Oregon Administrative Rules Chapter 736 - PARKS AND RECREATION DEPARTMENT
Oregon Administrative Rules Chapter 736 – Parks and Recreation Department
1. Overview
OAR Chapter 736 governs the operations, management, and regulation of Oregon's Parks and Recreation Department. These rules provide the framework for managing state parks, recreation areas, historic sites, and natural resources under the Department’s jurisdiction.
The rules address areas such as:
Park usage and visitor conduct
Permits and fees
Resource protection
Facility management
Enforcement and penalties for violations
2. Purpose of OAR Chapter 736
The primary purposes are:
To protect natural and cultural resources within state parks.
To ensure safe and enjoyable experiences for visitors.
To regulate activities in parks to prevent damage and misuse.
To establish standards for permits, reservations, and fees.
To provide enforcement mechanisms to uphold the rules.
3. Key Provisions
A. Visitor Conduct and Restrictions
Visitors must comply with rules related to camping, fires, noise, and behavior to avoid disturbing others or damaging the environment.
Prohibitions include littering, unauthorized vehicle use, hunting or fishing without permits, and damaging park property.
B. Permits and Fees
Specific activities such as commercial filming, group events, or special use require permits.
Fees are established for park entrance, camping, and other services.
Permits can be denied or revoked for non-compliance with rules.
C. Resource Protection
Rules prohibit actions that harm wildlife, vegetation, or historic structures.
Restrictions on off-trail travel or use of motorized vehicles to prevent erosion and habitat disturbance.
D. Enforcement and Penalties
Park rangers and authorized personnel have the authority to enforce rules.
Violations may result in warnings, fines, citations, or removal from the park.
Serious or repeated violations can lead to criminal charges under Oregon law.
4. Statutory Authority
The rules are authorized by Oregon Revised Statutes, particularly those related to parks and recreation management (e.g., ORS Chapter 390).
The Department’s rulemaking authority comes from the legislature, allowing it to adopt rules necessary for park administration, public safety, and resource conservation.
5. Due Process and Administrative Procedures
When enforcement actions involve penalties or restrictions on individuals or entities, the Department follows administrative procedures to ensure due process, including:
Notice of violations
Opportunity to contest citations or penalties
Administrative hearings if required
Appeal rights under Oregon’s Administrative Procedure Act
6. Relevant Case Law
While there is less case law directly interpreting OAR Chapter 736 compared to other regulatory areas, some principles emerge from cases involving state park regulations and administrative enforcement.
Case: State v. Smith (Hypothetical Example)
Facts: An individual was cited for unauthorized off-road vehicle use in a state park, violating OAR Chapter 736 provisions.
Issue: Whether the citation was valid and whether the individual had proper notice of prohibited conduct.
Holding: The court upheld the Department’s citation, finding that OAR rules were clear, properly promulgated, and that the individual had adequate notice through posted signage and information materials.
Significance: This case illustrates enforcement of park rules and confirms that visitors are expected to comply with clearly posted regulations.
Case: Jones v. Oregon Parks and Recreation Department (Hypothetical Example)
Facts: A group challenged a permit denial for a commercial event in a state park.
Issue: Whether the Department acted within its statutory authority and followed required procedures.
Holding: The court found that the Department’s rules allowed for permit denial based on capacity and resource protection concerns, and the Department provided adequate procedural safeguards.
Significance: Affirms the Department’s discretion in issuing permits and its obligation to balance public use with resource preservation.
7. Practical Applications
Visitors should familiarize themselves with OAR Chapter 736 to avoid unintentional violations.
Groups or businesses planning events in parks must apply for permits and comply with rules to prevent denial or penalties.
Enforcement actions under these rules are subject to administrative review, protecting individuals’ rights.
8. Summary Table
| Aspect | Description |
|---|---|
| Purpose | Manage and protect Oregon’s parks and recreational resources |
| Visitor Conduct | Rules on behavior, use of facilities, and resource protection |
| Permits and Fees | Requirements for special activities and associated costs |
| Enforcement | Authority to enforce rules, issue citations, and impose fines |
| Due Process | Notice and hearing rights for enforcement actions |
| Case Law Principles | Validity of rules, proper notice, discretion in permit issuance |
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