Oregon Statutes 273.500 – Access to public access sites; notice of proposed restriction or closure; reports; rules
(1) As used in this section:
Terms Used In Oregon Statutes 273.500
- Board: means the State Land Board. See Oregon Statutes 273.006
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Land: includes water, water rights, easements of every nature and all appurtenances to land. See Oregon Statutes 273.006
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- public notice: means any legal publication which requires an affidavit of publication as required in ORS § 193. See Oregon Statutes 174.104
(a) ‘Public access site’ means a site on state public lands where the public may access the lands for recreational use of a floatable natural waterway.
(b) ‘State public lands’ means any land, or improvements thereon, owned by the State of Oregon.
(2)(a) Before a state agency may restrict or close access to a public access site, the agency shall post notice on the agency’s website for 30 days prior to the date that the restriction or closure is proposed to take effect.
(b) Paragraph (a) of this subsection does not apply to a restriction or closure for:
(A) An emergency, including but not limited to an emergency related to a domestic water supply source.
(B) Fire prevention pursuant to the provisions of ORS § 401.165 to 401.236 or 477.535 to 477.550.
(C) Critical wildlife management activities.
(D) A restriction or closure adopted by rule by the State Land Board.
(E) A temporary restriction or closure, if the restriction or closure is for not more than 30 days.
(F) A temporary restriction or closure, if the restriction or closure is for routine maintenance or construction and lasts for more than 30 days.
(3) On or before January 1 of each year, any state agency that restricted, closed, opened or reopened access to a public access site in the previous calendar year, not including closures or restrictions lasting less than 24 hours, shall submit a report to the State Marine Board and the Legislative Assembly that describes:
(a) The number and location of restrictions or closures to public access sites in the previous calendar year, including any restrictions or closures that were found to be exempt from public notice requirements under subsection (2)(b) of this section;
(b) The reasons for any restrictions or closures identified under paragraph (a) of this subsection;
(c) The number and location of public access sites that the agency opened in the previous calendar year;
(d) The number and location of public access sites that had been closed and that the agency reopened in the previous calendar year; and
(e) The number and location of public access sites where access had been restricted and where the agency restored access in the previous calendar year.
(4) The State Marine Board shall compile and make public information in the reports received under subsection (3) of this section, by means including a website with a map of the reported public access sites.
(5) Nothing in this section shall be construed to affect the jurisdiction or responsibility of any state agency with respect to the operation of boats, hunting and fishing seasons, method of take or limits for hunting and fishing, water pollution or fire control, except that a state agency shall endeavor to perform the agency’s responsibilities in a manner that is consistent with the provisions of this section.
(6) State agencies may adopt rules to carry out the provisions of this section.
(7) This section may not be interpreted to:
(a) Restrict the federal navigational servitude; or
(b) Restrict or expand any rights a person has under existing common law. [2019 c.409 § 1; 2021 c.159 § 1]
273.500 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS Chapter 273 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
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