Or. Admin. Code § 141-088-0004

Current through Register Vol. 63, No. 10, October 1, 2024

Section 141-088-0004 - General Provisions

(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).

Or. Admin. Code § 141-088-0004

DSL 5-2009, f. & cert. ef. 6-23-09

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 273 & 274