Or. Admin. Code § 141-088-0006

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

Section 141-088-0006 - Restrictions or Closures Adopted by the State Land Board

(1) All restrictions or closures by the State Land Board will be promulgated as rules in accordance with ORS 183.310 to 183.410.

(2) The State Land Board will adopt the proposed restriction or closure to public recreational use if the Land Board determines:

(a) That the restriction or closure is necessary to:

(A) Protect human life, health or safety;

(B) Prevent loss of, or damage to property;

(C) Protect natural, historical, cultural 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) in pursuit of identifying and remediating contaminated soil or sediments on state-owned land;

(F) Fulfill an objective of an area management plan developed by the Department; or

(G) Meet other land management objectives or terms of a use authorization; and

(b) That there is no feasible alternative to accomplish that objective without imposition of a restriction or closure.

(3) Restrictions or closures adopted by the State Land Board will be as limited in area, duration and scope as necessary to address the identified need for the restriction or closure.

(4) If the State Land Board adopts a restriction or closure by rule the Department will:

(a) Notify affected local, state and federal government agencies and tribal governments, as well as other interested persons or groups that might be affected by the imposition of restrictions or a closure, or that have indicated that they want to be notified of such actions; and

(b) Post a notice of such proposed public use restrictions or closure at least four weeks before the time that the restrictions or closure is to take effect:

(A) One time in the Public Notices Section of The Oregonian and, if the Director deems appropriate, in another newspaper serving the general area in which the proposed restriction or closure is to occur; and

(B) On the Department's website upon imposition of the restrictions or closure at http://www.oregon.gov/DSL

Or. Admin. Code § 141-088-0006

DSL 5-2009, f. & cert. ef. 6-23-09; DSL 2-2015, f. 5-6-15, cert. ef. 6/1/2015

Stat. Auth.: ORS 183, 273 & 274

Stats. Implemented: ORS 273 & 274