Scenic Waterways

ORS 390.965
Hearing required

  • information to be considered


The State Parks and Recreation Department may establish trails after public meetings in the areas of the state where trails are planned and only in accordance with the following criteria:


Emphasis shall be given to the development of trails across public lands.


No trails shall cross private land occupied by a residential dwelling, or upon which a residential dwelling is under construction, within 300 feet of such residential dwelling, without the consent of the owner.


Trails shall be selected to minimize the adverse effects on adjacent landowners or users and their operations.


Development and management of trails shall be designed to harmonize with and complement any established forest, agricultural, or other use plan that is compatible with the purposes of 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).


Before establishing a trail the department shall consider at a public meeting the following information:


The proposed route of such trail (including maps and illustrations) and the recommended mode or modes of travel to be permitted thereon;


The areas adjacent to such trails, to be utilized for scenic, historic, natural, cultural or developmental purposes;


The characteristics that, in the judgment of the department, make the proposed trail suitable as an Oregon recreation trail;


The current status of land ownership and current and potential use along the designated route;


The estimated cost of acquisition of lands or interest in lands, if any;


The plans for developing and maintaining the trail and the cost thereof;


Any anticipated problems of policing the use of such trail and any anticipated hazards to the use of any privately owned lands adjacent to such trail; and


The extent to which the state or its political subdivisions and public and private organizations might reasonably be expected to participate in acquiring the necessary lands and in the administration thereof. [1971 c.614 §6]


Last accessed
Jun. 26, 2021