Scenic Waterways

ORS 390.962
Criteria for establishing trails

  • location
  • statutes authorizing trails for motorized vehicles unaffected

(1)

Upon finding that such trails will meet the criteria established 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) and such supplementary criteria as the State Parks and Recreation Department may prescribe, the department is encouraged and empowered to establish and designate Oregon recreation trails:

(a)

Over lands owned by the State of Oregon, by the federal government or by any county, municipality or other local governmental body, with the consent of the state agency, federal agency, county, municipality or other local governmental body having jurisdiction over the lands involved; or

(b)

Over lands owned by private persons, in the manner 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).

(2)

In establishing such trails, the department shall give special recognition to the need for the establishment of recreation trails in or near, or reasonably accessible to, urban areas. Upon the establishment of any such trail, the department shall designate the primary kind of trail it is to be, based upon the mode or modes of travel to be permitted on such trail, including one or more of the following:

(a)

Footpath.

(b)

Horseback riding trail.

(c)

Bicycle path.

(3)

Nothing 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) affects any other statute authorizing trails for motorized vehicles which is not inconsistent with 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). [1971 c.614 §5]
Source

Last accessed
Jun. 26, 2021

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