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Rulemaking News and Notices
Proposed OPRD Rules
All agency rulemaking notices are published on the first of each month by the Secretary of State in the OREGON BULLETIN.  The OPRD 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 Department prepares the final rules text and submits to the OPRD Commission for consideration and approval of final text prior to permanent adoption. 
 
 
Are you interested in receiving emails about Oregon Parks and Recreation Department (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 oprd.publiccomment@oregon.gov to be removed from the list.
 
 

 

Comments?  Please send your comments regarding a specific rule to: OPRD.publiccomment@oregon.gov or complete the online form for open rulemaking. 


 

 Rulemaking open for public comment

Nehalem River Scenic Waterway Management Rules

Opens: October 1

Closes: November 4

Rule Adding: 736-040-0120

Hearing: October 28, 6-8 PM,  North County Recreation District, 36155 9th St. Nehalem, OR. 

The Oregon Parks and Recreation Department (OPRD) is accepting written comments on proposed adoption of 736-040-0120. The proposed rule adoption would add management rules for land adjacent to the newly designated Nehalem River Scenic Waterway. 

The Nehalem River State Scenic Waterway was designed by Gov. Brown on June 30, 2019. ORS 390.845(2) requires Oregon Parks and Recreation Department to adopt rules governing the management of land adjacent to the newly designated waterway.  Proposed rules will guide proposed development within ¼ mile of the bank in the designated section of river.

The Nehalem waterway is a 17.5-mile segment that runs through Clatsop and Tillamook Counties. It begins at Henry Rierson Spruce Run campground and ends at the confluence of Cook Creek, near Cougar Valley State Park. The waterway’s designation recognizes the outstanding scenic, natural and recreational values of the river segment. It’s the 23rd waterway designated under the program.
 

nehalem notice filing.pdf nehalem notice filing.pdf

 


 

 

Bicycle and Pedestrian Grant Process

Opens: October 1

Closes: November 4

Rule Adding: 736-006-0121; Amending: 736-009-0021

Hearing: October 29, 6-8 PM, North Mall Office Building, 725 Summer St. NE, Salem, OR 97303, Rm 124.  Anyone wishing to testify must sign up by 6:30 PM.

The Oregon Parks and Recreation Department (OPRD) is accepting written comments on proposed adoption of 736-006-0121 and amendment of 736-009-0021. The proposed rule adoption and amendment would implement the new statute passed during the 2019 legislative session to require OPRD, in cooperation with Oregon Department of Transportation, to provide up to $4 million per biennium in funding for bicycle and pedestrian projects until January 2, 2025. The proposed rules provide additional guidance on the application process and selection criteria for local government grants and prioritization of department spending on signature, scenic or recreational trail projects until the statute sunsets on January 2, 2025.

The proposed rules represent a collaborative approach that will allow grant operations to remain within Oregon Parks and Recreation Department while including cooperation with Oregon Department of Transportation through the participation of an Oregon Bicycle and Pedestrian Advisory Committee member in the grant process.  Local governments will continue to apply for grants through the process outlined in current administrative rules with the addition of criteria to clarify bicycle and transportation projects.  

 

bike ped filing notice.pdfbike ped filing notice.pdf


 


ATV Class IV definition change

Opens: October 1

Closes: October 31

Rule Amend: 736-004-0015

The Oregon Parks and Recreation Department (OPRD) is accepting written comments on proposed amendment of 736-004-0015. The proposed rule amendment would update the definition of a class IV all-terrain vehicles to match a change in the law passed during the 2019 legislative session.  Under the proposed rule, the weight of ATVs in class IV would increase from 1,800 pounds to 2,500 and the width from 65 inches to 80 inches. 

 

ATV class IV filing notice.pdfATV class IV filing notice.pdf



 

Heritage Commemorations

Opens: October 1

Closes: October 31

Rule Amend: 736-053-0300 to 736-053-0325; Add: 736-053-0320

The Oregon Parks and Recreation Department (OPRD) is accepting written comments on proposed adoption of 736-053-0320 and amendment of 736-053-0300, 736-053-0305, 736-053-0315, and 736-0325. The proposed rule adoption and amendment would update the responsibility of the Oregon Heritage Commission from designating statewide anniversary celebrations to commemorations based on a change in the law passed during the 2019 legislative session to be more inclusive and reflective of the types of events that could be recognized. Following passage of the legislation, the proposed rules are necessary to add current statutory language around statewide anniversary commemorations. In addition, the proposed rule change adds a rule to clarify the application process for events seeking designation.

Consistent with the Oregon Heritage Plan, statewide anniversary celebrations educate the public about historic events, communicate the value of heritage across the state, and strengthen heritage tourism. This designation signifies official state recognition, which organizations find helpful in leveraging additional participation, collaborative partnerships, funding, and outreach. Moving from designating “celebrations” to “commemorations” creates valuable educational opportunities to increase our understanding of Oregon’s past.


 

heritage commemorations filing notice.pdfheritage commemorations filing notice.pdf


 

 

Heritage Grants

Opens: October 1

Closes: October 31

Rule Adding: 736-057-0000 to 736-057-0160

The Oregon Parks and Recreation Department (OPRD) is accepting written comments on proposed adoption of 736-057-0000, 736-057-0010, 736-057-0020, 736-057-0030, 736-057-0040, 736-057-0050, 736-057-0060, 736-057-0070, 736-057-0080, 736-057-0090, 736-057-0100, 736-057-0110, 736-057-0120, 736-057-0130, 736-057-0140, 736-057-0150, and 736-057-0160. The proposed rule adoption t would establish procedures and criteria for application processes, eligibility determination and grant awards for the Certified Local Government grants and Preserving Oregon Grant programs within the Heritage Division of OPRD. Proposed rules are needed to provide greater transparency for applicants and clarity around grant decision-making processes.

 

 heritage grant filing notice.pdfheritage grant filing notice.pdf
 

 

 Closed rulemaking

 

Repeal of OAR 736-201-0000 to 736-201-0180

 

Oregon Parks and Recreation Department (OPRD) is accepting public comments on a proposed repeal of Oregon Administrative Rules 736-201-0000 to 736-201-0180 that references operation of the Oregon State Fair. The language is outdated; it was not removed after a 2013 decision by the state legislature to transfer state fair operations from OPRD to a public corporation.

OPRD operated the Oregon State Fair and Exposition Center from 2005 to 2014. During the 2013 legislative session, operation of the State Fair was transferred to a public corporation. OPRD no longer has an administrative role in operation of the State Fair; however, administrative rules guiding fair operations were not repealed at the time.

OPRD has proposed to repeal all Division 201 rules relating to the operation of the Oregon State Fair and Exposition Center to match the statutory change that occurred when the State Fair transferred out of the department.

The proposed repeal will not affect current state fair operations or the Oregon State Fair Council, the public corporation that now operates the State Fair and Exposition Center. OPRD’s administrative rules around fair operations cannot be utilized by the current  operators who have developed their own process for fair operations.


 

 

repeal state fair rules.pdfrepeal state fair rules.pdf

 

Natural Areas Rule Opening

 

The Oregon Parks and Recreation Department (OPRD) is accepting written comments on proposed amendments to OAR 736-045-0011, 736-045-0100, 736-045-0300, 736-045-0305, 736-045-0310, 736-045-0340, 736-045-0400, 736-045-0405, 736-045-0410, 736-045-0412, 736-045-0414, 736-045-0416, 736-045-0418, 736-045-0420, 736-045-0422, 736-045-0424, 736-045-0426, 736-045-0428, 736-045-0430, 736-045-0432, 736-045-0434, 736-045-0436, 736-045-0438, 736-045-0440, 736-045-0442, 736-045-0444, 736-045-0446, 736-045-0448, 736-045-0500, 736-045-0505.  The proposed rule revisions would update the State Natural Area Program rules and create guidelines for provisional registrations.

 

The Oregon Legislature established the Oregon Natural Areas Program in 1979 as a way to protect high quality native ecosystems and rare plant and animal species. In 2010, the Oregon Natural Areas Plan was developed which defines the full range of Oregon's natural heritage and guides the selection of priority areas for the establishment of natural areas.  The plan was updated in 2015 and guides the department’s actions in the program. Updated rules are needed to allow for provisional registrations of natural areas under active or proposed restoration or creation.

 

Rule changes would also clarify language related to technology changes, nomenclature of State Natural Areas versus State Natural Area Reserves and improve alignment of program operation direction with current goals.  Proposed changes for OAR 736-045-0400 to 736-045-0505 only add a parenthesis to the title of the program to clarify that the State Natural Area Reserve Program is different than other types of reserves within Oregon Parks and Recreation Department and other agencies.


 

Natural Areas Program Open Rules.pdfNatural Areas Program Open Rules.pdf


 


 

Adding plans for Brian Booth and Wallowa Lake State Parks to list of Master Plans

Amend OAR 736-018-0045

The Oregon Parks and Recreation Department (OPRD) is accepting written comments on the proposed adoption of the Brian Booth State Park and amending the Wallowa Lake Management Unit Master Plans under Oregon Administrative Rule 736-018-0045.

The plans detail current natural and cultural resource conditions, outdoor recreation trends and how to balance recreation and resource protection. They set priorities for the next two decades, such as adding or improving trails, parking, facilities and signs. Both plans are available at oregon.gov/oprd/PLANS.

Brian Booth State Park

Brian Booth State Park located 7 miles south of Newport, includes Beaver Creek and Ona Beach. Beaver Creek was recently opened with initial improvements as Park of the Year for 2010.  Ona Beach was established many years ago.  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 February 2014.  Officials from both Lincoln County reviewed the draft for compatibility with zoning codes, a four-year process.

Wallowa Lake Management Unit

The draft master plan for the Wallowa Lake Management Unit covers a state park, state recreation area and state scenic corridor in Wallowa County.   The document replaces the previous plan, adopted in 2000.

Planners gathered comments from an advisory committee, park neighbors and the general public during meetings and written comment periods held in September 2018. The Oregon State Parks Commission approved the content of the Wallowa Lake Management Unit Master Plan at their meeting on November 28, 2018. The draft plan was then reviewed by Wallowa County for compatibility with their comprehensive plans and zoning codes. 

Comments will be accepted until 5 p.m. March 31, 2019 and can be made online (below); 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. 

Brian Booth and Wallowa Lake Notice of Proposed Rulemaking


 

Proposed rule revisions to allow flexible rate range for certain sites at state parks

The Oregon Parks and Recreation Department (OPRD) is accepting comments on proposed rule revisions to OAR 736-015-0006, 736-015-0020, 736-015-0040 implementing a flexible rate range for certain sites at state parks. Under HB 2318 passed during the 2017 legislative session, the Oregon Parks and Recreation Department Commission is directed to develop rules to set a reasonable range of rates for fees. The director will then have authority to vary fees within those ranges.

Flexible fee rates give the agency the ability to adjust fees in higher demand areas and while keeping rates lower in other parts of the state. Specific rates for each site will be posted on the website and in the park. This flexibility will be used in a targeted way, with slightly higher rates at the busiest parks and discounts at parks with extra capacity. No general tax funds are used to support the state park system, which relies instead on share of Lottery proceeds, recreational vehicle registrations, and revenue from park visitors.

Proposal to remove Silver Falls ranches from rate and reservation system

The Oregon Parks and Recreation Department (OPRD) is accepting comments on proposed rule revisions to OAR 736-015-0015 and 736-015-0040. The proposed rule amendment would remove references to reservation and rate requirements for the ranches at Silver Falls State Park currently set in administrative rule.

The proposed rule change would also eliminate personal checks, traveler’s checks and money orders as an acceptable form of payment for reservations taken over the phone. Checks would still be allowed for purchases within a State Park.

 

Electric assisted bicycle use on specific trails and parts of the ocean shore

​The Oregon Parks and Recreation Department (OPRD) is accepting comments on proposed rule revisions to OAR 736-010-0015, 736-010-0026, 736-021-0030 and 736-021-0065. The proposed rule revisions to would allow electric assisted bicycles on trails eight feet and wider and along the ocean shore in areas where bicycles are currently allowed.

See notice of proposed rulemaking for locations and dates of public meetings. Comments will be accepted until 5 p.m., May 18, 2018. and can be made on this web page; 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 

Notice of Proposed Rulemaking                         Proposed rules

Public meeting audio and written comment

Bandon hearing audio

Hood River hearing audio

Newport hearing audio

Redmond hearing audio

Salem hearing audio

Warrenton hearing audio

Written comments - Part 1

Written comments - Part 2

Written comments - Part 3

 

Adding Tribal Governments as eligible to apply for ATV grants and increasing ATV committee members

The Oregon Parks and Recreation Department (OPRD) is accepting comments on proposed rule revisions to 736-004-0015, 736-004-0025, and 736-004-0085 adding tribal governments as an entity eligible to apply for funding under the ATV Grant Program and adding two members to the ATV advisory committee.

Oregon Parks and Recreation Department accepting comments on new rule on lost and found to align with state law

The Oregon Parks and Recreation Department (OPRD) is accepting comments on a proposed rule change that would increase the monetary amount from $100 to $250 that a person is required to turn over an item found in a state park or along the ocean shore. 

Under state law, any person who finds money or goods valued at more than $250 is required to turn it over to park staff.  A person who finds something valued at less than $250 has the option of submitting it to park staff, as well.  In 2013, the dollar amount statutorily required to be turned over to park staff increased from $100 to $250.  Oregon Parks and Recreation Department is proposing amending administrative rules in state parks and along the ocean shore to align with the new statutory requirements. 

Oregon Parks and Recreation Department accepting comments on new rule that will require a permit to restore, maintain, or preserve abandoned cemeteries

The Oregon Parks and Recreation Department (OPRD) is accepting comments on a proposed rule change that would establish a permit to restore, maintain or preserve an abandoned cemetery. The proposed rules are a result of House Bill 2516, passed during the 2017 session. The deadline for public comment on the amendments is March 30, 2018.

The proposed rules, developed in consultation with the Oregon Commission on Historic Cemeteries, outline the process for entities to apply for permits and permit requirements.  In December 2017, rules for the new program were opened for public comment.  The Department has modified the rules and is again seeking comment on the modifications.  Any comments received on the previous proposed rules will also be shared with the Oregon Parks and Recreation Commission.

December 2017
Proposed rule revisions implementing a flexible rate range for certain sites at state parks

The Oregon Parks and Recreation Department (OPRD) is accepting comments on proposed rule revisions to OAR 736-015-0006 and 736-015-0020 implementing a flexible rate range for certain sites at state parks.  Under HB 2318 passed during the 2017 legislative session, the Oregon Parks and Recreation  Department Commission is directed to develop rules to set a reasonable range of rates for fees.  The State Parks Director will then have authority to vary fees within those ranges.

Under the proposed rules, the RV site range would vary between $5 lower than the base rate and $3 higher.  For cabins and yurts, the range would vary between the base rate and a $5 dollar increase.  For tent sites, the flexible fee range would vary between the base rate and a $2 decrease.  Specific rates for each site will be posted on the website and in the park.

Proposed new rule that will require a permit to restore, maintain, or preserve abandoned cemeteries

The Oregon Parks and Recreation Department (OPRD) is accepting comments on a proposed rule change that would establish a permit to restore, maintain or preserve an abandoned cemetery. The proposed rules are a result of House Bill 2516, passed during the 2017 session. The deadline for public comment on the amendments is Jan. 15, 2018.

The proposed rules, developed in consultation with the Oregon Commission on Historic Cemeteries, outline the process for entities to apply for permits and permit requirements. 

Proposed rule revisions to amending criminal background checks for individuals applying for positions as an employee, volunteer or contractor within OPRD

The Oregon Parks and Recreation Department (OPRD) is accepting comments on proposed rule revisions to OAR 736-002-0042, 736-002-0052, 736-002-0058, 736-002-0070, 736-002-0102, and 736-002-0150 amending criminal background checks for individuals applying for positions as an employee, volunteer or contractor within OPRD.  Rules regarding criminal records check processes need to be revised to be aligned with current Department of Administrative Services standards and will create better consistency between OPRD and other state agencies. The Department recently revised a portion of our criminal background check rules, but determined these rules should be amended not repealed so must reopen rulemaking to take comments on the proposed amendments.

November 2017
Proposed adoption of the Tryon Creek State Natural Area and Columbia Gorge Management Unit Master Plans
Amend OAR 736-018-0045
The Oregon Parks and Recreation Department (OPRD) is accepting written comments on the proposed adoption of the Tryon Creek State Natural Area and amending the Columbia Gorge Management Unit Master Plans under Oregon Administrative Rule 736-018-0045.
The plans detail current natural and cultural resource conditions, outdoor recreation trends and how to balance recreation and resource protection. They set priorities for the next two decades, such as adding or improving trails, parking, facilities and signs. Both plans are available at oregon.gov/oprd/PLANS

Tryon Creek
Tryon Creek State Natural Area, a 650-acre day-use park with more than 14 miles of trails, is situated in both southeast Portland and Lake Oswego. 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 held between February and July 2013. The Oregon State Parks Commission approved the content of the draft plan in July 2013.  Officials from both Portland and Lake Oswego reviewed the draft for compatibility with zoning codes, a four-year process. OPRD planners made minor changes as a result.

Columbia Gorge
The draft master plan for the Columbia Gorge Management Unit covers 15 parks, six natural areas, three scenic viewpoints, six scenic corridors, and 47 trailheads connecting visitors with more than 150 miles of spectacular trails located in Hood River, Multnomah and Wasco Counties.   The document replaces the previous plan, adopted in 1994.

Planners gathered comments from an advisory committee, park neighbors and the general public during meetings and written comment periods held between August 2013 and October 2014. The Oregon State Parks Commission approved the content of the Columbia Gorge Management Unit Master Plan at their meeting on February 11, 2015. The draft plan was then reviewed by Hood River, Multnomah and Wasco counties for compatibility with their comprehensive plans and zoning codes.

October 2017
Allow WAG bags on the Deschutes River Scenic Waterway

The Oregon Parks and Recreation Department (OPRD) is accepting comments on proposed rule revisions to OAR 736-040-0070 to allow addition of human waste bags option to the overnight boater portable toilet requirement on the Deschutes River Scenic Waterway

October 2017Adding Tribal Governments as eligible entity for Veterans' and War Memorial Grant Program

The Oregon Parks and Recreation Department (OPRD) is accepting comments on proposed rule revisions to OAR 736-017-0005 and 736-017-0020 adding tribal governments as an entity eligible to apply for funding under the Veterans’ and War Memorial Grant Program. 
 
July 2017
Overnight camping rates for state parks
Amends 736-015-0020, 736-015-0040
Repeals 736-015-0043
The Oregon Parks and Recreation Department (OPRD) is accepting comments on proposed rule revisions to OAR 736-015-0020 and 736-015-0040 related to overnight camping rates for state parks.  A $2 per site increase in overnight rental fees for select types of campsites was approved by the Oregon Legislature as part of the 2017-19 Oregon Parks and Recreation Department budget.  Tent site rates will not increase to maintain a lower cost option for park visitors.
  
June 2017
Fees for Public Records
Amends 736-001-0030
The Oregon Parks and Recreation Department (OPRD) is accepting comments on proposed rule revisions to OAR 736-001-0030 related to fees for public records. These revisions align the OPRD rules with statewide standards for public agencies. The department handles 1-2 formal public record requests a month, but many dozen informal requests as a routine part of its service to constituents. Charging for records is extremely rare, thanks to better storage systems, scanners, and access to online delivery tools.
  
November 2016
​Proposed adoption of the Sitka Sedge State Natural Area Master Plan
Amend OAR 736-018-0045
The Oregon Parks and Recreation Department (OPRD) is accepting written comments on the proposed adoption of the Sitka Sedge State Natural Area Master Plan under Oregon Administrative Rule 736-018-0045. Sitka Sedge State Natural Area is located in Tillamook County approximately four miles north of Pacific City.  Public input on the draft plan for the park was gathered from an advisory committee, park neighbors and the general public during meetings and written comment periods held between August 2015 and July 2016. The Oregon State Parks Commission approved the content of the draft plan at their meeting on September 14, 2016.

Close the beach to vehicle access at North 35th Court in Lincoln City
Amend OAR 736-024-0025

The Oregon Parks and Recreation Department is seeking public comments on a proposed rule change that would close a 300-foot section of the beach to motor vehicles in Lincoln City near N 35th court. Beaches in Lincoln County are closed to motor vehicles except for two, 300-foot sections in Lincoln City that have been left open for parking. In the fall of 2015 Oregon State Parks received a petition to close one of those 300-foot sections near N 35th court. On March 30, 2016, a public meeting was held in Lincoln City to gather information on historical use, current use, and potential problems with the beach being open at that location, as well as reasons why vehicle access is important at that location. After analyzing the information presented at the meeting, OPRD determined that a rulemaking action to close that section of beach was warranted.

State Scenic Waterways Program -- Chetco River and Molalla River State Scenice Waterways manag
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736-040-0100, 736-040-0110
The Oregon Parks and Recreation Department is seeking public comment on rules governing management of two new rivers designated as State Scenic Waterways, the Chetco and the Molalla.  The rules focus on classification of river sections and specific management practices to maintain the character of the river in those sections. More information about the Scenic Waterways Program.