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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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