Caption: The General Park Rules provide
public direction and guidance on use of Oregon State Parks.
Order No.: PRD 1-2011
Filed with Sec. of
Certified to be
Rules Adopted: 736-010-0066
Subject: A new rule is being added to the General Park Area
Rules to provide guidance and an approval process for requests for installing
recognitions and honorary features at State Capitol State Park in response to
numerous requests received from the public and state agencies.
Rules Coordinator: Vanessa DeMoe—(503) 986-0719
State Capitol State Park —
Recognitions and Honorary Features
(1) Purpose. The purpose of this rule is to provide
guidance for honoring individuals, groups, or events that are of exceptional
significance to Oregon or to the history of the nation, while respecting
existing features and aesthetics of the State Capitol State Park and the Capitol
Mall area, as well as the values of Oregonians, in general.
(2) Recognitions and honorary features may include
installations of plantings, traditional park amenities, or features that are
consistent with the department’s State Capitol State Park Comprehensive Plan.
(3) Application and Approval Process.
(a) Persons interested in sponsoring recognitions or
honorary feature shall make application to the director in a manner prescribed
by the department.
(b) The application shall indicate how the proposal
meets the criteria listed in section (4).
(c) The department will review and evaluate the
application and coordinate with the applicant to obtain any additional
information that the department may require to adequately review the proposal.
(d) The director shall determine whether the department
deems a proposal significant or minor, taking into consideration the design,
size, scope, location, construction process, and infrastructure needs of the
(e) The department will appoint a department liaison to
the applicant for significant proposals. The liaison will assist the applicant
with preliminary design and the review process.
(f) The application shall provide an identified
estimate of costs and funding sources for design, construction, regular
maintenance, and repair of the proposed feature.
(g) For significant proposals, the Assistant Director,
Heritage Programs will convene a review committee that may be comprised of a
representative of the State Capitol Foundation, Governor’s Office, Legislative
Administrative Committee, Capitol Planning Commission, City of Salem, a citizen
at large, and at least one representative of an agency whose offices are
located on the Capitol Mall. The review committee shall provide an opportunity
to consider input from the public. It will review significant proposals to
assess their compliance with criteria and objectives prescribed in this rule
and make a recommendation to the director for further action that may include
suggestions for changes to the design or location.
(h) Upon receiving a positive recommendation from the
review committee, the director will present the proposal to the State Parks and
Recreation Commission for consideration and possible approval.
(i) The department accepts no responsibility for any
expenditure incurred by the applicant prior to approval by the Commission or
subsequently. Construction or installation may not begin until the Commission
grants approval and the applicant has obtained all necessary state and local
(j) For minor proposals to place recognitions or
honorary features consisting of small plantings, benches and other small
installations that are consistent with the State Capitol State Park
Comprehensive Plan, the director may consider and approve or deny such requests
without further review or approval.
(4) Criteria for Recognitions and Honorary Features.
(a) The subject of the recognition shall be widely
known and appreciated for great contributions and significance to the state of
Oregon, the history of the nation, or both;
(b) The subject of the recognition, if a person, shall
have been deceased for at least ten years, and if an event, shall have occurred
at least ten years prior;
(c) The proposed feature shall enhance the aesthetics
of the park and shall be consistent with the adopted State Capitol State Park
(d) The proposed feature shall not:
(A) Be located in the open, grassy areas of the Central
Mall and Willson Park ovals;
(B) Disturb major trees and plantings;
(C) interfere with traffic flows or sightlines; or
(D) Disturb other installations and structures;
(e) There shall be demonstrated, statewide, public
support for the recognition or honorary feature;
(f) There shall be specific, valid reasons why other
venues, that have been carefully explored, were not a suitable alternative
(g) The proposed feature shall not create unmitigated
or significant additional liability; repair and maintenance cost; or safety and
security concern, for the department;
(5) Costs. All expenses for design, fabrication, and
installation shall be borne by the applicant. The department shall assist the
applicant to determine the requirements for installation. Prior to
installation, the applicant shall provide for deposit in the Recognition and
Honorary Feature Maintenance Trust Fund an amount equal to 15 percent of the
project replacement value to be expended for maintenance and repair of
recognitions and honorary features in the State Capitol State Park.
(6) Design Approval and Installation.
(a) The department must approve the final design of the
project. The proposed feature must meet all applicable codes and standards.
(b) For projects constructed and installed by the
applicant, the department will assign a project manager to provide construction
inspection and oversight. The applicant is responsible for acquiring all
necessary permits prior to construction.
(c) For projects constructed and installed by the
department on behalf of the applicant, the applicant shall reimburse the
department for the costs of bid preparation, contracting services, permits,
construction inspection and project management oversight.
(d) The applicant shall remain responsible and liable
for the project until it is accepted in writing by the department.
(7) Recognitions and honorary features shall become the
sole property of the department.
(8) The department shall maintain a registry of
existing and future recognitions and honorary features in the agency’s asset
(a) The department shall establish a Recognition and Honorary
Feature Trust Fund from funds provided by applicants and donations. The fund
shall be used to defray the costs of maintenance and repair of recognitions and
honorary features in the State Capitol State Park.
(b) The department may relocate or remove existing
recognitions or honorary features, if determined necessary. The department will
consult a review committee prior to relocation or removal.
(c) If living recognitions or honorary features such as
trees or plantings die, are damaged, or present a hazard to the public or
adjacent buildings or structures, the department may remove or replace them at
its discretion. If plaques or recognition items are associated with the removed
trees or plantings, they will be offered first if possible to the family of the
individual recognized, or secondarily, to the State Capitol Foundation for
Stat. Auth.: ORS 390.050, 390.121
Stats. Implemented: ORS 390.111
Hist.: PRD 1-2011, f. 2-14-11,
cert. ef. 2-15-11
Notes 1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.