Oregon Statutes 390.124 – Commission rulemaking authority; charges for use of parks and other areas; exceptions
(1) In accordance with any applicable provision of ORS Chapter 183, the State Parks and Recreation Commission may adopt rules necessary to carry out the duties, functions and powers imposed by law upon the commission and the State Parks and Recreation Department. Rules adopted pursuant to this section shall be duly entered in the minutes and records of the commission.
Terms Used In Oregon Statutes 390.124
- Commission: means the State Parks and Recreation Commission. See Oregon Statutes 390.005
- Contract: A legal written agreement that becomes binding when signed.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Director: means the State Parks and Recreation Director. See Oregon Statutes 390.005
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
(2)(a) The commission may adopt by rule a schedule setting forth the range of reasonable charges that may be assessed for the use of areas established and maintained by the department. The range of user fees relating to recreational vehicles must be 25 percent greater for nonresidents than for residents of this state.
(b) With the approval of the commission, the State Parks and Recreation Director may set, adjust and assess fees for the use of areas established and maintained by the department. Fees assessed under this paragraph must be within the range of reasonable charges adopted by the commission under paragraph (a) of this subsection. The director may adjust a fee under this paragraph no more than four times per calendar year. The director may also adopt rules establishing reductions in waivers of or exemption from the charges.
(c) Notwithstanding paragraphs (a) and (b) of this subsection, the commission shall authorize the use of any state park, individual campsite or day use fee area without charge:
(A) Upon the showing of proper identification, by a person maintaining a foster home, as defined by ORS § 418.625, and the person’s children, when accompanied by a foster child residing in the home.
(B) Upon the showing of proper identification, by a person maintaining a developmental disability child foster home, as defined by ORS § 443.830, and the person’s children, when accompanied by a foster child residing in the home.
(C) If a deed to, lease of or contract to use the property used as a state park, campsite or day use fee area prohibits the charging of fees for use of the property.
(D) Upon the showing of proper identification, by either a disabled veteran or a person on leave from military active duty status on Memorial Day, Independence Day or Veterans Day.
(3) The commission shall adopt any rules pursuant to ORS Chapter 183 that the commission considers necessary to carry out ORS § 273.563 to 273.591. [1989 c.904 10,10a; 1991 c.67 § 93; 1999 c.316 § 7; 2003 c.519 § 1; 2011 c.319 § 19; 2012 c.107 § 23; 2017 c.385 § 1; 2021 c.200 § 1]