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Proposed OPRD Rules

Oregon Parks and Recreation Department, in accordance with the state's established rulemaking process, develops and maintains Chapter 736 of the Oregon Administrative Rules (OARs). All agency rulemaking notices are published on the first of each month by the Secretary of State in the Oregon Bulletin. The Oregon Parks and Recreation Commission must authorize the agency to proceed with rulemaking before rulemaking notices can be filed with the Secretary of State and rules opened for public comment. Once the public comment period has closed, the agency prepares the final rules text and submits to the commission for consideration and approval of final text prior to permanent adoption.

Are you interested in receiving emails about OPRD rulemaking activity? OPRD maintains an interested parties email list and sends updates when rulemaking public comment periods are opened. To be added to the interested parties list, please complete the form and submit. You can also email to be removed from the list.

Rulemaking Open for Public Comment

No open rulemaking as of June 4, 2021.

Closed Rulemaking

The Oregon SHPO will not present the draft state rules for the federal National Register of Historic Places program in Oregon at the OPRD Commission's February 2021 meeting as previously planned. The agency continues to consider the substantial comments received during the public comment period in consultation with the Oregon Department of Justice. The SHPO will bring the draft rule to the Commission at a future meeting.

Proposal for Rulemaking, OAR 736-008-0005 to 736-008-0055

The Oregon Parks and Recreation Department (OPRD) is proposing changes to state rules for a federal grant program that funds outdoor recreation projects.

The state rules for the Land and Water Conservation Fund (LWCF) grant were last updated in 1997. LWCF grants are available for local jurisdictions to acquire or develop outdoor recreation facilities. OPRD administers the federally funded grant program. The proposed changes include: updating definitions, aligning state rules with federal requirements, raising the minimum federal share on a project, and updating application requirements.

Public Comment: Opened May 3, 2021. Closes June 3, 2021, 5 PM

The Oregon Administrative Rules (OAR) proposed for revision include:

Amend: 736-008-0005, 736-008-0015, 736-008-0020, 736-008-0025, 736-008-0030, 736-008-0045, 736- 008-0050, 736-008-0055

Repeal: 736-008-0010

Public Hearing: Wednesday, May 26, 6 PM via computer and telephone. Advance registration required at: https://zoom.us/webinar/register/WN_AC6nH4pESUm3cheBtG84XQ

See Commission presentation on rulemaking opening

See the full proposed new rules and filing documents

See the clean copy of the proposed rules

Watch Rule Advisory Committee hearing

See press release

Video of rulemaking hearing

​The Oregon Parks and Recreation Department (OPRD) is accepting written comments on the proposed adoption of the Pilot Butte State Scenic Viewpoint Master Plan under Oregon Administrative Rule 736-018-0045.

The plan details current natural and cultural resource conditions, outdoor recreation trends and how to balance recreation and resource protection. It sets priorities for the next two decades, such as adding or improving trails, parking, facilities and signs. The plan is available at: Pilot Butte State Scenic Viewpoint Master Plan

Pilot Butte State Scenic Viewpoint (Pilot Butte) became part of the State of Oregon’s public lands in 1927 when it was donated to the State Highway Commission in memory of Terrance Hardington Foley. Its value to the public began primarily as a location to view the region and the Cascade Mountain Range to the west, and its view continue to draw statewide visitors. The combined park includes a total of 1261 acres under OPRD’s current ownership. As part of the process of drafting the plan, OPRD planners considered comments gathered from an advisory committee, park neighbors and the general public during meetings and written comment periods. The Oregon State Parks Commission approved the content of the draft plan in June 2020.  Officials from Deschutes County reviewed the draft for compatibility with zoning codes, a four-year process.

Public Comment: Opened April 1, 2021. Closes May 3, 2021, 5 PM

The Oregon Administrative Rules (OAR) proposed for revision include:
Amending OAR 736-018-0045: Adopted State Park Master Plan Documents

See Commission presentation adopting master plan
See the full proposed new rules and filing documents
See the clean copy of the proposed rules
See press release

Comments will be accepted until 5 p.m. May 3, 2021 and can be made below; in writing to Oregon Parks and Recreation Department, attn.: Helena Kesch, 725 Summer St NE, Suite C, Salem OR  97301; or through e-mail to OPRD.publiccomment@oregon.gov.

Public Comments received April 5, 2021 through May 3, 2021

Public Comment is closed

The Oregon Parks and Recreation Department (OPRD) proposes changes to the Oregon Administrative Rule creating an advisory council to provide recommendations to the Office of Outdoor Recreation.

The Outdoor Recreation Advisory Council will promote and facilitate efforts of the Office of Outdoor Recreation to coordinate outdoor recreation policy and priorities across the state with government, outdoor recreation industry and other outdoor recreation stakeholders.

Creation of the advisory council was recommended by a 33-member Governor 's Task Force on the Outdoors in their final report Governor’s Task Force on the Outdoors: 2020 Framework for Action. 

Public Comment: Opened March 8, 2021. Closes April 8, 2021, 5 PM

The Oregon Administrative Rules (OAR) proposed for revision include:
Adopt: OAR 736-002-0170 Outdoor Recreation Advisory Council: Membership and Function

See Commission presentation on rulemaking opening
See the full proposed new rules and filing documents
See the clean copy of the proposed rules
See press release

Comments can be made below or in writing to Oregon Parks and Recreation Department, Attn.: Katie Gauthier, 725 Summer St NE, Suite C, Salem OR  97301; or through e-mail to OPRD.publiccomment@oregon.gov.

Public comments received March 8, 2021 through April 8, 2021

Proposal for Rulemaking, OAR 736-015-0015

The Oregon Parks and Recreation Department (OPRD) proposes changes to the Oregon Administrative Rule guiding reservations for Oregon State Parks.

The experience closing parks and cancelling reservations since March 2020 exposed a need for increased flexibility in reservation rules to enable the agency to more nimbly respond to changing conditions.

The proposed rule change includes implementing a flexible fee range for transaction fees to make, change or cancel a reservation; changing reservation windows to allow for same day reservations through 18 months, with some, but not all sites would be open the entire window and making changes to group camping notification requirements.

Public Comment: Opened December 1, 2020. Closes January 15, 2021, 5 PM

The Oregon Administrative Rules (OAR) proposed for revision include:

Amend:

    OAR 736-015-0015, Reservations

Public Hearing:

Thursday, January 7, 6 PM via computer or telephone.  Register to participate in the hearing below.  https://zoom.us/webinar/register/WN_l9v4YG05Q1-GeS9n_0nS9Q    

See Commission presentation on rulemaking opening

See the full proposed new rules and filing documents

See the clean copy of the proposed rules

See press release

Comments can be made below or in writing to Oregon Parks and Recreation Department, Attn.: Katie Gauthier, 725 Summer St NE, Suite C, Salem OR  97301; or through e-mail to OPRD.publiccomment@oregon.gov.

Public comments received between December 1, 2020 and December 6, 2020

Public comments received between December 7, 2020 and December 31, 2020

Public comments received between January 1, 2021 and January 6, 2021

Public comments received between January 6, 2021 and January 15, 2021

Public comment is closed

Proposal for National Register Rulemaking

The Oregon Parks and Recreation Department (OPRD) proposes revising the state rules for the administration of the federal National Register of Historic Places program in Oregon. The program lists buildings, districts, and other sites important to local, state, or national history.  The National Register of Historic Places program is run by the National Park Service and administered locally by the Oregon State Historic Preservation Office, an office of the Oregon State Parks and Recreation Department (OPRD).

Public Comment: Opened July 1, 2020. Closed October 15, 2020, 5 PM

The Oregon Administrative Rules (OAR) proposed for revision include:

Amend:

  • OAR 736-050-0220, State Advisory Committee on Historic Preservation: Federal Requirements
  • OAR 736-050-0230, State Advisory Committee on Historic Preservation: Definitions
  • OAR 736-050-0240, State Advisory Committee on Historic Preservation: Organization and Duties
  • OAR 736-050-0250, State Advisory Committee on Historic Preservation: Staff Activities Relating to the National Register Program
  • OAR 736-050-0260, State Advisory Committee on Historic Preservation: Committee Procedures for Review and Approval of Nominations to the National Register

Adopt:

  • OAR 736-050-0270, State Advisory Committee on Historic Preservation: Incorporation of Publications by Reference and Effective Date of Rule

Public Hearing:

Public hearings were held on the followings dates:
  • Tuesday, August 18, 10-11:30 AM
  • Tuesday, July 28, 7 PM
  • Thursday, July 23, 2 PM and 7 PM

Watch or listen to the public hearings oral testimony

See Commission presentation on rulemaking opening

See the full proposed new rules and filing documents

See the clean copy of the proposed rules

See first press release and additional press release

Comments can be made below or in writing to Oregon Parks and Recreation Department, Attn.: Katie Gauthier, 725 Summer St NE, Suite C, Salem OR  97301; or through e-mail to OPRD.publiccomment@oregon.gov

See comments received between July 1, 2020 and October 15, 2020

Proposal for revising state rules for the National Register of Historic Places in Oregon

The Oregon Parks and Recreation Department (OPRD) proposes revising the state rules for the administration of the federal National Register of Historic Places program in Oregon.

The Oregon Administrative Rules (OAR) proposed for revision include:

  • OAR 736-050-0220, State Advisory Committee on Historic Preservation: Federal Requirements
  • OAR 736-050-0230, State Advisory Committee on Historic Preservation: Definitions
  • OAR 736-050-0240, State Advisory Committee on Historic Preservation: Organization and Duties
  • OAR 736-050-0250, State Advisory Committee on Historic Preservation: Staff Activities Relating to the National Register Program
  • OAR 736-050-0260, State Advisory Committee on Historic Preservation: Committee
  • Procedures for Review and Approval of Nominations to the National Register

OPRD assembled a Rule Advisory Committee (RAC) to provide recommendations on a draft rule written by staff. Staff intend to present the draft rule to the Oregon Parks and Recreation Department Commission and request that the Commission grant permission to begin the public rulemaking process.

The RAC is a citizen group appointed by staff who serve in an advisory capacity. Representatives include those from tribal, state, county, and local government, preservation and natural resource organizations, professionals, and private citizens with a demonstrated interest in the program. RAC meetings are open to the public.

Topics that will be considered include counting owners and objections; how tribal governments, state agencies, and local jurisdictions participate in the nomination process; administrative functions, such as staff duties and public notice and hearing procedures; and under what circumstances nominations may be exempt from public disclosure to protect culturally-sensitive information, among other issues.

The proposed revision addresses issues raised during a handful of controversial nomination projects. These include the nomination of portions of the Pilot Butte Canal, Deschutes Co.; the Eastmoreland Historic District, Portland; and the Q'alya ta Kukwis shichdii me Traditional Cultural Property Historic District, Coos Co. Each of these projects exposed discrepancies between federal and state laws and rules governing the National Register Program.

If the Oregon Parks and Recreation Commission approves rulemaking this website will be updated to include locations and dates of public meetings. The earliest date that staff may present a draft rule to the Oregon Parks and Recreation Commission and that the Commission may grant permission to open rulemaking is April 2020. 

Press release

The RAC members include:

  • Dr. Stephen Dow Beckham, Chair State Advisory Committee on Historic Preservation, Chair of the RAC
  • Peter Gutowsky, Association of Oregon Counties
  • Michael Boquist, League of Oregon Cities
  • Gail Greenman, Oregon Farm Bureau
  • Craig Horrell, Central Oregon Irrigation District
  • George Kramer, Kramer & Company
  • John Liu, At large community member
  • Mary Kyle McCurdy, 1000 Friends of Oregon
  • Ellen Miller, Homebuilders Association
  • Peggy Moretti, Restore Oregon
  • Oregon Tribal Representative
  • Elaine Schacher, State of Oregon, Department of Administrative Services

RAC Meetings

Meetings location, date, and time subject to change or cancellation.

Location: 1313 Mill Street SE, Salem, OR 97301. All meetings begin at 9 a.m.

Jan. 28, 2020           RAC meets to draft new rule


Feb. 10, 2020           RAC meets to draft new rule


Feb.25, 2020            RAC meets to draft new rule : Feb.25, 2020 Meeting Cancelled

PRP-RUL-02-19-Rules-Advisory-Committee-Concludes-Meeting-Series.pdf


March 10, 2020        RAC meets to draft new rule


June 2020                 Earliest date that staff may present a draft rule to the Oregon                                       Parks and Recreation Commission and that the                                                                 Commission may grant permission to open rulemaking.

If the Oregon Parks and Recreation Commission approves rulemaking this website will be updated to include locations and dates of public meetings.





Contact

Katie Gauthier
Legislative Coordinator
503-510-9678



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