Non-Traditional Park Activities

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_700/oar_736/736_016.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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PARKS AND RECREATION DEPARTMENT





 

DIVISION 16
NON-TRADITIONAL PARK ACTIVITIES

736-016-0005
Purpose and
Applicability
This division is
intended to secure public health and safety, protect park resources and facilities
and assist in maintaining facilities and services in instances where a person requests
to use state park land or facilities for a non-traditional park use. These special
use permit rules:
(1) Allow
access to park land for a wide variety of non-traditional park uses by requiring
a special use permit if the event or activity, including commercial filming:
(a) Is an
organized group activity or event attended by over 50 people; however, groups larger
than 50 people that reserve overnight or day use facilities do not require a special
use permit under this division unless one or more of the conditions listed in subsections
(b) through (i) also exist;
(b) Is an
activity associated with a construction project that is not specifically provided
for under contract with the department, including contracts related to natural resource
projects, placement of utilities, access roads and structures on park land;
(c) Uses
park lands, structures or facilities in a manner not expressly provided for under
OAR chapter 736, divisions 10, 15, 20 and 21;
(d) Substantially
restricts department or public access to or use of park lands, structures or facilities;
(e) Requires
placement of structures, facilities, or both, other than those normally used in
recreational activities the department traditionally allows on the site;
(f) Could
disturb the natural, cultural, scenic or recreational resources on park land;
(g) Could
pose a safety concern for other park users or for those involved in the event or
activity;
(h) Includes
temporary, short-term and non-exclusive vending, advertising or sales activities;
or
(i) Includes
non-exclusive commercial uses when financial transactions are conducted on park
land.
(2) Establish
department procedures for considering applications for authorizing non-traditional
park uses by special use permit; and
(3) Pertain
to all non-traditional park uses as described in section (1) unless otherwise authorized
by a contract or other agreement between the department and the person conducting
the activity or use.
Stat. Auth.: ORS
184 & 390.124

Stats. Implemented:
ORS 390.111, 390.121 & 390.124

Hist.: PR
11-1981(Temp), f. & ef. 6-26-81; PR 15-1981, f. & ef. 11-20-81; PR 11-1986,
f. & ef. 7-9-86; PR 5-1992, f. & cert. ef. 9-24-92; PRD 7-2012, f. &
cert. ef. 10-17-12
736-016-0010
Policies
(1) Pursuant to
ORS 390.635 and 390.660 the department has jurisdiction and regulatory authority
to manage the Ocean Shore State Recreation area for outdoor recreational purposes
consistent with ORS 390.010.
(2) Pursuant
to ORS 390.111, the department has jurisdiction and regulatory authority to manage
park lands for outdoor recreational purposes consistent with ORS 390.010.
(3) All non-traditional
park uses shall conform to applicable local, state, and federal laws.
(4) The department
will evaluate a special use permit application under this division using the following
criteria:
(a) Whether
the activity or use is consistent with local, state, and federal laws;
(b) Whether
the activity or use complies with the requirements of this division;
(c) Whether
the activity or use, in both nature and timing, will substantially disrupt traditional
public park use or unduly inconvenience park neighbors or the general public;
(d) Whether
the activity or use will have an adverse impact on public health, safety or welfare,
or natural and cultural resource values;
(e) Whether
the activity or use is consistent with any natural or cultural resource management
plans, policies, or procedures of the department;
(f) Whether
the applicant has established their ability to finance, plan and manage the activity
in accordance with sanitation, safety, medical care, fire control, security, crowd,
noise, and traffic control requirements, and consistent with the protection of park
resources;
(g) Whether
the applicant has demonstrated experience in performing similar activities in the
past or has previously done the event at the proposed location;
(h) Whether
the measures planned to mitigate changes in customary park usage or damage to park
resources caused by the activity or use will offset the negative impact of the activity;
(i) Whether
the applicant has demonstrated an ability to fully meet the terms and conditions
of the permit; and
(j) Whether
the activity will have a positive impact on the local community, environment, or
park land or facilities.
(5) The department
will consider applications in the order they are received, however applicants who
have conducted the same event at the same location for at least five continuous
years may reserve their event’s traditional location and date by delivering
a letter of intent to the department no less than nine months in advance of the
planned event date. The applicant must obtain a permit pursuant to this division.
(6) The department
shall administer this division with the objective that persons applying for and
holding a special use permit to use park land receive consistent, predictable and
fair treatment and that the department’s mission is supported.
(7) A person
may not sponsor, promote or conduct a non-traditional park activity on park land
without having first obtained a special use permit from the department.
Stat. Auth.: ORS
184 & 390

Stats. Implemented:
ORS 390.111 & 390.121

Hist.: PR
11-1981(Temp), f. & ef. 6-26-81; PR 15-1981, f. & ef. 11-20-81; PR 11-1986,
f. & ef. 7-9-86; PR 1-1990, f. & cert. ef. 5-14-90; PRD 7-2012, f. &
cert. ef. 10-17-12
736-016-0012
Definitions
As used in this
division unless the context requires otherwise:
(1) “Applicant”
means a person applying for a special use permit for an activity on or use of park
land.
(2) “Application
Fee” means the amount of non-refundable money an applicant pays to the department
when submitting a special use permit application.
(3) “Assign”
means a transfer by the permittee intended to allow another person the use of special
use permit.
(4) “Commercial
Filming” means any still or video filming venture which involves equipment
such as props, sets, lighting, or sound, and is of such a scale that it falls under
OAR 736-016-0005(1).
(5) “Contract”
means a legally executed document signed by the department as defined in OAR 137-046-0110(8).
(6) “Department”
means the Oregon Parks and Recreation Department
(7) “Director”
means the Director of the Oregon Parks and Recreation Department.
(8) “Non-Traditional
Park Use” means any organized activity, gathering or use conducted in whole
or in part on park land, that is not a recreational use allowed by the posted park
regulations or permitted under the provisions of OAR chapter 736, divisions 10,
15, 20 and 21 and which requires a special use permit under this division.
(9) “Park
Land” means any land that is leased, owned or managed by the department including
state parks, waysides and scenic, historic or state recreation areas, including
the Ocean Shore State Recreation area, recreational grounds or places acquired by
the state for scenic, historic, natural, cultural or recreational purposes except
as otherwise provided by law.
(10) “Person”
means an individual at least 18 years of age, a political subdivision or public
agency; any corporation, association, firm, partnership, limited liability company,
joint stock company; or quasi-public corporation registered to do business in the
State of Oregon.
(11) “Public
Agency” means an agency of the federal government, the State of Oregon or
any political subdivision thereof, or county, city, special district or other public
or municipal corporation, and any instrumentality thereof.
(12) “Special
Use Permit” allows uses defined in this division on a specific area of park
land for a specific activity or use under specific terms and conditions defined
in the permit. The permit consists of an approved permit application form, signed
by the park manager or designee and the applicant, and any attachments required
by the department.
(13) “Structure”
means anything placed, constructed, or erected on park land.
(14) “Traditional
Park Use” means a recreational use that park lands or structures were designed
to accommodate in compliance with the posted park regulations or other provisions
of OAR chapter 736, divisions 10, 15, 20 and 21.
Stat. Auth.: ORS
390.124

Stats. Implemented:
ORS 390.111 & 390.121, 390.124

Hist.: PRD
7-2012, f. & cert. ef. 10-17-12
736-016-0015
Special Use
Permit Application Form and Requirements
(1) A person proposing
an activity or use on park land subject to a special use permit under this division
must apply to the department on a form provided by the department. The form will
provide:
(a) Space
to fill in the information required under section (5); and
(b) A current
rate sheet listing overnight, day use and group rates from OAR chapter 736, division
15;
(c) A list
of insurance requirements including the activities or uses considered as high risk
for purposes of insurance limits and the department criteria for evaluation of insurance
adjustments; and
(d) An explanation
of the process and criteria used by the department in evaluating a special use permit
application under this division; and
(e) Examples
of activities that are allowed without a special use permit, activities that will
require a special use permit and activities that will not be allowed, to assist
applicants in determining if they need a special use permit.
(2) An application
for a special use permit must fully complete the form described in section (1) and
be accompanied by an application fee in the amount of $100 unless the department
waives such fee under OAR 736-016-0025.
(3) The department
will not accept applications more than nine months in advance of the activity or
use commencement date.
(4) Unless
an exception is approved by the park manager or designee, the department will not
consider a special use permit application received less than 30 days prior to the
commencement date of the activity or use.
(5) To be
accepted by the park manager or designee for consideration, an application must
include the following information or an explanation why the information is not applicable
to the proposed activity or use:
(a) Date
of application;
(b) Name
of park, ocean shore or other recreation area where the activity or use on park
land is proposed;
(c) Name
and address of applicant;
(d) Name,
address and phone number of the person who will be on site and responsible for the
permit compliance during the activity or use;
(e) Purpose
for which the permit is being requested;
(f) Date(s)
and hour(s) of activity, including setup and cleanup times;
(g) Description
of the activities to be performed on park land;
(h) The number
of participants involved;
(i) A site
plan indicating the location of activities and construction of all facilities, structures
and utilities, including staging areas;
(j) Description
of parking and security arrangements;
(k) Description
of plans for use of amplified sound, alcohol, participant entry/ticket fees and
sale of food, beverages, souvenirs, goods or other services;
(l) A plan
for timely cleanup and restoration of park area;
(m) Subsections
(a) through (l) are not an exclusive list of the elements required for a permit.
The applicant shall anticipate other measures necessary to ensure public safety
and protect park resources, depending upon the character of the park area and conditions
existing at the time.
(6) Any activity
or use shall comply with applicable state and local codes, rules and ordinances.
The applicant will obtain any additional state and local permits required for the
activity or use prior to the beginning of the activity or use. The applicant must
provide the park manager proof that all required permits have been obtained upon
request.
(7) Within
14 calendar days of receiving a complete application, the park manager or designee,
based on an evaluation of the criteria in OAR 736-016-0010 (4), will approve, approve
with conditions, request additional information, or deny the permit application
consistent with the policies set forth in this division.
(8) If the
department determines the application will not meet evaluation criteria provided
in OAR 736-016-0010 (4) the applicant may modify and resubmit the application.
(9) The department
will return a denied application to the applicant with an explanation listing one
or more reasons for denial.
(10) An applicant
may appeal a permit application denied by a department manager to that manager’s
supervisor for reconsideration.
(11) The
department will not require an additional application fee if an application is resubmitted
to the department within 120 days from the date the department returned the application.
Stat. Auth.: ORS
184 & 390.124

Stats. Implemented:
ORS 390.111, 390.121 & 390.124

Hist.: PR
11-1981(Temp), f. & ef. 6-26-81; PR 15-1981, f. & ef. 11-20-81; PR 11-1986,
f. & ef. 7-9-86; PR 5-1992, f. & cert. ef. 9-24-92; PR 7-1994, f. &
cert. ef. 7-11-94; PRD 7-2012, f. & cert. ef. 10-17-12
736-016-0020
Special Use
Permit Conditions and Requirements
(1) Upon the approval
of the permit application, the department will issue a special use permit with the
terms of permit to be strictly observed by the applicant. The permit shall at a
minimum require that:
(a) The applicant
assumes full responsibility and liability for damages or injury to any member of
the public arising out of the activity or use, including personal injury and property
damage, and for any damage to park property, including natural and cultural resources;
(b) The applicant
shall indemnify and hold harmless the State of Oregon, its Parks and Recreation
Commission and members thereof, the Oregon Parks and Recreation Department, and
its officers, agents and employees against any and all damages, claims or causes
of action arising from or in connection with the activity or use;
(c) Prior
to the permit being issued, the applicant shall provide the department proof of
current liability insurance coverage which names the State of Oregon, its Parks
and Recreation Department, its Parks and Recreation Commission, and the officers,
agents and employees thereof as additional insureds. The insurance coverage shall
have limits of not less than $1,000,000. For activities or uses that are assessed
as having high risk exposure (e.g. public fire works displays), insurance of $4,000,000
shall be required, per the maximum level of the State’s Tort Claim Limits,
in ORS 30.271. The department safety and risk manager may reduce or waive insurance
limits if one or more of the following apply:
(A) Insurance
is not required if the applicant is a Cooperative Association with a current agreement
under OAR 736-002-0010 and the activity or use being permitted has been listed on
their annual plan for the current year;
(B) Insurance
is not required if the activity or use being permitted is being conducted in partnership
with OPRD through an agreement with the applicant;
(C) Commercial
insurance is not required if the applicant is a public agency; or
(D) Insurance
requirements may be reduced if approved by the OPRD Safety & Risk Manager based
on a risk assessment considering the level of risk and measures that will be put
in place to reduce risk;
(d) If required
as a condition of the special use permit, the applicant shall deposit with the department
a cash deposit, bond or savings certificate in an amount as specified in the approved
permit at least 72 hours prior to the planned activity or use. This deposit, bond
or savings certificate shall be security for the applicant's faithful performance
of all permit conditions and to cover any damages sustained by the department as
a result of breach. The department shall determine the amount of security based
on exposure and potential for damages from the activity or use.
(2) The department
will not consider an application for a special use permit unless:
(a) The applicant
or its principal representative is at least 18 years of age, or 21 years of age
if alcohol is to be served at the activity or use; and
(b) The applicant
has satisfied all outstanding liabilities and requirements due to the department
and arising out of any prior activity or use involving park land.
(3) A person
may not assign a special use permit to any other person.
(4) The department
may, in its discretion, cancel a special use permit effective immediately on notice
to the applicant in the event of any emergency, significant law enforcement problem,
or substantial threat to public welfare, safety or property arising from or affecting
the activity. The department may cancel a special use permit effective immediately
upon any breach of other permit conditions.
(5) The department
may stop the activity or use, and require the applicant to clear the activity or
use area of visitors, in the event of any emergency, significant law enforcement
problem, substantial threat to public safety or park resources or a violation of
park rules arising out of or related to the activity or use.
(6) The applicant
shall terminate the activity or use immediately upon receipt of notice from the
department that the permit has been cancelled and shall thereupon be responsible
for the immediate cleanup and restoration of the park area.
(7) The department
retains the right to enter onto any park land at any time for purposes of inspection
or management.
(8) The permittee
shall dispose of all solid and liquid waste in manner approved by the department
and shall not permit debris, garbage or other refuse to accumulate or be discharged
into any waterway or ocean shore area.
(9) The
permittee shall not cut, destroy, remove, or permit to be cut, destroyed or removed
any vegetation on park land except with the written permission of the department.
(10) The
permittee shall conduct all operations within the permit area in a manner which
protects natural and cultural resources, protects water quality, and does not contribute
to soil erosion or growth of noxious weeds.
Stat. Auth.: ORS
184 & 390.124

Stats. Implemented:
ORS 390.111, 390.121 & 390.124

Hist.: PR
11-1981(Temp), f. & ef. 6-26-81; PR 15-1981, f. & ef. 11-20-81; PR 11-1986,
f. & ef. 7-9-86; PR 1-1990, f. & cert. ef. 5-14-90; PR 5-1992, f. &
cert. ef. 9-24-92; PRD 7-2012, f. & cert. ef. 10-17-12; PRD 7-2012, f. &
cert. ef. 10-17-12
736-016-0023
Fees and
Charges
(1) In addition
to the use fees in section (2), an applicant must submit a non-refundable permit
application fee of $100. The application fee is waived if the department charges
the applicant a monthly or annual rental lease or access fee.
(2) The applicant
shall pay to the department in advance of the event the following daily use fees
plus any camping and lodging fees established for persons authorized to stay overnight
in connection with the event based on the attendance estimate on the permit application:
(a) Commercial
Film Use:
Number of
Participants — Daily Use Rate
(A) 1–5
— $100;
(B) 6–30
— $150;
(C) 31–60
— $300;
(D) 61 or
more — $400.
(b) Daily
Use Fee: Daily group use rate established in OAR 736-015-0026.
(c) Overnight
Use Fee
(A) Fees
for the use of designated overnight facilities are the standard rate established
in OAR chapter 736, division 15.
(B) Fees
for overnight use of an area not normally designated for overnight use are calculated
at the standard group camp rate established in OAR 736-015-0040.
(3) The department
may increase or decrease fees in section (2) after the event when:
(a) The applicant
requests an adjustment and provides documentation of attendance showing that the
attendance varies more than 10 percent from the estimated attendance; or
(b) The department
has documentation of attendance that varies more than 10 percent from the estimated
attendance.
(4) Special
uses conducted in partnership with the department may have a negotiated fee.
(5) The department
will assess an hourly rate of $20 (minimum four hours) for each department employee
that the department requires to be on site to monitor or assist in the activity
or use.
(6) Annual
or monthly rental, lease and access fees may be assessed and paid to the department.
Stat. Auth.: ORS
184 & 390.124

Stats. Implemented:
ORS 390.111, 390.121 & 390.124

Hist.: PR
5-1992, f. & cert. ef. 9-24-92; PR 7-1994, f. & cert. ef. 7-11-94; PRD 7-2012,
f. & cert. ef. 10-17-12
736-016-0025
Fee Waivers,
Reductions and Exemptions
(1) The department
may exempt public agencies from special use permit requirements upon the department’s
determination that an exemption will not create significant risk to the health and
safety of the public or damage to park resources.
(2) In lieu
of the fees charged under OAR 736-016-0023, the department may allow the applicant
to provide in-kind services or other value in accordance with OAR 736-015-0035.
(3) Special
uses conducted in partnership with the department may have a negotiated fee.
Stat. Auth.: ORS
183 & 390.124

Stats. Implemented:
ORS 390.111, 390.121 & 390.124

Hist.: PR
11-1981(Temp), f. & ef. 6-26-81; PR 15-1981, f. & ef. 11-20-81; PR 11-1986,
f. & ef. 7-9-86; PR 1-1990, f. & cert. 5-14-90; PR 5-1992, f. & cert.
ef. 9-24-92; PRD 7-2012, f. & cert. ef. 10-17-12

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