Division 22 Parks and Recreation Department OCEAN SHORE VEHICLE USE ZONES POLICY
2-OAR_736-022.txt - OAR - 8/15/2006 0:00:00 - Regulation - OR
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OAR Division 22 Parks and Recreation Department OCEAN SHORE VEHICLE USE ZONES POLICY
The Oregon Administrative Rules contain OARs filed through July 14, 2006
PARKS AND RECREATION DEPARTMENT
OCEAN SHORE VEHICLE USE ZONES POLICY
(1) To assure safe public use, protect scenic and recreation values, and conserve marine life and intertidal resources of the ocean shore, zones shall be established on the ocean beaches where vehicle use will be restricted or prohibited.
(2) Establishment of zones on beaches where vehicle use may be restricted or prohibited will be determined after evaluating the relative significance of public and agency concerns for safety, access, scenic and recreation values, seashore resources, and beach management:
(a) Safety -- The following concerns will be considered to promote safety for all beach users:
(A) Beach Use -- To assure the safety of beach users, added concern will be given to times and locations of heavy use by the general public;
(B) Beach Space -- Beach areas that are too limited in usable space to serve both pedestrian and vehicular uses may be closed to vehicles;
(C) Hazardous Conditions -- Beach areas with restricted visibility or hazardous conditions for vehicular use may be closed to vehicles;
(D) On-Shore Residents -- Vehicular use on beaches may be restricted or prohibited at times and locations where the safety of on-shore residents or property has been significantly affected by such beach use.
(b) Access Concerns -- The public need for vehicular access onto the beaches will be evaluated for each beach and region of the coast:
(A) Need -- The need for vehicular use on individual beaches will be considered. The availability and convenience of existing on-shore parking and pedestrian access and facilities will be a factor in determining the need for vehicular parking or recreational travel on the beach itself;
(B) Wood Gathering -- Adequate opportunities need to be assured for non-commercial gathering of wood consistent with the State Beach Log Removal Policy;
(C) Disabled Persons -- Adequate opportunities need to be assured for disabled persons to have reasonable beach access and use.
(c) Scenic and Recreation Values -- Zones will be established to best utilize and protect the outstanding scenic and recreation resources of the coast:
(A) Scenic Values -- Consideration will be given to retaining the natural attraction of outstanding scenic features. Vehicle use on beaches immediately adjoining outstanding public viewpoints or scenic areas may be restricted;
(B) Recreation Interests -- Evaluation will be made of the public's recreation interests and priorities at each beach and region of the coast. This will assist in accommodating a broad variety of beach use interests at the most logical locations.
(d) Natural Resources -- Adequate protection will be afforded to significant natural resources at appropriate times and locations:
(A) Intertidal Marine Life -- Protection will be afforded to significant marine garden areas and other marine life which would be vulnerable due to vehicular access;
(B) Clambeds -- Protection will be afforded to clam propagation needs at significant areas;
(C) Wildlife Habitats -- Protection will be afforded to significant coastal wildlife habitats where protection from vehicles is required;
(D) Coastal Vegetation -- Protection needs will be evaluated where significant vegetation requires special protection.
(e) Beach Management -- The public services involved in management of the beaches will be considered:
(A) Management Access -- Adequate vehicular access will be required at some beaches for ocean shore patrols, law enforcement, control of fires, search and rescue, property protection, and control of litter and sanitation;
(B) Enforcement -- The ability to adequately enforce vehicle use regulations at the beach will be considered. Where reasonable control would not be feasible, the beach may be closed to vehicles;
(C) Public Costs -- Consideration will be given to the costs involved for government to effectively manage and enforce the beach proposal being evaluated.
(3) Establishment of zones on the ocean shore where vehicle use is restricted or prohibited will be determined by the Department of Parks and Recreation after consideration of public input, consultation with local governments and affected state and federal agencies, consideration of the above standards, and the provisions set forth in ORS 390.668.
(4) The above standards shall not apply to proceedings to establish a zone that were commenced prior to the effective date of this rule.
Stat. Auth.: ORS 183.545 & ORS 390.668
Stats. Implemented: ORS 390.668
Hist.: 1 OTC 1-1979, f. & ef. 2-8-79; PR 9-1992, f. & cert. ef. 11-12-92
Oregon Shore Vehicle Permit Provisions
Provisions for Obtaining Vehicle Permit
(1) Permits will be issued only from the offices listed below and only during normal working hours.
(2) Permits will be limited to daylight hours only.
(3) Permits will be issued for a specific person, vehicle, use and ocean shore area.
(4) Permittee must have permit in possession during time of use.
(5) Permits are not valid for commercial removal of driftwood.
(6) Granting of a permit by the State Parks Director for use of a vehicle on the ocean shore in no way authorizes the permittee to trespass on private property or to remove materials owned or controlled by others.
(7) Permittee agrees to hold the State of Oregon, it's Parks and Recreation Commission, officers, agents and employees harmless for any damages, claims and suits or action in law or in equity arising from any operation under the permit.
(8) The State Parks and Recreation Commission may, at its discretion, require a certificate of insurance to cover any claims resulting from the activities of the permittee.
(9) Permittee shall not operate the vehicle in a careless manner; while under the influence of intoxicating beverages, narcotics or dangerous drugs; or in excess of 25 MPH, or in excess of a less speed, if so posted.
(10) Permit-issuing offices for firewood gathering, elderly and disabled access:
(a) Salem -- State Parks Headquarters;
(b) Astoria/Warrenton -- Fort Stevens State Park and State Police;
(c) Cannon Beach -- City of Cannon Beach Police Department (for city limits only);
(d) Tillamook -- Region II Parks Office and State Police;
(e) Cape Lookout -- Cape Lookout State Park;
(f) Newport -- Beverly Beach State Park;
(g) South Beach -- South Beach State Park;
(h) Florence -- Honeyman State Park;
(i) Coos Bay -- Region III Parks Office and Sunset Bay State Park;
(j) Bandon -- Bullards Beach State Park;
(k) Port Orford -- Cape Blanco State Park;
(l) Brookings -- Harris Beach State Park.
(11) Permits-issuing offices for ocean shore activities other than firewood gathering, elderly and disabled access:
(a) Columbia River to Lincoln/Lane County line: Region II Parks Office, 3600 E. 3rd Street, Tillamook, OR 97141;
(b) Lincoln/Lane County Line to Oregon/ California border: Region III Parks Office, 365 N. 4th Street, Suite A, Coos Bay, OR 97420.
Stat. Auth.: ORS 183.545 & ORS 390.668
Stats. Implemented: ORS 390.668
Hist.: HC 1283, f. 6-6-72; PR 13-1984, f. & ef. 12-12-84; PR 9-1992, f. & cert. ef. 11-12-92
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