Oregon Parks and Recreation Department

Rule Rule 736-009-0021
Establishing Oregon Scenic Trails


Pursuant to ORS 390.962 (Criteria for establishing trails)(1), the department prescribes the criteria for the designation of Oregon Scenic Trails in this rule in addition to those provided in the Oregon Recreation Trails System Act, ORS 390.950 (Short title) to 390.989 (Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989) and 390.995 (Criminal penalties)(2).

(1)

Oregon Scenic Trails will be comprised of routes that provide access to national, state, or regional resources of superlative quality and scenic splendor.

(2)

Oregon Scenic Trails may be linear, loop, or a combination of linear and loop routes and shall generally meet these criteria:

(a)

Scenic Trails will connect to other trails to the extent possible.

(b)

Scenic Trails should be a minimum of one (1) mile in length.

(3)

Pursuant to ORS 390.962 (Criteria for establishing trails)(1), an Oregon Scenic Trail may be located:

(a)

Over public land with the consent of each governmental entity having jurisdiction over the lands designated; or

(b)

Over privately-owned lands in the manner of and subject to the limitations provided in ORS 390.950 (Short title) to 390.989 (Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989) and 390.995 (Criminal penalties)(2).

(4)

Until January 2, 2025, the council will annually review and provide input on investment priorities for department bicycle and pedestrian projects on signature, scenic or recreation trails proposed under requirements of 2019 OL Chapter 491 Section 28.
(a) Bicycle and pedestrian transportation projects may include improving walking and bicycling access in areas where no connection exists, transportation options are limited or significant safety concerns are addressed by the improvement.

(b)

One member of the council shall be a member of the Oregon Bicycle and Pedestrian Advisory Committee created in ORS 362.112.

(5)

Evaluation of Applications

(a)

To be considered as an Oregon Scenic Trail, a proponent must submit to the department a complete Oregon Scenic Trail Application form in the format specified by the department, including a detailed Trail Management Plan.

(b)

The department will review each Oregon Scenic Trail application for completeness and eligibility, including whether the application adequately addresses the considerations provided in ORS 390.965 (Hearing required)(2). The department will provide all complete, eligible applications to the council. Incomplete or ineligible applications will be returned to the proponents with an explanation of the deficiencies.

(c)

The council will consider trails for designation based on the criteria provided in sections (1) to (3) of this rule and the Oregon Recreation Trails System Act, ORS 390.950 (Short title) to 390.989 (Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989) and 390.995 (Criminal penalties)(2).

(d)

The council or designee shall conduct a field review of the proposed trail.

(e)

The council shall score the trail against criteria established in the Oregon Recreation Trails System Act, ORS 390.950 (Short title) through 390.989 (Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989) and 390.995 (Criminal penalties), and in this rule, including but not limited to:

(A)

Emphasis on use of public lands,

(B)

Minimizing adverse effects on adjacent landowners,

(C)

Harmony with and complement to established forest, agricultural, or other use plans, and

(D)

Any natural features, agriculture, forest, unusual or unique landforms, vegetation, water components, scenic beauty and interest, as well as amenities available to the route.

(f)

Based on the application, field review, and scoring, the council shall determine if the trail qualifies to be recommended for designation as an Oregon Scenic Trail.

(g)

If the council does not recommend designating the route as an Oregon Scenic Trail, it shall provide comments and recommendations to the proponent. The proponent may reapply to the council only after fully addressing the recommendations of the council.

(6)

Designation Process:

(a)

The council shall provide each recommendation for designation as an Oregon Scenic Trail to the director.

(b)

The department shall hold public meetings on the recommended designation as provided in ORS 390.965 (Hearing required)(1).

(c)

After the public meetings required in subsection (b), the director shall either:

(A)

Submit the council’s recommendation to the commission for approval or denial of the proposed Oregon Scenic Trail; or

(B)

Request that the council provide further consideration of issues presented in the public meeting.

(7)

Trail Management:

(a)

The department will enter into written cooperative agreements with landowners, federal agencies, other state agencies, local governments, private organizations and individuals as necessary to ensure that the development, signing, operation, maintenance, location or relocation of the trail meet the Oregon Scenic Trail standards.

(b)

The department shall evaluate each Oregon Scenic Trail at least once every five years. The department will provide the council an evaluation and inventory of the trail features. Upon review, the council may recommend:

(A)

The trail be improved to meet the standards of state designation; or

(B)

Removal of Oregon Scenic Trails designation when or if the trail no longer meets the criteria.

(c)

Signing and Publication of Oregon Scenic Trails.

(A)

Consistent with the requirements of ORS 390.959 (Composition of trails system), the department will establish sign standards and coordinate sign placement for each trail the commission designates as an Oregon Scenic Trail.

(B)

The department will publish on its web page and make available standardized route maps for all Oregon Scenic Trails.
Source

Last accessed
Jun. 8, 2021