Current through Register Vol. 63, No. 9, September 1, 2024
(1) Purpose. The
purpose of this rule is to provide guidance for honoring individuals, groups,
or events that are of exceptional significance to Oregon or to the history of
the nation, while respecting existing features and aesthetics of the State
Capitol State Park and the Capitol Mall area, as well as the values of
Oregonians, in general.
(2)
Recognitions and honorary features may include installations of plantings,
traditional park amenities, or features that are consistent with the
department's State Capitol State Park Comprehensive Plan.
(3) Application and Approval Process.
(a) Persons interested in sponsoring
recognitions or honorary feature shall make application to the director in a
manner prescribed by the department.
(b) The application shall indicate how the
proposal meets the criteria listed in section (4).
(c) The department will review and evaluate
the application and coordinate with the applicant to obtain any additional
information that the department may require to adequately review the
proposal.
(d) The director shall
determine whether the department deems a proposal significant or minor, taking
into consideration the design, size, scope, location, construction process, and
infrastructure needs of the proposal.
(e) The department will appoint a department
liaison to the applicant for significant proposals. The liaison will assist the
applicant with preliminary design and the review process.
(f) The application shall provide an
identified estimate of costs and funding sources for design, construction,
regular maintenance, and repair of the proposed feature.
(g) For significant proposals, the Assistant
Director, Heritage Programs will convene a review committee that may be
comprised of a representative of the State Capitol Foundation, Governor's
Office, Legislative Administrative Committee, Capitol Planning Commission, City
of Salem, a citizen at large, and at least one representative of an agency
whose offices are located on the Capitol Mall. The review committee shall
provide an opportunity to consider input from the public. It will review
significant proposals to assess their compliance with criteria and objectives
prescribed in this rule and make a recommendation to the director for further
action that may include suggestions for changes to the design or
location.
(h) Upon receiving a
positive recommendation from the review committee, the director will present
the proposal to the State Parks and Recreation Commission for consideration and
possible approval.
(i) The
department accepts no responsibility for any expenditure incurred by the
applicant prior to approval by the Commission or subsequently. Construction or
installation may not begin until the Commission grants approval and the
applicant has obtained all necessary state and local permits.
(j) For minor proposals to place recognitions
or honorary features consisting of small plantings, benches and other small
installations that are consistent with the State Capitol State Park
Comprehensive Plan, the director may consider and approve or deny such requests
without further review or approval.
(4) Criteria for Recognitions and Honorary
Features.
(a) The subject of the recognition
shall be widely known and appreciated for great contributions and significance
to the state of Oregon, the history of the nation, or both;
(b) The subject of the recognition, if a
person, shall have been deceased for at least ten years, and if an event, shall
have occurred at least ten years prior;
(c) The proposed feature shall enhance the
aesthetics of the park and shall be consistent with the adopted State Capitol
State Park Comprehensive Plan;
(d)
The proposed feature shall not:
(A) Be located
in the open, grassy areas of the Central Mall and Willson Park ovals;
(B) Disturb major trees and
plantings;
(C) interfere with
traffic flows or sightlines; or
(D)
Disturb other installations and structures;
(e) There shall be demonstrated, statewide,
public support for the recognition or honorary feature;
(f) There shall be specific, valid reasons
why other venues, that have been carefully explored, were not a suitable
alternative location.
(g) The
proposed feature shall not create unmitigated or significant additional
liability; repair and maintenance cost; or safety and security concern, for the
department;
(5) Costs.
All expenses for design, fabrication, and installation shall be borne by the
applicant. The department shall assist the applicant to determine the
requirements for installation. Prior to installation, the applicant shall
provide for deposit in the Recognition and Honorary Feature Maintenance Trust
Fund an amount equal to 15 percent of the project replacement value to be
expended for maintenance and repair of recognitions and honorary features in
the State Capitol State Park.
(6)
Design Approval and Installation.
(a) The
department must approve the final design of the project. The proposed feature
must meet all applicable codes and standards.
(b) For projects constructed and installed by
the applicant, the department will assign a project manager to provide
construction inspection and oversight. The applicant is responsible for
acquiring all necessary permits prior to construction.
(c) For projects constructed and installed by
the department on behalf of the applicant, the applicant shall reimburse the
department for the costs of bid preparation, contracting services, permits,
construction inspection and project management oversight.
(d) The applicant shall remain responsible
and liable for the project until it is accepted in writing by the
department.
(7)
Recognitions and honorary features shall become the sole property of the
department.
(8) The department
shall maintain a registry of existing and future recognitions and honorary
features in the agency's asset records.
(9) Maintenance.
(a) The department shall establish a
Recognition and Honorary Feature Trust Fund from funds provided by applicants
and donations. The fund shall be used to defray the costs of maintenance and
repair of recognitions and honorary features in the State Capitol State
Park.
(b) The department may
relocate or remove existing recognitions or honorary features, if determined
necessary. The department will consult a review committee prior to relocation
or removal.
(c) If living
recognitions or honorary features such as trees or plantings die, are damaged,
or present a hazard to the public or adjacent buildings or structures, the
department may remove or replace them at its discretion. If plaques or
recognition items are associated with the removed trees or plantings, they will
be offered first if possible to the family of the individual recognized, or
secondarily, to the State Capitol Foundation for archiving.
Stat. Auth.: ORS
390.050,
390.121 &
390.124
Stats. Implemented: ORS
390.111
