Or. Admin. Code § 736-022-0005

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

Section 736-022-0005 - Policy

(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.

Or. Admin. Code § 736-022-0005

1 OTC 1-1979, f. & ef. 2-8-79; PR 9-1992, f. & cert. ef. 11-12-92; PRD 8-2022, minor correction filed 12/15/2022, effective 12/15/2022

Statutory/Other Authority: ORS 183.545 & 390.678

Statutes/Other Implemented: ORS 390.678