Current through Register Vol. 63, No. 9, September 1, 2024
(1) To assure safe
public use, protect scenic and recreation values, and conserve marine life and
intertidal resources of the ocean shore, zones shall be established on the
ocean beaches where vehicle use will be restricted or prohibited.
(2) Establishment of zones on beaches where
vehicle use may be restricted or prohibited will be determined after evaluating
the relative significance of public and agency concerns for safety, access,
scenic and recreation values, seashore resources, and beach management:
(a) Safety - The following concerns will be
considered to promote safety for all beach users:
(A) Beach Use - To assure the safety of beach
users, added concern will be given to times and locations of heavy use by the
general public;
(B) Beach Space -
Beach areas that are too limited in usable space to serve both pedestrian and
vehicular uses may be closed to vehicles;
(C) Hazardous Conditions - Beach areas with
restricted visibility or hazardous conditions for vehicular use may be closed
to vehicles;
(D) On-Shore Residents
- Vehicular use on beaches may be restricted or prohibited at times and
locations where the safety of on-shore residents or property has been
significantly affected by such beach use.
(b) Access Concerns - The public need for
vehicular access onto the beaches will be evaluated for each beach and region
of the coast:
(A) Need - The need for
vehicular use on individual beaches will be considered. The availability and
convenience of existing on-shore parking and pedestrian access and facilities
will be a factor in determining the need for vehicular parking or recreational
travel on the beach itself;
(B)
Wood Gathering - Adequate opportunities need to be assured for non-commercial
gathering of wood consistent with the State Beach Log Removal Policy;
(C) Disabled Persons - Adequate opportunities
need to be assured for disabled persons to have reasonable beach access and
use.
(c) Scenic and
Recreation Values - Zones will be established to best utilize and protect the
outstanding scenic and recreation resources of the coast:
(A) Scenic Values - Consideration will be
given to retaining the natural attraction of outstanding scenic features.
Vehicle use on beaches immediately adjoining outstanding public viewpoints or
scenic areas may be restricted;
(B)
Recreation Interests - Evaluation will be made of the public's recreation
interests and priorities at each beach and region of the coast. This will
assist in accommodating a broad variety of beach use interests at the most
logical locations.
(d)
Natural Resources - Adequate protection will be afforded to significant natural
resources at appropriate times and locations:
(A) Intertidal Marine Life - Protection will
be afforded to significant marine garden areas and other marine life which
would be vulnerable due to vehicular access;
(B) Clambeds - Protection will be afforded to
clam propagation needs at significant areas;
(C) Wildlife Habitats - Protection will be
afforded to significant coastal wildlife habitats where protection from
vehicles is required;
(D) Coastal
Vegetation - Protection needs will be evaluated where significant vegetation
requires special protection.
(e) Beach Management - The public services
involved in management of the beaches will be considered:
(A) Management Access - Adequate vehicular
access will be required at some beaches for ocean shore patrols, law
enforcement, control of fires, search and rescue, property protection, and
control of litter and sanitation;
(B) Enforcement - The ability to adequately
enforce vehicle use regulations at the beach will be considered. Where
reasonable control would not be feasible, the beach may be closed to
vehicles;
(C) Public Costs -
Consideration will be given to the costs involved for government to effectively
manage and enforce the beach proposal being evaluated.
(3) Establishment of zones on the
ocean shore where vehicle use is restricted or prohibited will be determined by
the Department of Parks and Recreation after consideration of public input,
consultation with local governments and affected state and federal agencies,
consideration of the above standards, and the provisions set forth in ORS
390.678.
(4) The above standards shall not apply to
proceedings to establish a zone that were commenced prior to the effective date
of this rule.
