OAR 736-009-0022
Establishing Oregon Regional Trails
(1)
Oregon Regional Trails may be comprised of recreational trails that provide connections to communities, recreation sites or trail systems, and close-to-home recreational opportunities.(2)
Oregon Regional Trails may be linear, loop, or a combination of linear and loop routes that connect communities or recreation sites and shall generally meet these criteria:(a)
Regional Trails connect communities or recreation resources to the extent possible.(b)
Regional Trails should be a minimum of five (5) miles in length.(3)
Pursuant to ORS 390.962 (Criteria for establishing trails)(1), an Oregon Regional 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)
Evaluation of Applications(a)
To be considered as an Oregon Regional Trail, a proponent must submit to the department a complete Oregon Regional Trail Application form in the format specified by the department, including a detailed Trail Management Plan.(b)
The department will review each Oregon Regional Trail proposal for completeness, including whether the application adequately addressees 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 routetrail.(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 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)
Emphasis on connections to communities, recreation sites, or trail systems, and close-to-home recreational opportunities.(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 Regional Trail.(5)
Designation Process:(a)
The council shall provide each recommendation for designation as an Oregon Regional 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 submit the council’s recommendation to the commission for approval or denial of the proposed Oregon Regional Trail or request that the council provide further consideration of issues presented in the public meeting.(6)
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 Regional Trail standards.(b)
The department shall evaluate each Oregon Regional 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 Regional Trail designation when or if the trail no longer meets the criteria.(c)
Signing and Publication of Oregon Regional 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 Regional Trail.(B)
The department will publish on its web page and make available standardized route maps for all Oregon Regional Trails.
Source:
Rule 736-009-0022 — Establishing Oregon Regional Trails, https://secure.sos.state.or.us/oard/view.action?ruleNumber=736-009-0022.