Or. Admin. R. 736-016-0005

Current through Register Vol. 63, No. 8, August 1, 2024

Section 736-016-0005 - Purpose and Applicability

This division is intended to secure public health and safety, protect park resources and facilities and assist in maintaining facilities and services in instances where a person requests to use state park land or facilities for a non-traditional park use. These special use permit rules:

(1) Allow access to park land for a wide variety of non-traditional park uses by requiring a special use permit if the event or activity, including commercial filming:

(a) Is an organized group activity or event attended by over 50 people; however, groups larger than 50 people that reserve overnight or day use facilities do not require a special use permit under this division unless one or more of the conditions listed in subsections (b) through (i) also exist;

(b) Is an activity associated with a construction project that is not specifically provided for under contract with the department, including contracts related to natural resource projects, placement of utilities, access roads and structures on park land;

(c) Uses park lands, structures or facilities in a manner not expressly provided for under OAR chapter 736, divisions 10, 15, 20 and 21;

(d) Substantially restricts department or public access to or use of park lands, structures or facilities;

(e) Requires placement of structures, facilities, or both, other than those normally used in recreational activities the department traditionally allows on the site;

(f) Could disturb the natural, cultural, scenic or recreational resources on park land;

(g) Could pose a safety concern for other park users or for those involved in the event or activity;

(h) Includes temporary, short-term and non-exclusive vending, advertising or sales activities; or

(i) Includes non-exclusive commercial uses when financial transactions are conducted on park land.

(2) Establish department procedures for considering applications for authorizing non-traditional park uses by special use permit; and

(3) Pertain to all non-traditional park uses as described in section (1) unless otherwise authorized by a contract or other agreement between the department and the person conducting the activity or use.

Or. Admin. R. 736-016-0005

PR 11-1981(Temp), f. & ef. 6-26-81; PR 15-1981, f. & ef. 11-20-81; PR 11-1986, f. & ef. 7-9-86; PR 5-1992, f. & cert. ef. 9-24-92; PRD 7-2012, f. & cert. ef. 10-17-12

Stat. Auth.: ORS 184 & 390.124

Stats. Implemented: ORS 390.111, 390.121 & 390.124