Current through Register Vol. 63, No. 9, September 1, 2024
(1)
Permits Required: A Person must obtain a permit from the Forester to sponsor,
promote or conduct any Sponsored Event on State Forest Land.
(2) The Forester may issue a permit for a
Sponsored Event when the following requirements are satisfied:
(a) Adequate sanitation, policing, medical
facilities, traffic control and other necessary services are
provided;
(b) Conflict with
traditional recreation activities is minimized;
(c) All expenses, risks, and liabilities are
borne by the Sponsors rather than the general public or the
Department;
(d) The health,
well-being, and personal property of forest users, Persons, neighboring
landowners and of the general public are protected; and
(e) Damage to forest resources or
improvements is negligible or is reasonably mitigated.
(3) Permit Application Procedure: A Person
requesting a permit for a Sponsored Event must complete and submit a permit
application including the following information to the Forester at least 60
days prior to the date of the proposed event:
(a) Date of the event;
(b) A map of the proposed event
area;
(c) Estimated total and peak
attendance at the proposed event;
(d) Estimated total and peak demand for
parking at the proposed event;
(e)
Name, address, date of birth and phone number of the Sponsor;
(f) Description of the planned
activities;
(g) A plan for timely
clean-up, and proposed mitigation and restoration activities to ensure
potential damage to forest resources or improvements is negligible;
and
(h) Additional information the
Forester deems necessary.
(4) Compliance With Other Rules: All
activities must comply with applicable state and local codes, rules, and
ordinances. Additional state and local permits required must be obtained by the
Sponsor prior to the beginning of the activity.
(5) Approval or Denial of Permits: The
Forester may approve, with conditions, or deny the permit application
consistent with the policies set forth in these Division rules. The following
must be considered in evaluating the permit applications:
(a) The ability of the Sponsor to finance,
plan and manage the proposed activity in accordance with sanitation, safety,
medical care, fire control, security, crowd, noise, and traffic control
requirements, and in a manner consistent with the protection of forest
resources or improvements;
(b) The
extent to which the proposed activity, in both nature and timing, threatens
interference with traditional recreational use or interferes with the
convenience of neighboring landowners and the general public;
(c) The experience of the Sponsor in
performing similar activities in the past; and
(d) Measures undertaken to mitigate any
changes in traditional recreational use or damage to forest resources or
improvements caused by the activity.
(6) Revocation of Permit: The Forester may
revoke the permit effective immediately upon notice to the applicant in the
event of any emergency, significant law enforcement problem, substantial threat
to public welfare, safety or property arising from or likely to affect the
activity, or upon any breach of permit conditions. The applicant must terminate
the activity immediately upon receipt of notice from the Forester that the
permit has been revoked. The Forester may refund, in whole or in part, the
permit fee if a permit is revoked in accordance with this subsection only if
such amount is not necessary to reimburse the Department for its reasonable and
necessary costs related to administration, monitoring, or enforcement
activities taken up to and through date of permit revocation.
(7) Permit Modification: The Forester may
amend a Sponsored Event permit with the Sponsor's consent.
(8) Miscellaneous Provisions: An application
for a Sponsored Event will only be considered by the Forester if:
(a) The Sponsor or its principal
representative is at least 18 years of age; and
(b) The Sponsor or sponsor-organization has
satisfied all outstanding liabilities and requirements arising out of any prior
activity involving property under the jurisdiction of the Forester.
(9) Assignments: A permit is not
transferrable and may not be assigned to any other Person without prior written
approval of the Forester.
(10)
Fees:
(a) Application Fee: The Forester may
require a Sponsor to pay an application fee of $150 for the processing and
review of a Sponsored Event permit, which is refundable only if the application
is withdrawn prior to any review of the application by the Department.
(b) Monitoring and Enforcement
Fee:
(A) A Sponsor must pay a monitoring and
enforcement fee when, at the Forester's sole discretion, the Forester deems
Department personnel are required to undertake monitoring and enforcement of
the permit conditions to protect the public, or forest resources or
improvements. Situations that may require enforcement and monitoring personnel
include, but are not limited to:
(i)
Activities involving open fire;
(ii) Activities spanning large spatial
areas;
(iii) Activities involving
the consumption of alcohol;
(iv)
Activities requiring traffic controls; or
(v) Other activities posing significant risk
to public or forest resource or improvement safety.
(B) The fee for monitoring and enforcement
shall be billed at the actual hourly overtime rate for the assigned Department
personnel at the time of the event. The Sponsor shall be responsible for all
fees associated with monitoring and enforcement, including travel time of
Department personnel to and from the site.
Stat. Auth.: ORS
530.050
Stats. Implemented: ORS
530.010 -
530.040
