OAR 736-054-0090
Permit Requirements and Authorizations

(1) Any permit issued by the Department under this division is subject to the following restrictions. In addition, the Department may include other restrictions that it determines necessary for compliance with applicable laws and regulations, including ORS 226.640 (Issuance of permit to restore, maintain and preserve abandoned cemetery).
(a) The permittee may not transfer the permit to another entity.
(b) The permit is valid for one year. A permittee may request to renew a permit by following renewal instructions and using forms provided by the Department. The renewal request will require a report and photos of the work completed the previous year.
(c) Work performed under the permit shall be done in compliance with standards and procedural guidelines for restoration and preservation of historic cemeteries provided by the Department.
(d) Work performed under the permit shall follow statutes and rules governing cemeteries.
(e) The permittee must obtain prior approval from the Coordinator for restoration and preservation work performed under the permit that includes major restoration, construction, tree removal, or other significant work.
(f) The permittee must follow all state and local planning and other laws.
(g) The permittee shall train and supervise volunteers, or arrange for their training. Workshops and informational materials are available through the Department.
(h) The permit does not convey land ownership.
(i) The permit does not authorize the permittee to:
(A) Sell burial plots, or
(B) Inter remains in the cemetery.
(j) The permittee must allow access to the historic cemetery according to ORS 376.197 (Way of necessity to historic cemeteries)[SS1] .
(2) Any permit issued by the Department under this division may authorize the following activities:
(a) The permittee may complete general landscape care and clean, level and repair monuments.
(b) The permittee may take custody of cemetery records, for use in restoration, maintenance and preservation of the cemetery, while a permit holder.
(c) Establish a fund to collect donations for the restoration, maintenance and preservation of the cemetery. If the permittee establishes a fund authorized by ORS 226.640 (Issuance of permit to restore, maintain and preserve abandoned cemetery)(2)(c), the fund must be used only for such purposes, and:
(A) The fund shall be established in an FDIC insured financial institution.
(B) The permittee must maintain records of donation collections and fund use for the life of the permit.

Source: Rule 736-054-0090 — Permit Requirements and Authorizations, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=736-054-0090.

Last Updated

Jun. 8, 2021

Rule 736-054-0090’s source at or​.us