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State
Oregon
OAR Division 21 Parks and Recreation Department GENERAL OCEAN SHORE STATE RECREATION AREA RULES



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

PARKS AND RECREATION DEPARTMENT

DIVISION 21

GENERAL OCEAN SHORE STATE RECREATION

AREA RULES



736-021-0010

Scope of Rules

These rules govern the use of all ocean shore areas not bordering a state park area or wayside. Beaches bordering coastal state parks are governed by separate state park rules.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94



736-021-0020

Statutory Authority

(1) ORS 390.050 authorizes the park director and the director's designees to enforce park and ocean shore area rules by citation authority.

(2) These rules are adopted pursuant to ORS 390.635 and 390.660, which grant the Oregon State Parks and Recreation Commission:

(a) Complete jurisdiction and authority to administer as state recreation areas, all ocean shore areas owned by the state and all other public easements or other rights of access that the state holds on the ocean shore;

(b) Authority to protect and maintain such areas in a manner which will contribute to the general welfare of the public and the natural and cultural resources thereon;

(c) Authority to make regulations and provisions as it deems necessary for the use and administration of such areas.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.124, ORS 390.635 & ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94



736-021-0030

Definitions

(1) "Commission" means the Oregon Parks and Recreation Commission.

(2) "Department" means the Oregon Parks and Recreation Department.

(3) "Enforcement Officer" means a department employee authorized by the department to investigate observed or reported violations and to issue oral or written warnings and citations for violations of the ocean shore recreation area rules.

(4) "Ocean Shore Recreation Area" means the land lying between extreme low tide of the Pacific Ocean and the statutory vegetation line established and described by ORS 390.770, except for those beach portions abutting a park area.

(5) "Ocean Shore Resources" means a any natural or man-made product, feature or structure in the ocean shore recreation area.

(6) "Park Property" means any state park, wayside, corridor, monument, historic, or recreation area, except portions of ocean shore recreation areas not abutting a state park or wayside, under the jurisdiction of the Commission.

(7) "Park Director" means the director of the department.

(8) "Park Employee" means employees of the department.

(9) Park Manager" means the area manager, assistant area manager, or designated employee in charge of a designated ocean shore recreation area. See Exhibit 1.

Exhibit 1
Ocean Shore Management Jurisdiction Director.



Columbia River to Tillamook Bay
AREA 1-OPRD

Fort Stevens State Park

Hammond OR 97121

(503) 861-3170



Bayocean Spit to Nye Beach Wayside
AREA 2-OPRD

2505 Highway 101 N. Suite A

Tillamook OR 97141

(503) 842-5501



Nye Beach to Umpqua Lighthouse Beach
AREA 3-OPRD

Honeyman State Park

84505 Hwy 101 S

Florence OR 97439

(541) 997-3851



Umpqua Lighthouse to California Border
AREA 4-OPRD

Sunset Bay State Park

10965 Cape Arago Hwy

Coos Bay OR 97420

(541) 888-3778

(10) "Upland" means the land lying shoreward or easterly of the Ocean Shore Recreation Area.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.124, ORS 390.635 & ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94



736-021-0040

General Regulations

(1) The park manager shall seek compliance by the public with the Ocean Shore Recreation Area rules. The park manager may order any person violating these rules to leave the ocean shore recreation area.

(2) No person shall obstruct, harass or interfere with the official duties of any park employee during enforcement of the ocean shore recreation area rules.

(3) To protect ocean shore resources, public health and safety, provide security and avoid user conflicts, or for other reasons, the park manager or enforcement officer may restrict access, impose use limits on a temporary basis, or close all or a portion of the ocean shore recreation area to a specific use or activity (e.g., due to natural disaster, hazardous spill, discovery of toxic dumping, or due to wildlife habitat needs).

(4) Individuals are to comply with signs installed to seek compliance with said restrictions or the ocean shore recreation area rules.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.124, ORS 390.635 & ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94



736-021-0050

Fines

(1) Any person, firm or corporation violating any rule commits a Class A park and recreation infraction punishable, upon conviction, by a fine not to exceed $700.

(2) Each occurrence of an ocean shore recreation area rule violation shall be considered a separate offense.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.050 & ORS 390.124
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94

736-021-0060

Motor Vehicles

(1) Motorists shall comply with motor vehicle regulatory signs in the ocean shore recreation area.

(2) Motor vehicle use is allowed on beaches unless otherwise posted. Beaches closed to vehicles may be accessed only by permit.

(3) Motor vehicles shall be "street legal" and registered to operate on public highways and roads, except on beaches where vehicle use is allowed at the Oregon Dunes National Recreation Area and at the Sand Lake Recreation Area. Vehicles there need only be equipped with minimum off-road vehicle safety equipment.

(4) Vehicle operators shall have a valid driver's license in their possession except at the Dunes NRA and at Sand Lake and on adjacent beaches open to off-road vehicle use, where Class I all-terrain vehicle operators must meet one of the following qualifications:

(a) The person must hold a valid driver's license;

(b) The person must hold a valid Class I all-terrain vehicle operator permit issued under ORS 821.180;

(c) The person must be accompanied by a person who is at least 18 years of age, who has either a valid Class I all-terrain vehicle operator permit and who is either on the same vehicle if the vehicle is designed to carry passengers, or on a separate Class I all-terrain vehicle.

(5) At the Dunes NRA and at Sand Lake persons whose driving privilege has been suspended or revoked may not operate Class I all-terrain vehicles on the ocean shore.

(6) Unless otherwise posted, motor vehicles shall not be operated within the ocean shore recreation area at speeds in excess of 25 miles per hour.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.668 & ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PR 12-1996, f. 12-23-96, cert. ef. 12-26-96



736-021-0070

Pets and Other Animals

(1) The owner of any dog, cat, or other animal brought into or kept in the ocean shore recreation area shall be responsible for the animal's behavior and physical control while in the ocean shore recreation area.

(2) Saddle animals such as horses, llamas, mules, etc. may be used on the ocean shore recreation area where not otherwise posted. No animal shall be hitched or confined in a manner that may cause damage to any natural resources on the ocean shore.

(3) The park manager or designee may take any measures deemed necessary, including the removal of the animal from the area, to protect ocean shore resources and to prevent interference by the animal with the safety, comfort, and well-being of visitors.

(4) Park managers may seize any animal running at large in the ocean shore recreation area and release the animal to an animal control officer or pound.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.635 & ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94



736-021-0080

Livestock

No person shall harass livestock or interfere with farming activities and facilities, including fencing, lawfully permitted on any ocean shore recreation area.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.635 & ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94



736-021-0090

Vandalism and Litter

(1) No person shall, except with the written permission of the park manager or designated park employee:

(a) Cut, trim, uproot, or remove any living vegetation;

(b) Dig up or remove any sand, soil, rock, historical or fossil materials or Indian artifacts or burials, except in accordance with ORS Chapter 358 and OAR 736-020-0035.

(2) Persons shall not mutilate, deface, damage or remove any property, structure or facility of any kind in the ocean shore recreation area.

(3) Persons shall not roll stones or other objects, or carve, dig caves, sculpture sand dunes or sea cliffs, in a way which endangers visitors or damages ocean shore resources.

(4) No person shall deposit garbage, sewage, refuse or waste on any ocean shore recreation area.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 164.775, ORS 390.635 & ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94



736-021-0100

Prohibited Activities

The following activities are prohibited within the ocean shore recreation area:

(1) Possessing, discharging, or causing to be discharged, any firecracker, explosives, torpedoes, rockets, fireworks or other similar devices without the written permission of the park manager of the beach area in which the permittee wishes to discharge such devices. See ocean shore management jurisdiction directory for address and phone number. Fireworks are defined in OAR 837-012-0072(19);

(2) Constructing a structure or sign without a permit;

(3) Harassing wildlife, seabirds or nesting birds; disturbing tide pools; gathering eggs or other live material.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.635, ORS 390.655 & ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94



736-021-0110

Hunting and Firearms

No person within the ocean shore recreation area shall:

(1) Hunt, pursue, trap, kill, injure, or molest any wildlife or disturb their habitats;

(2) Discharge any firearm, pellet gun, bow and arrow, slingshot, paint-ball gun, or other weapon capable of injuring any person or wildlife.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 166.630, ORS 390.635 & ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94



736-021-0120

Fires

(1) Small recreational beach fires in the ocean shore recreation area are allowed provided they are located in the open dry sands area, downwind of and below beachgrass and the driftwood line; no fires are allowed in dunes or beach log accumulations.

(2) No fire shall be placed in driftwood, left unattended or be permitted to cause damage to facilities or natural resources. Every fire shall be extinguished before its users leave the area.

(3) No fire shall be permitted within 25 feet of a seawall that is constructed of wood or other combustible material.

(4) At the discretion of a park manager, fires normally permitted in the ocean shore recreation area may be restricted or prohibited due to high fire hazard conditions.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.124 & ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; PR 3-1997, f. 11-5-97, cert. ef. 11-10-97



736-021-0130

Commercial Activities

(1) Except as otherwise provided in this rule, no person shall conduct any commercial activity on the Ocean Shore Recreation Area. Commercial activities include, but are not limited to: selling, renting, leasing or offering to sell, rent or lease any merchandise, food, beverage or service; operating a concession; advertising; monetary transactions or payments; and displaying or storing goods for sale or rent.

(2) In the sole discretion of the department a special permit may be granted by the department to a private party for a commercial activity in conjunction with a special event if all of the following conditions are met:

(a) No feasible alternative location is available at some off-beach side;

(b) The permitted activity does not pose a threat to public health, safety or welfare, does not cause any lasting damage to any ocean shore resources, and does not interfere with public access to and along the beach.

(3) A special permit may be granted by the department to a local city or county government to allow specific commercial activities to be performed by a named private parties if the following conditions are met:

(a) The specific type of commercial activity exists at the specific ocean shore location on the effective date of these rules;

(b) There are no feasible alternative locations nearby at some off-beach site;

(c) No money is exchanged or payment made on the beach;

(d) The permitted activity does not pose a threat to public health, safety or welfare, does not

cause any lasting damage to any ocean shore resources, and does not interfere with public access to and along the beach;

(e) The affected city or county government will be responsible for enforcing all terms of the permit.

(4) Special permits issued pursuant to this rule are not transferable. The department may require additional conditions on any special permit issued pursuant to this rule. Permits for commercial activities under section (2) of this rule are limited in duration to no more than the length of the special event. Permits for cities and counties under section (3) of this rule shall be limited to five years, and the city or county may further limit the time it allows the activity to continue. Issuance of a permit confers no right or expectation that the permit will be renewed or extended.

(5) Violation of terms or conditions of permits issued under sections (2) and (3) may cause the permits to be subject to immediate cancellation or revocation.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.635 & ORS 390.660.
Hist.: PR 9-1984, f. & ef. 12-12-84; PR 8-1992, f. & cert. ef. 11-12-92; Renumbered from 736-020-0033; PR 9-1994, f. 11-29-94, cert. ef. 12-1-94; Renumbered from 736-021-0000.



736-021-0140

Signs

(1) No sign, marker, advertisement, or inscription of any kind shall be placed within the ocean shore recreation area without written permission from the park manager.

(2) No person may distribute circulars, notices, leaflets, pamphlets or written or printed information of any kind, within the ocean shore recreation area, unless they have first obtained permission from a park manager and reported their name, address and number of leaflets to be distributed to the park manager.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.635 & ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94



736-021-0150

Lost Articles

All money or goods found in the ocean shore recreation area must be turned over to the park manager. All money or goods shall be disposed of according to department policy adopted in accordance with ORS Chapter 98.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.124, ORS 390.635 & ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94



736-021-0160

Additional Rules

Additional administrative rules shall be posted in specific ocean shore recreation areas to which they pertain. These include but are not limited to Divisions 20, 23, 24, 25, 26, 27 and 28.

Stat. Auth.: ORS 390.660
Stats. Implemented: ORS 390.635 & ORS 390.660
Hist.: PR 9-1994, f. 11-29-94, cert. ef. 12-1-94


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The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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