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State
Oregon Regulations
CHAP 141 DIVISION 88 PUBLIC RECREATIONAL USE OF STATE-OWNED PROPERTY


The Oregon Administrative Rules contain OARs filed through July 14, 2006

DEPARTMENT OF STATE LANDS


DIVISION 88
PUBLIC RECREATIONAL USE OF STATE-OWNED PROPERTY

141-088-0000

General Provisions

(1) Legally accessible land (including state-owned submerged and submersible land) under the jurisdiction of the State Land Board and the Department of State Lands (Department) shall remain available and open to public recreational use provided that such use:

(a) Is lawful under local, state and federal law and

(b) As determined by the Director:

(A) Does not substantially interfere with the use of land by persons holding a written authorization from the Department for the land area including leases, easements, and temporary use permits; and

(B) Does not pose a significant risk of danger to the natural and/or cultural resources of the land and/or public health and safety.

(2) For the purposes of this division:

(a) "Public Recreational Use" means casual recreational activities including hunting, fishing, sightseeing, wildlife observation, hiking, boating, swimming, camping and picnicking.

(b) "Person" means an individual, political subdivision, public agency, corporation, association, firm, partnership, joint stock company, or quasi-public corporation registered to do business in Oregon.

(3) Closures or restrictions shall be:

(a) Based on a determination by the State Land Board that the action is necessary to protect the land, related natural or cultural resources, or public health or safety;

(b) For as specific an area or activity as possible;

(c) For as short a duration as possible;

(d) Commensurate with the identified problem;

(e) Promulgated in compliance with ORS 183.310 to 183.510 including that for permanent rulemaking at least one (1) public hearing will be held in the geographical area(s) of the subject land(s) at a place convenient to the residents in that area;

(f) Published following adoption by the State Land Board, at least one time in a newspaper of general circulation in the geographic area(s) of the subject land(s); and

(g) To the extent possible, noticed through signs describing the restriction or closure and placed on or near the subject land(s).

(4) In addition to any other liability or penalty provided by law, a person that violates any closure or restriction in this division may be subject to citation and conviction for criminal trespass.

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 9-1998, f. & cert. ef. 10-15-98; DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0010

Restrictions for the State-Owned Property at Dibblee Point (Columbia River)

All state-owned land that is under the jurisdiction of the Department in the area known as Dibblee Point or Slaughters Bar, between Columbia River Mile 64.0 and Columbia River Mile 66.0, lying between the Burlington Northern Railroad and the left bank of the Columbia River, west of the Longview Rainier Bridge, in Sections 1 and 12, Township 7 North, Range 3 West, and Sections 7 and 8, Township 7 North, Range 2 West, Willamette Meridian, in Columbia County, Oregon, is closed to all uses between 10 p.m. and 5 a.m.

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist: LB 4-1988(Temp), f. & cert. ef. 11-7-88; LB 3-1989, f. & cert. ef. 5-18-89; DSL 5-1998(Temp), f. & cert. ef. 5-4-98 thru 10-28-98; administrative correction 8-5-99; DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0020

Restrictions for the State-Owned Banks of the McKenzie River Bar

All state-owned land that is under the jurisdiction of the Department between the line of ordinary high water and line of ordinary low water along the north bank of the McKenzie River across from Armitage State Park, between River Mile 6.5 and River Mile 7.2, located in Sections 9 and 10, Township 17 South, Range 3 West, Willamette Meridian, in Lane County, Oregon, is closed to overnight camping and motor vehicles, except watercraft, between 10 p.m. and 5 a.m.

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: LB 9-1991(Temp), f. 9-13-91, cert. ef. 11-1-91; LB 1-1992, f. & cert. ef. 3-9-92; DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0035

Restrictions for the State-Owned Banks of the Sandy River

All state-owned land that is under the jurisdiction of the Department that is between the line of ordinary high water and the line of ordinary low water and on river islands on the Sandy River from River Mile 0.0 to 37.5 is closed to:

(1) All uses between 10 p.m. and 5 a.m. throughout the year, and

(2) Open fires at any time beginning May 1 and ending November 1 of every year.

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0040

Restrictions for the State-Owned Banks of the Columbia River in the Vicinity of Dodson and Warrendale

All state-owned land that is under the jurisdiction of the Department in the vicinity of Dodson to Warrendale that is between the line of ordinary high water and the line of ordinary low water on the Columbia River from River Mile 139.5 to 142.5 is closed to:

(1) All uses between 10 p.m. and 5 a.m. throughout the year, and

(2) Open fires at any time beginning May 1 and ending November 1 of every year.

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0050

Restrictions for the State-Owned Banks of the Chetco River

All state-owned land that is under the jurisdiction of the Department that is between the line of ordinary high water and the line of ordinary low water on the Chetco River from the Highway 101 Bridge to River Mile 11 (about one mile upstream from the mouth of Elk Creek) is closed to:

(1) All uses between 10 p.m. and 5 a.m. throughout the year, and

(2) Open fires at any time beginning May 1 and ending November 1 of every year, unless a longer period is ordered by the Coos Forest Protective Association.

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0060

Restrictions for the State-Owned Banks of the Willamette River in the Vicinity of Wheatland Bar Island and Willamette Mission State Park and Adjacent Upland

All state-owned land that is under the jurisdiction of the Department that is between the line of ordinary high water and the line of ordinary low water on the Willamette River, and all state-owned upland that is managed by the Department that is also in the vicinity of, or that comprises Wheatland Island or Willamette Mission State Park is closed to:

(1) All uses between 10 PM and 5 AM throughout the year,

(2) Open fires at any time beginning May 1 and ending November 1 of every year, and

(3) All-terrain vehicles or other motorized vehicle uses except for those involved in the loading or unloading of recreational watercraft and parking during allowable use periods (i.e, 5 A.M to 10 P.M.).

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0070

Restrictions for the State-Owned Bed and Banks of the Willamette River in the Vicinity of the Former McCormick-Baxter Plant

All state-owned land that is under the jurisdiction of the Department that is on the north side of the Willamette River at about River Mile 7 and fronting and abutting the site of the former McCormick-Baxter Plant, the Burlington Northern Bridge, and Willamette Cove as described in easement EA-31530 is temporarily closed to all public uses during the construction period while a sand cap is being placed over contaminated sediments.

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0080

Restrictions for the State-Owned Banks of the Columbia River in the Vicinity of the Gary Island

All state-owned land that is under the jurisdiction of the Department that is between the line of ordinary high water and the line of ordinary low water on the south bank of the Columbia River in the vicinity of Gary Island between River Mile 123.5 and 124.5 is closed to any use without prior written authorization from the Department.

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0090

Closure of Sand Lake Estuary

(1) All submerged and submersible land under the jurisdiction of the Department below Head of Tide within the Sand Lake estuary is closed to any and all use by motor vehicles. Excepted from the estuary closure are Government-owned vehicles on official business, motor or non-motorized boats, vehicles used in the launching of boats at designated launching sites, public and private utility vehicles performing company business, vehicles involved in rescue or emergency activities, and vehicles engaged in repair of fences and placement of bank protection material.

(2) Head of Tide means the inland-most extent of tidal influence as measured by an increase in water surface level at Mean High Tide (Mean Lower Low Water Datum).

(3) The elevation of Mean High Tide corresponds to a tide stage of 7.5 feet (Mean Lower Low Water Datum). The Head of Tide in the Sand Lake estuary extends to the upper limit of the lake. (Sections 19, 20, 29, 30, 31 and 32 of Township 3 South, Range 10 West, Willamette Meridian.)

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0100

Closure of Siltcoos River Estuary

(1) All submerged and submersible land under the jurisdiction of the Department below Head of Tide within the Siltcoos River estuary is closed to any and all use by motor vehicles. Excepted from the estuary closure are Government-owned vehicles on official business, motor or non-motorized boats, vehicles used in the launching of boats at designated launching sites, public and private utility vehicles performing company business, vehicles involved in rescue or emergency activities, and vehicles engaged in repair of fences and placement of bank protection material.

(2) Head of Tide means the inland-most extent of tidal influence as measured by an increase in water surface level at Mean High Tide (Mean Lower Low Water Datum).

(3) The elevation of Mean High Tide corresponds to a tide state of about 6.5 feet (Mean Lower Low Water Datum). The location of Head of Tide in the Siltcoos River estuary is approximately River Mile 3, at the Siltcoos Lake Outlet (Sections 32, 33, and 34 of Township 19 South, Range 12 West, Willamette Meridian).

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-00110

Closure of Tenmile Creek Estuary

(1) All submerged and submersible land under the jurisdiction of the Department below Head of Tide within the Tenmile Creek estuary is closed to any and all use by motor vehicles. Excepted from the estuary closure are Government-owned vehicles on official business, motor or non-motorized boats, vehicles used in the launching of boats at designated launching sites, public and private utility vehicles performing company business, vehicles involved in rescue or emergency activities, and vehicles engaged in repair of fences and placement of bank protection material.

(2) Head of Tide means the inland-most extent of tidal influence as measured by an increase in water surface level at Mean High Tide (Mean Lower Low Water Datum).

(3) The elevation of Mean High Tide corresponds to a tide stage of about 6.5 feet (Mean Lower Low Water Datum). The location of Head of Tide in the Tenmile Creek estuary is approximately River mile1.1, at the Tenmile Lake Outlet (Sections 22, 23, and 14 of Township 23 South, Range 13 West, Willamette Meridian).

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0120

Closure of Tahkenitch Creek Estuary

(1) All submerged and submersible land under the jurisdiction of the Department below Head of Tide within the Tahkenitch Creek estuary is closed to any and all use by motor vehicles. Excepted from the estuary closure are Government-owned vehicles on official business, motor or non-motorized boats, vehicles used in the launching of boats at designated launching sites, public and private utility vehicles performing company business, vehicles involved in rescue or emergency activities and vehicles engaged in repair of fences and placement of bank protection material.

(2) Head of Tide means the inland-most extent of tidal influence as measured by an increase in water surface level at Mean High Tide (Mean Lower Low Water Datum).

(3) The elevation of Mean High Tide corresponds to a tide stage of about 6.5 feet (Mean Lower Low Water Datum). The location of Head of Tide in the Tahkenitch Creek estuary is approximately River Mile 1.2 at the Tahkenitch Creek Outlet (Sections 19 and 20, Township 20 South, Range 12 West, Willamette Meridian).

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0130

Closure of Berry Creek Estuary

(1) All submerged and submersible land under the jurisdiction of the Department below Head of Tide within the Berry Creek estuary is closed to any and all use by motor vehicles. Excepted from the estuary closure are government-owned vehicles on official business, motor or non-motorized boats, vehicles used in the launching of boats at designated launching sites, public and private utility vehicles performing company business, vehicles involved in rescue or emergency activities, and vehicles engaged in repair of fences and placement of bank protection material.

(2) Head of Tide means the inland-most extent of tidal influence as measured by an increase in water surface level at Mean High Tide (Mean Lower Low Water Datum).

(3) The elevation of the Mean High Tide corresponds to a tide stage of about 6.3 feet (Mean Lower Low Water Datum). The location of Head of Tide on Berry Creek is approximately the same as the line of Mean High Tide on the beach.

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0140

Closure of Sutton Creek Estuary

(1) All submerged and submersible land under the jurisdiction of the Department below Head of Tide within the Sutton Creek estuary is closed to any and all use by motor vehicles. Excepted from the estuary closure are government-owned vehicles on official business, motor or non-motorized boats, vehicles used in the launching of boats at designated launching sites, public and private utility vehicles performing company business, vehicles involved in rescue or emergency activities, and vehicles engaged in repair of fences and placement of bank protection material.

(2) Head of Tide means the inland-most extent of tidal influence as measured by an increase in water surface level at Mean High Tide (Mean Lower Low Water Datum).

(3) The elevation of Mean High Tide corresponds to a tide stage of about 6.5 feet, (Mean Lower Low Water Datum). The location of Head of Tide on Sutton Creek is approximately River mile 0.4 (Section 28, Township 17 South, Range 12 West, Willamette Meridian).

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0150

Closure of Twomile Creek Estuary

(1) All submerged and submersible land under the jurisdiction of the Department below Head of Tide within the Twomile Creek estuary is closed to any and all use by motor vehicles. Excepted from the estuary closure are government-owned vehicles on official business, motor or non-motorized boats, vehicles used in the launching of boats at designated launching sites, public and private utility vehicles performing company business, vehicles involved in rescue or emergency activities, and vehicles engaged in repair of fences and placement of bank protection material.

(2) Head of Tide means the inland-most extent of tidal influence as measured by an increase in water surface level at Mean High Tide (Mean Lower Low Water Datum).

(3) The elevation of Mean High Tide corresponds to a tide stage of about 6.3 feet, (Mean Lower Low Water Datum). The location of Head of Tide on Twomile Creek is approximately River Mile 0.6 (Section 13, Township 29 South, Range 14 West, Willamette Meridian).

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0160

Closure of New River, Floras Creek and Fourmile Creek

(1) All submerged and submersible land under the jurisdiction of the Department below Head of Tide within New River and its tributaries, Fourmile Creek and Floras Creek, is closed to any and all use by motor vehicles. Excepted from the closure are government-owned vehicles on official business, motor or non-motorized boats, vehicles used in the launching of boats at designated launching sites, public and private utility vehicles performing company business, vehicles involved in rescue or emergency activities, and vehicles engaged in repair of fences and placement of bank protection material.

(2) Head of Tide means the inland-most extent of tidal influence as measured by an increase in water surface level at Mean High Tide (Mean Lower Low Water Datum).

(a) The elevation of Mean High Tide corresponds to a tide stage of about 6.3 feet (Mean Lower Low Water Datum).

(b) The Head of Tide in New River is approximately River Mile 3.1 (Section 15, Township 30 South, Range 15 West, Willamette Meridian).

(c) The location of Head of Tide in Fourmile Creek is approximately River Mile 0.7 (Section 2, Township 30 South, Range 15 West, Willamette Meridian).

(d) The location of Head of Tide in Floras Creek is approximately River Mile 0.2 (Section 5, Township 31 South, Range 15 West, Willamette Meridian).

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0170

Closure of Euchre Creek Estuary

(1) All submerged and submersible land under the jurisdiction of the Department below Head of Tide within the Euchre Creek estuary is closed to any and all use by motor vehicles. Excepted from the closure are government-owned vehicles on official business, motor or non-motorized boats, vehicles used in the launching of boats at designated launching sites, public and private utility vehicles performing company business, vehicles involved in rescue or emergency activities, and vehicles engaged in repair of fences and placement of bank protection material.

(2) Head of Tide means the inland-most extent of tidal influence as measured by an increase in water surface level at Mean High Tide (Mean Lower Low Water Datum).

(3) The elevation of the Mean High Tide corresponds to a tide state of about 6.6 feet, (Mean Lower Low Water Datum). The location of Head of Tide of Euchre Creek is approximately the same as the line of Mean High Tide on the beach.

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04

141-088-0180

Closure of Pistol River Estuary

(1) All submerged and submersible land under the jurisdiction of the Department below Head of Tide within the Pistol River estuary is closed to any and all use by motor vehicles. Excepted from the closure are government-owned vehicles on official business, motor or non-motorized boats, vehicles used in the launching of boats at designated launching sites, public and private utility vehicles performing company business, vehicles involved in rescue or emergency activities, and vehicles engaged in repair of fences and placement of bank protection material.

(2) Head of Tide means the inland-most extent of tidal influence as measured by an increase in water surface level at Mean High Tide (Mean Lower Low Water Datum).

(3) The elevation of Mean High Tide corresponds to a tide stage of about 6.3 feet, (Mean Lower Low Water Datum). The location of Head of Tide on Pistol River is approximately River Mile 1.4 (Section 20, Township 38 South, Range 14 West, Willamette Meridian).

Stat. Auth.: ORS 183, 273 & 274
Stats. Implemented: ORS 273& 274
Hist.: DSL 2-2004, f. & cert. ef. 6-11-04


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