OAR 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).

Source: Rule 141-088-0004 — General Provisions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=141-088-0004.

141‑088‑0000
Purpose and Applicability 141‑088‑0002
Definitions 141‑088‑0004
General Provisions 141‑088‑0005
Restriction or Closure Request and Review Process 141‑088‑0006
Restrictions or Closures Adopted by the State Land Board 141‑088‑0007
Restrictions or Closures Imposed by the Director to Address an Emergency 141‑088‑0008
Restrictions or Closures Imposed by the Director to Facilitate or Protect Removal or Remedial Actions 141‑088‑0009
Unauthorized Uses and Penalties 141‑088‑0010
Restrictions for the State-Owned Property at Dibblee Point (Columbia River) 141‑088‑0020
Restrictions for the State-Owned Banks of the McKenzie River Bar 141‑088‑0035
Restrictions for the State-Owned Banks of the Sandy River 141‑088‑0040
Restrictions for the State-Owned Banks of the Columbia River in the Vicinity of Dodson and Warrendale 141‑088‑0050
Restrictions for the State-Owned Banks of the Chetco River 141‑088‑0055
Restrictions on Use of Motorized Vehicles in the State-Owned Bed and Banks of the Chetco River 141‑088‑0060
Restrictions for the State-Owned Banks of the Willamette River in the Vicinity of Wheatland Bar Island and Willamette Mission State Park and Adjacent Upland 141‑088‑0070
Restrictions for the State-Owned Bed and Banks of the Willamette River in the Vicinity of the Former McCormick-Baxter Plant 141‑088‑0080
Restrictions for the State-Owned Banks of the Columbia River in the Vicinity of the Gary Island 141‑088‑0090
Closure of Sand Lake Estuary 141‑088‑0100
Closure of Siltcoos River Estuary 141‑088‑0110
Closure of Tenmile Creek Estuary 141‑088‑0120
Closure of Tahkenitch Creek Estuary 141‑088‑0130
Closure of Berry Creek Estuary 141‑088‑0140
Closure of Sutton Creek Estuary 141‑088‑0150
Closure of Twomile Creek Estuary 141‑088‑0160
Closure of New River, Floras Creek and Fourmile Creek 141‑088‑0170
Closure of Euchre Creek Estuary 141‑088‑0180
Closure of Pistol River Estuary 141‑088‑0190
Restrictions for the State-Owned Property at Jones Beach (Columbia River) 141‑088‑0195
Restrictions for the State-Owned Property at Stevens Road 141‑088‑0200
Restrictions for the State-Owned Property on the West Half of Juniper Canyon Parcel 141‑088‑0205
Restrictions for the State-Owned Property on the South Redmond Parcel 141‑088‑0210
Restrictions for the State-Owned Banks and Islands of the Willamette River within the city of Eugene 141‑088‑0220
Restrictions for the State-Owned Banks and Islands of the Willamette River within the boundaries of Swan Island inside the city limits of Portland 141‑088‑0230
Restrictions for the State-Owned Property of the Columbia River and Oregon Slough
Last Updated

Jun. 8, 2021

Rule 141-088-0004’s source at or​.us