Current through Register Vol. 63, No. 9, September 1, 2024
(1) All
Trust and Non-Trust Land under the jurisdiction of the State Land Board and the
Department is open and available for public recreational use provided that such
use:
(a) Is legal under local, state and
federal law;
(b) Is allowed under
the Department's Asset Management Plan;
(c) Does not, due to the nature or duration
of the use, unnecessarily prevent other persons from using the same state-owned
land; and
(d) Does not, as
determined by the State Land Board or the Department:
(A) Substantially interfere with the use of
land by persons holding a written authorization from the Department to use the
subject site(s), parcel(s) or area(s);
(B) Pose a significant risk of harm or damage
to the natural, cultural and archaeological resources of the land or to the
public; or
(C) Substantially
interfere with tribal treaty rights.
(2) Any person may request that the
Department impose restrictions on public recreational use of state-owned land,
or close state-owned land managed by the Department to public recreational use.
A request must be in writing and must clearly state the reasons such a
restriction or closure is necessary.
(3) The Department may also identify
state-owned land on which it believes public recreational use should be
restricted or that should be closed to public recreational use.
(4) Restrictions or closures by the State
Land Board or the Director will be:
(a) Based
on a determination that the action is necessary to:
(A) Protect human life, health or
safety;
(B) Prevent loss of, or
damage to property;
(C) Prevent
loss of, or damage to natural, historical or archaeological
resources;
(D) Prevent damage to
the environment;
(E) Facilitate or
protect a removal or remedial action undertaken by or pursuant to an order
issued by the Oregon Department of Environmental Quality (DEQ) or the United
States Environmental Protection Agency (EPA);
(F) Fulfill an objective of an area
management plan developed by the Department; or
(G) Meet other land management objectives or
terms of any use authorization granted by the Department.
(b) As limited in area, duration and scope as
necessary to address the identified need for the restriction or
closure.
(5) All
restrictions or closures will be promulgated by the State Land Board except
that the Director may impose a restriction or closure when the Director
determines that:
(a) The restriction or
closure is necessary to address an emergency; or
(b) The restriction or closure is necessary
to facilitate or protect a removal or remedial actions undertaken by or
pursuant to an order issued by the Oregon Department of Environmental Quality
(DEQ) or the United States Environmental Protection Agency (EPA).
Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273 &
274
