ORS 837.372
Operation over critical infrastructure facility

  • penalty

(1)

As used in this section, “critical infrastructure facility” means any of the following facilities, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if marked with a sign conspicuously posted on the property that indicates that entry is forbidden:

(a)

A petroleum or alumina refinery;

(b)

An electrical power generating facility, substation, switching station or electrical control center;

(c)

A chemical, polymer or rubber manufacturing facility;

(d)

A water intake structure, water treatment facility, wastewater treatment plant or pump station;

(e)

A natural gas compressor station;

(f)

A liquid natural gas terminal or storage facility;

(g)

A telecommunications central switching office;

(h)

A port, railroad switching yard, trucking terminal or other freight transportation facility;

(i)

A gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas;

(j)

A transmission facility used by a federally licensed radio or television station;

(k)

A steelmaking facility that uses an electric arc furnace to make steel;

(L)

A dam that is classified as a high hazard by the Water Resources Department;

(m)

Any portion of an aboveground oil, gas or chemical pipeline that is enclosed by a fence or other physical barrier that is obviously designed to exclude intruders; or

(n)

A correctional facility or law enforcement facility.

(2)

Except as provided in subsection (3) of this section, a person commits a Class A violation if the person intentionally or knowingly:

(a)

Operates an unmanned aircraft system over a critical infrastructure facility at an altitude not higher than 400 feet above ground level; or

(b)

Allows an unmanned aircraft system to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility.

(3)

This section does not apply to:

(a)

The federal government.

(b)

A public body.

(c)

A law enforcement agency.

(d)

A person under contract with or otherwise acting under the direction or on behalf of the federal government, a public body or a law enforcement agency.

(e)

An owner or operator of the critical infrastructure facility.

(f)

A person who has the prior written consent of the owner or operator of the critical infrastructure facility.

(g)

The owner or occupant of the property on which the critical infrastructure facility is located.

(h)

A person who has the prior written consent of the owner or occupant of the property on which the critical infrastructure facility is located.

(i)

A person operating an unmanned aircraft system for commercial purposes in compliance with authorization granted by the Federal Aviation Administration. [2016 c.72 §13]
Note: See note under 837.300 (Definitions).

Source: Section 837.372 — Operation over critical infrastructure facility; penalty, https://www.­oregonlegislature.­gov/bills_laws/ors/ors837.­html.

837.005
Exemptions of certain aircraft from requirements of registration
837.010
Federal pilot certificate required
837.015
Registration of aircraft
837.030
Exhibition of certificate on demand
837.040
Persons required to register aircraft
837.045
Fee schedule
837.050
Transfer of aircraft registration moneys to State Aviation Account
837.055
Assignment of number
837.060
Expiration and renewal of registrations
837.065
Effect of paying aircraft registration fee with worthless check
837.070
Notice of sale of aircraft
837.075
Aircraft dealer’s license
837.080
Prohibited operation of aircraft
837.085
Dropping articles without permit prohibited
837.090
Landings on public highways and grounds prohibited
837.095
Flying over military and naval establishments
837.100
Issuance of citations for violations
837.300
Definitions
837.310
Restrictions
837.320
Authorized use upon issuance of warrant
837.330
Written consent
837.335
Search and rescue
837.340
Investigations of crimes and accidents
837.345
Training
837.350
Restrictions
837.360
Restrictions
837.362
Policies and procedures for use of data
837.365
Weaponized unmanned aircraft systems
837.370
Operation over privately owned premises
837.372
Operation over critical infrastructure facility
837.374
Reckless interference with aircraft
837.375
Interference with an unmanned aircraft system
837.380
Action by owner of real property
837.385
Preemption of local laws regulating unmanned aircraft systems
837.390
Applicability
837.990
Penalties
837.995
Crimes involving unmanned aircraft systems
837.998
Civil penalties
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