will be carried out in a manner consistent with the
purposes set forth in ORS 390.805 to 390.925.
(14) Placer mining is not permitted on waters within scenic
waterways, other than recreational placer mining.
(15) A person may not be required to obtain a permit for
recreational prospecting or other nonmotorized recreational activity
resulting in the fill, removal or other alteration of less than one cubic
yard of material at any one individual site and, cumulatively, not more
than five cubic yards of material from within the bed or wet perimeter of
any single scenic waterway in a single year. Recreational prospecting
shall not occur at any site where fish eggs are present.
(16) This section does not exempt recreational placer mining on a
scenic waterway, other than recreational prospecting not requiring a
permit, from compliance with the provisions of ORS 196.800 to 196.825 and
196.840 to 196.870 or rules adopted pursuant to ORS 196.800 to 196.825
and 196.840 to 196.870.
(17) Recreational placer mining may not:
(a) Dam or divert a waterway or obstruct fish passage;
(b) Include nozzling, sluicing or digging outside the wet perimeter
of the stream, nor extend the wet perimeter;
(c) Include movement of boulders, logs, stumps or other woody
material from the wet perimeter other than movement by hand and
nonmotorized equipment;
(d) Involve the disturbance of rooted or embedded woody plants,
including trees and shrubs, regardless of their location;
(e) Include excavation from the streambank;
(f) Fail to level pits, piles, furrows or potholes outside the main
channel of the waterway upon leaving the site;
(g) Include operation of a suction dredge without a suction dredge
waste discharge permit from the Department of Environmental Quality
including, but not limited to, a prohibition against dredging during
periods when fish eggs could be in the dredging site gravel;
(h) Be conducted on federal lands except as allowed by agencies of
the federal government;
(i) Impede boating;
(j) Include operation of a dredge between the hours of 6 p.m. and 8
a.m. within 500 feet of a residence or within 500 feet of a campground
except within a federally designated recreational mining site; or
(k) Include operation of a dredge within the marked or posted
swimming area of a designated campground or day use area except within a
federally designated recreational mining site.
(18) As used in this section:
(a) “Bed” means the land within the wet perimeter and any adjacent
nonvegetated dry gravel bar.
(b) “Prospecting” means to search or explore for samples of gold,
silver or other precious minerals, using nonmotorized methods, from among
small quantities of aggregate.
(c) “Recreational placer mining” includes, but is not limited to,
the use of nonmotorized equipment and motorized surface dredges having an
intake nozzle with an inside diameter not exceeding four inches, a motor
no larger than 16 horsepower and a muffler meeting or exceeding
factory-installed noise reduction standards. “Recreational placer mining”
does not include recreational prospecting that does not require a permit.
(d) “Wet perimeter” means the area of the stream that is
underwater, or is exposed as a nonvegetated dry gravel bar island
surrounded on all sides by actively moving water at the time the activity
occurs.(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 protect and enhance
the values which caused such scenic waterway to be included in the
system. In such administration primary emphasis shall be given to
protecting the aesthetic, scenic, fish and wildlife, scientific and
recreation features, based on the special attributes of each area.
(2) After consultation with the State Board of Forestry, the State
Department of Agriculture and the affected counties and with the
concurrence of the Water Resources Commission, the department shall adopt
rules governing the management of related adjacent land. Such rules shall
be adopted in accordance with ORS chapter 183. Such rules shall reflect
management principles, standards and plans applicable to scenic
waterways, their shore lines and related adjacent land and, if necessary,
establish varying intensities of protection or development based on
special attributes of each area. Such management principles, standards
and plans shall protect or enhance the aesthetic and scenic values of the
scenic waterways and permit compatible agricultural, forestry and other
land uses. Specifically, and not in limitation of the foregoing, such
rules shall provide that:
(a) No roads, railroads or utilities shall be constructed within
any scenic waterway except where necessary to serve the permissible uses,
as defined in subsection (2) of this section and in the rules of the
department, of the related adjacent land or unless department approval of
such use is obtained as provided in subsection (4) or (5) of this
section. The department wherever practicable shall require the sharing of
land and air space by such roads, railroads and utilities. All
permissible roads, railroads and utilities shall be located in such a
manner as to minimize the disturbance of the natural beauty of a scenic
waterway;
(b) Forest crops shall be harvested in such manner as to maintain
as nearly as reasonably is practicable the natural beauty of the scenic
waterway;
(c) Occupants of related adjacent land shall avoid pollution of
waters within a scenic waterway;
(d) The surface of related adjacent land shall not be disturbed for
prospecting or mining unless the department’s approval is obtained under
subsection (4) or (5) of this section; and
(e) Unless department approval of the proposed use is obtained
under subsection (4) or (5) of this section, no commercial, business or
industrial structures or buildings other than structures or buildings
erected in connection with an existing use shall be erected or placed on
related adjacent land. All structures and buildings erected or placed on
such land shall be in harmony with the natural beauty of the scenic
waterway and shall be placed a sufficient distance from other structures
or buildings so as not to impair substantially such natural beauty. No
signs or other forms of outdoor advertising that are visible from waters
within a scenic waterway shall be constructed or maintained.
(3) No person shall put related adjacent land to uses that violate
ORS 390.805 to 390.925 or the rules of the department adopted under ORS
390.805 to 390.925 or to uses to which the land was not being put before
December 3, 1970, or engage in the cutting of trees, or mining, or
prospecting on such lands or construct roads, railroads, utilities,
buildings or other structures on such lands, unless the owner of the land
has given to the department written notice of such proposed use at least
one year prior thereto and has submitted to the department with the
notice a specific and detailed description of such proposed use or has
entered into agreement for such use with the department under subsection
(5) of this section. The owner may, however, act in emergencies without
the notice required by ORS 390.805 to 390.925 when necessary in the
interests of public safety.
(4) Upon receipt of the written notice provided in subsection (3)
of this section, the department shall first determine whether in its
judgment the proposed use would impair substantially the natural beauty
of a scenic waterway. If the department determines that the proposal, if
put into effect, would not impair substantially the natural beauty of the
scenic waterway, the department shall notify in writing the owner of the
related adjacent land that the owner may immediately proceed with the
proposed use as described to the department. If the department determines
that the proposal, if put into effect, would impair substantially the
natural beauty of the scenic waterway, the department shall notify in
writing the owner of the related adjacent land of such determination and
no steps shall be taken to carry out such proposal until at least one
year after the original notice to the department. During such period:
(a) The department and the owner of the land involved may agree
upon modifications or alterations of the proposal so that implementation
thereof would not in the judgment of the department impair substantially
the natural beauty of the scenic waterway; or
(b) The department may acquire by purchase, gift or exchange, the
land involved or interests therein, including scenic easements, for the
purpose of preserving the natural beauty of the scenic waterway.
(5) The department, upon written request from an owner of related
adjacent land, shall enter into negotiations and endeavor to reach
agreement with such owner establishing for the use of such land a plan
that would not impair substantially the natural beauty of the scenic
waterway. At the time of such request for negotiations, the owner may
submit a plan in writing setting forth in detail proposed uses. Three
months after the owner makes such a request for negotiations with respect
to use of land, either the department or the owner may give written
notice that the negotiations are terminated without agreement. Nine
months after the notice of termination of negotiations the owner may use
land in conformity with any specific written plan submitted by the owner
prior to or during negotiations. In the event the department and the
owner reach agreement establishing a plan for land use, such agreement is
terminable upon at least one year’s written notice by either the
department or the owner.
(6) With the concurrence of the Water Resources Commission, the
department may institute condemnation proceedings and by condemnation
acquire related adjacent land:
(a) At any time subsequent to nine months after the receipt of
notice of a proposal for the use of such land that the department
determines would, if carried out, impair substantially the natural beauty
of a scenic waterway unless the department and the owner of such land
have entered into an agreement as contemplated by subsection (4) or (5)
of this section or the owner shall have notified the department of the
abandonment of such proposal; or
(b) At any time related adjacent land is used in a manner violating
ORS 390.805 to 390.925, the rules of the department or any agreement
entered into by the department pursuant to subsection (4) or (5) of this
section; or
(c) At any time related adjacent land is used in a manner which, in
the judgment of the department, impairs substantially the natural beauty
of a scenic waterway, if the department has not been given at least one
year’s advance written notice of such use and if there is not in effect
department approval of such use pursuant to subsection (4) or (5) of this
section.
(7) In such condemnation the owner of the land shall not receive
any award for the value of any structure, utility, road or other
improvement constructed or erected upon the land after December 3, 1970,
unless the department has received written notice of such proposed
structure, utility, road or other improvement at least one year prior to
commencement of construction or erection of such structure, utility, road
or other improvement or unless the department has given approval for such
improvement under subsection (4) or (5) of this section. If the person
owned the land on December 3, 1970, and for a continuous period of not
less than two years immediately prior thereto, the person shall receive
no less for the land than its value on December 3, 1970. The department
shall not acquire by condemnation a scenic easement in land. When the
department acquires any related adjacent land that is located between a
lake or river and other land that is owned by a person having the right
to the beneficial use of waters in the river by virtue of ownership of
the other land:
(a) The right to the beneficial use of such waters shall not be
affected by such condemnation; and
(b) The owner of the other land shall retain a right of access to
the lake or river necessary to use, store or divert such waters as the
owner has a right to use, consistent with concurrent use of the land so
condemned as a part of the Oregon Scenic Waterways System.
(8) Any owner of related adjacent land, upon written request to the
department, shall be provided copies of rules then in effect or
thereafter adopted by the department pursuant to ORS 390.805 to 390.925.
(9) The department shall furnish to any member of the public upon
written request and at expense of the member a copy of any notice filed
pursuant to subsection (3) of this section.
(10) If a scenic waterway contains lands or interests therein owned
by or under the jurisdiction of an Indian tribe, the United States,
another state agency or local governmental agency, the department may
enter into agreement with the tribe or the federal, state or local agency
for the administration of such lands or interests therein in furtherance
of the purposes of ORS 390.805 to 390.925. [1971 c.1 §5; 1971 c.459 §1;
1973 c.756 §2; 1981 c.236 §3; 1983 c.334 §4](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. The
department shall establish a reasonable fee for issuance of a pass under
this section. The department may establish any form of proof of payment
of the user fees that it deems appropriate.
(2) The system for issuance of passes established by the department
under this section may include issuance of the passes by governmental
entities or private persons who have entered into appropriate agreements
with the department for issuance of the passes. Agreements under this
subsection may include, but are not limited to, terms providing for
locations for the collection of fees, methods the department determines
appropriate to assure payment of moneys collected and provisions for the
distribution of river-user information.
(3) The department shall issue, without charge, annual passes to
comply with the requirements under ORS 390.851 to persons who own ranch,
farm or residential property immediately abutting those portions of the
Deschutes River designated as scenic waterways under ORS 390.826 and to
members of the immediate family of such persons. This subsection does not
authorize the issuance without charge of passes to persons holding less
than a majority interest in a firm, corporation or cooperative
organization which owns land immediately abutting the Deschutes River
designated as scenic waterways under ORS 390.826.
(4) Moneys collected under this section shall be deposited in the
separate fund established for the State Parks and Recreation Department
under ORS 366.512 and, subject to the limitations under subsection (5) of
this section, are continually appropriated to that department to be used:
(a) For operation of the pass system established under this section;
(b) For providing river-user oriented law enforcement services;
(c) For providing river recreation information and education;
(d) For developing and maintaining river oriented recreation
facilities; and
(e) For any other purposes the department considers appropriate for
the maintenance, enhancement or protection of the natural and scenic
beauty of the scenic waterway consistent with ORS 390.805 to 390.925.
(5) The use of moneys for purposes described under subsection (4)
of this section is limited to the performance of those purposes for areas
of the Deschutes River designated as scenic waterways under ORS 390.826.
[1981 c.798 §2; 1985 c.606 §4; 1987 c.291 §2; 1987 c.624 §15](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 any camping, fishing or other activity in connection with being
transported by a boat on those portions of the Deschutes River designated
as scenic waterways under ORS 390.826.
(2) This section does not apply to:
(a) Peace officers, members or employees of a governmental body or
their agents while engaged in the discharge of official duties; or
(b) Any member of the Confederated Tribes of the Warm Springs
Indian Reservation.
(3) A person who violates this section commits a Class C violation.
[1981 c.798 §3; 1987 c.291 §3; 1999 c.1051 §99] 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 Commission, recommending the designation of additional rivers
or segments of rivers and related adjacent land by the Governor as scenic
waterways subject to the provisions of ORS 390.805 to 390.925. Consistent
with such recommendation, the Governor may designate any river or segment
of a river and related adjacent land as a scenic waterway subject to the
provisions of ORS 390.805 to 390.925. The department shall consult with
the State Fish and Wildlife Commission, the State Department of
Agriculture, the Environmental Quality Commission, the Department of
State Lands, and such other persons or agencies as it considers
appropriate. The State Parks and Recreation Department shall conduct
hearings in the counties in which the proposed additional rivers or
segments of rivers are located. The following criteria shall be
considered in making such report:
(1) The river or segment of river is relatively free-flowing and
the scene as viewed from the river and related adjacent land is pleasing,
whether primitive or rural-pastoral, or these conditions are restorable.
(2) The river or segment of river and its setting possess natural
and recreation values of outstanding quality.
(3) The river or segment of river and its setting are large enough
to sustain substantial recreation use and to accommodate existing uses
without undue impairment of the natural values of the resource or quality
of the recreation experience. [1971 c.1 §6]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 following the adjournment sine die of the regular
session of the Legislative Assembly next following the date of the
designation or that was in session when the designation was made. The
Legislative Assembly by joint resolution may disapprove any such
designation or a part thereof, and in that event the designation, or part
thereof so disapproved, shall not become effective. [1971 c.1 §7]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 jurisdiction of
the State Parks and Recreation Department with or without compensation.
Any land so transferred shall become state recreational land and shall be
administered as a part of the scenic waterway. Any such land within a
scenic waterway which is not transferred to the jurisdiction of the
department, to the fullest extent consistent with the purposes for which
the land is held, shall be administered by the body having jurisdiction
thereof in accordance with the provisions of ORS 390.805 to 390.925.
[1971 c.1 §8]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 exchange therefor, may convey to the
grantor of such property any property under its jurisdiction that the
department is not otherwise restricted from exchanging. In so far as
practicable, the properties so exchanged shall be of approximately equal
fair market value. If they are not of approximately equal fair market
value, the department may accept cash or property from, or pay cash or
grant property to, the grantor in order to equalize the values of the
properties exchanged. [1971 c.1 §9] 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 portion of moneys made available to
it by the Bureau of Outdoor Recreation and other federal agencies,
including matching funds, as the department determines are necessary and
available to carry out the purposes of ORS 390.805 to 390.925. [1971 c.1
§10]
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 fire control; except that such state
agencies shall endeavor to perform their responsibilities in a manner
consistent with the purposes of ORS 390.805 to 390.925. [1971 c.1 §11]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 advise the
various governmental agencies involved regarding management of the scenic
waterways. Each such agreement must provide for membership on the
committee of a representative of one of the governing bodies of the
counties through which the scenic waterway flows. The county
representative shall be chosen by the Governor from among those
individuals recommended to the Governor by the county governing bodies.
[1981 c.236 §2]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 in value caused by the scenic easement, and assessed
in accordance with ORS 308.232. The easement shall be exempt from
assessment and taxation the same as any other property owned by the
state. [1971 c.1 §12; 1981 c.804 §99; 1991 c.459 §394] 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 Department is vested with power to obtain
injunctions and other appropriate relief against violations of any
provisions of ORS 390.805 to 390.925 and any rules adopted under ORS
390.805 to 390.925 and agreements made under ORS 390.805 to 390.925.
[1971 c.1 §13; 1981 c.798 §6]
DESCHUTES RIVER SCENIC WATERWAY RECREATION AREA 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) Confederated Tribes of the Warm Springs Indian Reservation;
(d) State Marine Board;
(e) Sherman, Wasco and Jefferson Counties;
(f) Oregon State Police;
(g) United States Bureau of Land Management;
(h) United States Bureau of Indian Affairs; and
(i) The City of Maupin.
(2) “Recreation area” means the Deschutes River Scenic Waterway
Recreation Area created under ORS 390.932. [1987 c.624 §§1,18; 1989 c.904
§26; 2001 c.104 §133]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 designated as the segment from immediately
below the existing Pelton reregulating dam downstream approximately 100
miles to its confluence with the Columbia River, excluding the City of
Maupin as its boundaries are constituted on October 4, 1977. [1987 c.624
§17](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 Area. In managing
the recreation area, the department shall cooperate with other managing
agencies having jurisdiction to manage all or part of the recreational
area.
(2) The department shall adopt a management plan by rule. The
department shall implement the plan and shall prepare a budget for
implementation taking into consideration the provisions of the management
plan. [1987 c.624 §§3,19]
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 ORS 390.930 to 390.940 that
the department is charged with administering. [1987 c.624 §§12,22] 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 390.805 to 390.925, the
recreational area shall be administered to allow continuance of
compatible existing uses, while allowing a wide range of compatible
river-oriented public outdoor recreation opportunities, to the extent
that these do not impair substantially the natural beauty of the scenic
waterway or diminish its aesthetic, fish and wildlife, scientific and
recreational values.
(2) The management plan shall stress a segment by segment design
and shall include provisions for the development of appropriate
facilities and services in the recreation area to meet resource needs for
protection and preservation and user needs. This development may include
but need not be limited to:
(a) River and car camp development;
(b) Sanitation stations for human waste and garbage;
(c) Parking and access road improvement;
(d) Signs indicating land ownership;
(e) Tree and riparian zone protection and restoration;
(f) Educational programs; and
(g) Initiation of additional volunteer programs.
(3) Before restricting access through the use of a permit system,
all other management options shall be considered.
(4) Special emphasis shall be placed on protecting the recreation
area and all adjacent property from recreationist-caused wildfires. This
goal shall be equal in priority to the other primary goals set forth in
this section. This protection shall include but not be limited to:
(a) Permanent adoption of a fire rule that provides the same
protection as the fire rule in force during the 1986 fire season.
(b) Requiring boater passes to include the name of the group
leader, date and section of river used.
(c) The establishment of information centers near major points of
entry into the recreation area to provide users with information and
education regarding the fire rules and general rules of the river.
(d) Conducting cadet patrols at the levels considered necessary to
facilitate reasonable compliance with recreation area rules. [1987 c.624
§§4,20] 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 of ORS 390.805 to 390.925 and 390.930 to 390.940 and rules
adopted under ORS 390.805 to 390.925 and 390.930 to 390.940. Federal and
tribal managing agencies with jurisdiction over their respective lands
and waters shall be encouraged to manage their lands and waters in a
manner consistent with the provisions of ORS 390.805 to 390.925 and
390.930 to 390.940. [1987 c.624 §§5,21]RECREATION TRAILSORS 390.950 to 390.989 and 390.995 (2) may be
cited as the Oregon Recreation Trails System Act. [1971 c.614 §1] (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 to, travel within and enjoyment and
appreciation of, the open-air, outdoor areas of Oregon, trails should be
established both near the urban areas of this state and within, adjacent
to or connecting highly scenic areas more remotely located.
(2) The purpose of ORS 390.950 to 390.989 and 390.995 (2) is to
provide the means for attaining these objectives by instituting a system
of recreation trails in this state, by designating certain trails as the
initial components of that system, and by prescribing the methods of
which, and standards according to which, additional components may be
added to the system. [1971 c.614 §3] 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, in consultation with appropriate federal, state
and local governmental agencies and public and private organizations,
shall establish a uniform marker for the system of Oregon recreation
trails. [1971 c.614 §4](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 State
Parks and Recreation Department may prescribe, the department is
encouraged and empowered to establish and designate Oregon recreation
trails:
(a) Over lands owned by the State of Oregon, by the federal
government or by any county, municipality or other local governmental
body, with the consent of the state agency, federal agency, county,
municipality or other local governmental body having jurisdiction over
the lands involved; or
(b) Over lands owned by private persons, in the manner and subject
to the limitations provided in ORS 390.950 to 390.989 and 390.995 (2).
(2) In establishing such trails, the department shall give special
recognition to the need for the establishment of recreation trails in or
near, or reasonably accessible to, urban areas. Upon the establishment of
any such trail, the department shall designate the primary kind of trail
it is to be, based upon the mode or modes of travel to be permitted on
such trail, including one or more of the following:
(a) Footpath.
(b) Horseback riding trail.
(c) Bicycle path.
(3) Nothing in ORS 390.950 to 390.989 and 390.995 (2) affects any
other statute authorizing trails for motorized vehicles which is not
inconsistent with ORS 390.950 to 390.989 and 390.995 (2). [1971 c.614 §5] (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 in
accordance with the following criteria:
(a) Emphasis shall be given to the development of trails across
public lands.
(b) No trails shall cross private land occupied by a residential
dwelling, or upon which a residential dwelling is under construction,
within 300 feet of such residential dwelling, without the consent of the
owner.
(c) Trails shall be selected to minimize the adverse effects on
adjacent landowners or users and their operations.
(d) Development and management of trails shall be designed to
harmonize with and complement any established forest, agricultural, or
other use plan that is compatible with the purposes of ORS 390.950 to
390.989 and 390.995 (2).
(2) Before establishing a trail the department shall consider at a
public meeting the following information:
(a) The proposed route of such trail (including maps and
illustrations) and the recommended mode or modes of travel to be
permitted thereon;
(b) The areas adjacent to such trails, to be utilized for scenic,
historic, natural, cultural or developmental purposes;
(c) The characteristics that, in the judgment of the department,
make the proposed trail suitable as an Oregon recreation trail;
(d) The current status of land ownership and current and potential
use along the designated route;
(e) The estimated cost of acquisition of lands or interest in
lands, if any;
(f) The plans for developing and maintaining the trail and the cost
thereof;
(g) Any anticipated problems of policing the use of such trail and
any anticipated hazards to the use of any privately owned lands adjacent
to such trail; and
(h) The extent to which the state or its political subdivisions and
public and private organizations might reasonably be expected to
participate in acquiring the necessary lands and in the administration
thereof. [1971 c.614 §6] (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 (b).
Such rights of way shall be:
(a) Of sufficient width and so located as to protect natural
conditions, scenic and historic features, and any primitive character of
the trail area; to provide campsites, shelters, and related public-use
facilities along trails in more remote areas; and to provide reasonable
public access.
(b) Located to avoid, in so far as reasonably practicable,
established highways, motor roads, mining areas, power transmission
lines, existing commercial and industrial developments, range fences and
improvements, private logging operations, and any other activities that
would be incompatible with the protection of the trailside environment in
its natural condition and the use of the trail for outdoor recreation.
(2) Notwithstanding subsection (1) of this section, it is
recognized that in many instances (especially in urban areas and for some
types of trails across or near private land) it may be advisable to
locate segments of trails in or near existing rights of way for roads,
highways, public utilities or telecommunications utilities, excluding
power transmission lines; and it is recognized that trail rights of way
on occasion may be located, or from time to time relocated, through, or
adjacent to, lands used for private timber (including logging),
agriculture, commercial or industrial operations and that such location
or relocation of a trail right of way, of itself, shall not impose any
limitation upon an otherwise lawful use of the adjacent private land
except to the extent of the terms of any agreement with the private
landowner as provided in ORS 390.971 (1) and except as may be provided by
any zoning ordinance, law or regulation.
(3) The location and width of an Oregon recreation trail right of
way across federal lands under the jurisdiction of a federal agency shall
be by agreement between that agency and the department.
(4) In selecting a right of way, the department shall endeavor to
obtain the advice and assistance of the local governments, private
organizations, landowners, the land users concerned, and the advisory
council established under ORS 390.977.
(5) The department shall hold a public hearing in the area of the
state where the selection of such right of way is to be made. Subject to
ORS 390.971, after public hearing, the department may revise the location
and width of a right of way from time to time as required by
circumstances, with the consent of the head of any federal agency
involved, and with such advice and assistance of the local governments,
private organizations, landowners, land users, and the advisory council,
as the department considers necessary or advisable. [1971 c.614 §7; 1987
c.447 §124] (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 provided
in ORS 390.950 to 390.989 and 390.995 (2), the State Parks and Recreation
Department may do any of the following:
(a) Enter into written cooperative agreements with landowners,
federal agencies, other state agencies, local governments, private
organizations and individuals in order to provide for the development,
operation, maintenance, location and relocation of the trail. Where the
trail crosses commercial forestland, such agreement shall make reasonable
provision for temporary relocation reasonably required for commercial
forest management.
(b) Subject to limitations set forth in ORS 390.950 to 390.989 and
390.995 (2), acquire lands or interests in lands by donation, purchase
with donated or appropriated funds or exchange, or with funds obtained
under ORS 390.980.
(2) The department, in the exercise of its exchange authority, may
accept title to any nonstate-owned property within a trail right of way,
and, in exchange therefor, the department may convey to the grantor of
such property any state-owned property under its jurisdiction or the
jurisdiction of any state agency consenting to such exchange that the
department or the applicable consenting state agency classifies as
suitable for exchange or other disposal. The values of the properties so
exchanged either shall be approximately equal or, if they are not
approximately equal, the values shall be equalized by the payment of cash
to the grantor or to the department or applicable consenting state agency
as the circumstances require.
(3) If lands included in an Oregon recreation trail right of way
are outside the exterior boundaries of state or federally administered
areas, the department shall attempt, and any local governments involved
shall be encouraged, to enter into written cooperative agreements with
landowners, local government, private organizations and individuals in
order to develop, administer and maintain the trails and to acquire,
develop and administer such lands or interests therein. However, if the
department or local governments fail or are unable to enter into such
agreements or to acquire such lands or interests therein within one year
after the selection of the right of way, the department may acquire
private lands or interests therein by donation, exchange or purchase with
donated or appropriated funds and may develop and administer such lands
or interests therein. Exchanges shall be governed by the provisions of
subsection (2) of this section.
(4) Oregon recreation trails shall be administered, protected,
developed and maintained by the department, or as provided under
subsection (1)(a) of this section, to retain their natural, scenic and
historic features. Along trails in more remote areas, provision may be
made for campsites, shelters and related public-use facilities. Other
uses, including reasonable crossings for motor vehicles, public utilities
and water pipes and ditches, that will not substantially interfere with
the nature and purposes of the trails may be permitted or authorized, as
appropriate. The use of motorized vehicles by the general public along
any such Oregon recreation trail is prohibited. However, the department
shall authorize the use of motorized vehicles when, in its judgment, such
vehicles are necessary to meet emergencies, trail construction and
maintenance needs or to enable adjacent landowners or land users to have
reasonable access to their lands or timber rights. The fact that private
lands are included in an Oregon recreation trail by cooperative agreement
of a landowner does not preclude the owner of such lands or agents of the
owner from using motorized vehicles on or across such trails or adjacent
lands from time to time in accordance with such agreement. Except to the
extent otherwise provided by law, the state laws, rules and regulations
applicable to lands or areas included in any Oregon recreation trail
shall continue to apply. Nothing in ORS 390.950 to 390.989 and 390.995
(2) prohibits the use of roads existing on private lands on September 9,
1971, which may cross or traverse portions of the trail right of way, nor
shall ORS 390.950 to 390.989 and 390.995 (2) prevent trails from crossing
such roads.
(5) The department shall endeavor to induce agreements with
appropriate state and federal agencies to provide for youth work projects
to assist in the construction and maintenance of trails that are part of
the Oregon recreation trails system.
(6) The department shall endeavor, when it considers such to be
appropriate, to develop and enhance the educational values and
opportunities of Oregon recreation trails. In this connection the
department shall cooperate with schools, educators and other interested
persons or groups in developing and utilizing techniques and materials to
demonstrate to and inform the trail-using public of various scenic and
natural features visible along or from such trails, including geological,
botanical, historical, zoological and similar features.
(7) The department shall place and endeavor to maintain signs at
such places as it considers appropriate along Oregon recreation trails
advising users of the Oregon laws of criminal trespass and encouraging
users to protect the trails and the rights and property of adjacent
landowners.
(8) The department, with the concurrence of any federal agency
administering lands through which an Oregon recreation trail passes, and
after consultation with the local governments, private organizations and
landowners that the department knows or believes to be concerned, and the
advisory council established under ORS 390.977, may adopt rules that may
be revised from time to time governing protection, management, use,
development and administration of an Oregon recreation trail.
(9) The department, on lands not within a forest protection
district, upon recommendation of the State Forester, shall have the
authority to close trails during periods of high fire danger. The
department shall also have the authority to close trails if it deems it
necessary to protect the safety of the public.
(10) Notwithstanding the provisions of ORS chapter 477, forestland
on which a fire exists that was caused by a person using, for
recreational purposes, a trail established pursuant to ORS 390.950 to
390.989, shall not be considered an operation area as defined by ORS
477.001, if the fire did not start within an operation. [1971 c.614 §9;
1973 c.46 §7; 1983 c.740 §123; 1997 c.274 §37; 2003 c.14 §169]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 and with any privately owned utility having
jurisdiction or control over or information concerning the use,
abandonment or disposition of roadways, utility rights of way or other
properties suitable for the purpose of improving or expanding the Oregon
recreation trails system in order to assure, to the extent practicable,
that any such properties having value for Oregon recreation trail
purposes may be made available for such use. [1971 c.614 §11](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, not less than two of such members shall
be from separate counties bordering upon the ocean shore. Members of the
council shall be appointed by the State Parks and Recreation Commission
and shall serve at the pleasure of the commission for terms of four
years. Before the expiration of the term of a member, the commission
shall appoint a successor. A member shall be eligible for reappointment.
If there is a vacancy for any cause, the commission shall make an
appointment to become immediately effective for the unexpired term.
(2) The commission and the State Parks and Recreation Department
shall consult with the council from time to time with respect to matters
relating to Oregon recreation trails, including the designation and
establishment of Oregon recreation trails, the selection of rights of
way, the selection, erection and maintenance of markers along the trail
routes and the administration of the trails.
(3) Members of the council shall serve without compensation, but
the department may pay expenses as provided in ORS 292.495.
(4) The council shall select one of its members as chairperson.
(5) A majority of the members of the council constitutes a quorum
for the transaction of business.
(6) The council shall meet at times and places specified by the
call of the chairperson or a majority of the members of the council.
[1971 c.614 §8; 1981 c.545 §7; 1991 c.257 §1]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 may use such portion of moneys made available to it by any
federal agency which may be used for such purposes, including matching
funds, as the department determines are necessary or desirable to carry
out the purposes of ORS 390.950 to 390.989 and 390.995 (2). In addition
to the foregoing, the department may receive and may encourage the
receipt of donated funds or property from individuals, groups or
organizations (including trail users) for specified or nonspecified uses
in connection with the acquisition, development, maintenance and
administration of Oregon recreation trails. The department if it
considers it advisable, may provide under its rules and regulations, for
the use of a portion of any such donated funds received for nonspecified
purposes to grant to an owner of private land adjacent to an Oregon
recreation trail, funds indemnifying such owner for damage clearly caused
to the land of the owner, and property therein, by users of such trail
and which such landowner has not been able to recover from the user
causing such damage. [1971 c.614 §12] 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 and 390.995 (2) shall
be valued at its real market value, less any reduction in value caused by
the easement or the written cooperative agreement, and assessed in
accordance with ORS 308.232. The easement shall be exempt from assessment
and taxation the same as any other property owned by the state. [1971
c.614 §13; 1981 c.804 §100; 1991 c.459 §395]
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 regulations adopted under ORS 390.950 to 390.989 and agreements
made under ORS 390.950 to 390.989. [1971 c.614 §14]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 department by ORS 390.950 to
390.989. [1971 c.614 §16]PENALTIES(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 390.124.
(c) Any rule adopted under ORS 390.340.
(d) ORS 390.729.
(e) Any rule adopted under ORS 390.845.
(2) Notwithstanding any other provision of this section, violation
of any rule adopted under this chapter for the regulation of vehicle
speed in parks, including violations of rules relating to driving
vehicles at a speed greater than a posted speed limit or greater than is
reasonable and prudent, are subject to the same penalties as provided in
ORS 811.109 for violation of a specific speed limit imposed under law or
(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 or issued under ORS 390.610, 390.620 to
390.676, 390.690 and 390.705 to 390.770 shall be subject to a civil
penalty in an amount to be determined by the State Parks and Recreation
Director of not more than $10,000 per day of violation.
(2) In addition to any other penalties provided under subsection
(1) of this section, the State Parks and Recreation Department is vested
with power to obtain injunctions and other appropriate relief against a
person who violates any provisions of ORS 390.610, 390.620 to 390.676,
390.690 and 390.705 to 390.770 or any rule, order or permit adopted or
issued under ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to
390.770. [1999 c.373 §9](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 is guilty of a misdemeanor, and may be
punished by a fine of not more than $500, or by imprisonment not
exceeding six months, or both.
(3) Subject to ORS 153.022, violation of any provision of ORS
390.640 or 390.705, or any rule adopted to carry out the purposes of ORS
390.640 or 390.705, may be punished by a fine of not more than $500, or
by imprisonment not exceeding six months, or both. Each day that a person
violates ORS 390.640 or 390.705 shall be considered a separate offense.
[Subsection (1) of 1999 Edition enacted as 1999 c.373 §17; subsection (2)
of 1999 Edition formerly 390.990(4); 2005 c.300 §5]
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