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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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PARKS AND RECREATION DEPARTMENT

 

DIVISION 45

OREGON NATURAL AREAS PROGRAM RULES

General Provisions

736-045-0006

Purpose

The purpose of this division is to provide a central and continuing register of areas in Oregon that contain significant natural heritage resources and special species, and describe the process used to register properties on the Oregon Register of Natural Areas.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0011

Definitions

As used in this division, the definitions in ORS 273.563 and 390.005 apply, unless the context provides otherwise:

(1) “Agency” means a local, state or federal, agency, board, commission, or department.

(2) “Commission” means the State Parks and Recreation Commission.

(3) “Committee” means the Natural Areas Advisory Committee.

(4) “Candidate natural area” means a natural resource area that may be considered for registration or dedication.

(5) “Data bank” means the Natural Areas Program inventory of natural heritage resources classification, data analysis, priority setting, owner and other data maintained by the Institute for Natural Resources under ORS 352.239.

(6) “Dedicate” means the formal recognition and protection of a natural area for conservation purposes.

(7) “Department” means Oregon Parks and Recreation Department.

(8) “Director” means the Oregon Parks and Recreation Department Director.

(9) “Instrument” means any written document intended to convey an interest in real property under ORS 93.710, or an agreement between parties according to the Natural Areas Program or the Oregon Natural Areas Plan.

(10) “Introduced plant species” means exotic or non-native species.

(11) “Managed area” means a registered or dedicated state natural area that, by management agreement between the department and private landowner, or agency, the area and its natural heritage resources are maintained in a manner to protect the natural character.

(12) “Management scheme” means a plan that sets forth in detail the responsibilities for the administration of an individual state natural area.

(13) “Natural area” means a unit of land or water or both that may be considered for dedication under ORS 273.563 to 273.591 and that has substantially retained its natural character, or, if altered in character, shall in addition to its natural heritage resource values, be valuable as habitat for plant and animal species or for the study and appreciation of natural features.

(14) “Natural heritage resources” means the terrestrial ecosystems types, aquatic ecosystems types and unique geologic types as defined in the Oregon Natural Areas Plan or a unit of land or water which contains a natural resource.

(15) “Plan” means the Oregon Natural Areas Plan established under ORS 273.578, which governs the Natural Areas Program in selecting natural areas for conservation.

(16) “Program” means the Natural Areas Program as established in ORS 273.566, which provides for the establishment of a limited system of State Natural Area representing a full range of Oregon’s natural resources and includes special species of plants and animals.

(17) “Register” means the Oregon Register of Natural Areas established under ORS 273.581. The Register contains an official list of areas which have significant natural resources and special species.

(18) “Special species” means those species of plants and animals determined by the department to be of significant value in a state natural area and defined in the Plan.

(19) “State natural area” means an area that an individual, organization or public agency dedicates as a state natural area under ORS 273.586. The department classifies property dedicated as a state natural area under ORS 273.586 and this division and owned by the department as a “State Natural Area Reserve.”

(20) “Wildlife” means any wild or free living vertebrate or invertebrate animal.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 & 390.005
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

Natural Areas Advisory Committee

736-045-0100

Composition and Roles

(1) The director may appoint a Natural Areas Advisory Committee composed of nine members as follows:

(a) Three authorized representatives of state agencies with jurisdiction over a managed areas or natural areas that are appropriate for dedication, including:

(A) The department;

(B) Department of State Lands;

(C) Department of Forestry;

(D) Department of Fish and Wildlife;

(E) Department of Education; and

(F) Oregon Department of Transportation;

(b) Two authorized representatives of federal natural resources management agencies, such as the U.S. Forest Service and Bureau of Land Management; and

(c) Four individuals recognized as experts in the ecology of natural areas. Desirable fields of expertise are botany, zoology, terrestrial ecology, aquatic biology and geology;

(2) Members appointed under subsection (1)(c) may serve two consecutive four-year terms on the committee. However, the director shall appoint the first committee members following the effective date of this rule to serve a two, three, or four-year term.

(3) The director shall appoint the chair from the committee membership, considering the recommendations of the committee.

(4) The committee shall meet at times and places specified by the call of the director.

(5) A majority of the members of the committee constitutes a quorum for the transaction of business.

(6) Function and duties of the Natural Areas Advisory Committee. Upon the request of the director, the committee may assist the department in:

(a) Development of policy for the Natural Areas Program through the review and approval of the Oregon Areas Plan;

(b) Reviewing nominations for registration and the voluntary dedication of State Natural Area Reserves, and review instruments of dedication for such areas;

(c) Providing recommendations to the commission, State Land Board, State Board of Forestry, State Fish and Wildlife Commission, State Board of Higher Education and Oregon Transportation Commission regarding areas under their respective jurisdictions which are appropriate for dedication; and

(d) Advising the commission in the adoption of rules that may be considered necessary in carrying out ORS 273.563 to 273.591.

(7) Members of the advisory committee are not entitled to compensation, but in the discretion of the director may be reimbursed from funds available to the department for actual and necessary travel and other expenses incurred by them in the performance of their official duties in the manner and amount provided in ORS 292.495.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.573
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

Schedule of Fees and Charges

736-045-0200

Acceptance of Funds

(1) The department may accept monies for, but not limited to, documents, including records, reports or maps pertaining to Program data, and services under this division.

(2) The department may apply for and accept grants, contributions and assistance from any federal, state or local government agency and any foundation, individual or organization for the purpose of carrying out the provisions of ORS 273.563 to 273.591.

(3) All money received by the department for the purposes of this division shall be paid into the State Treasury and credited to the Natural Areas Program Account.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

Oregon Register of Natural Heritage Resources

736-045-0300

Criteria for Inclusion in or Removal from the Register

The commission must determine criteria for inclusion in the Register to fulfill not only the definition of a natural area but the natural heritage resources and site considerations within the priorities and criteria for conservation in the Plan. The commission, department, the committee upon request pursuant to OAR 736-045-0100(6)(b), and the Institute for Natural Resources pursuant to ORS 352.239(2)(g) will use the following criteria in evaluating a candidate natural area proposed for inclusion in or removal from the Register:

(1) The priority for protection in the Plan of the primary natural heritage resources objective and other natural heritage resources in the candidate natural area;

(2) Whether the natural heritage resource occurrence(s) is an adequate representative of the type;

(3) The extent to which each natural heritage resource has retained its natural character, i.e., a measurement of the degree of human-caused disturbance;

(4) The health and viability of the natural heritage resource occurrence(s), i.e., the ability of each natural heritage resource occurrence to perpetuate itself or its natural sequence of development in the candidate natural area;

(5) The number of natural heritage resources that will be adequately represented in the candidate natural area;

(6) The degree of uniqueness and educational and natural interpretation values of a geologic resource(s);

(7) The priority of protection given in the Plan to each special species of plant or animal;

(8) The contribution the particular candidate natural area will make to the protection of the special species;

(9) Manageability, i.e., the capability of the candidate natural area to be managed to protect and maintain the natural values, as well as to make it available and useful for its designated purposes;

(10) Whether there are alternative methods of accomplishing the same purposes of this division; and

(11) The cost effectiveness of including a candidate natural area in the Register.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591 & 352.239(2)
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0305

Procedures for Registering

The department and the Institute for Natural Resources will review and provide recommendations on proposals for registration and dedication of natural areas for the Register, together with field evaluation, maps and sufficient data to complete the register file. Pursuant to OAR 736-045-0100(6)(b), the director may also request that the committee review a nomination for the Register.

(1) A proposal for the Register of private land shall include the written permission for registration of the landowner.

(2) The commission may place a natural area onto the Register or remove a natural area from the Register. The department will provide recommendation to the commission for its consideration.

(3) A voluntary management agreement may be developed between the department and a private landowner or agency of a natural area on the Register.

(4) The commission may enter onto the Register any candidate natural area that a federal or state agency establishes by public hearing and dedicates under this division.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591 & 352.239(2)(g)
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0310

Register File

The Register may include file(s) of registered state natural areas or state natural area reserves:

(1) The card file may include name of a state natural area, location, size, ownership, register category, and principal natural heritage resource(s) and special species. The card file may be cross referenced by county and principal resource.

(2) The data file may include:

(a) Data form — comprehensive information compiled for each state natural area;

(b) Instrument of dedication or other documents certifying official dedication;

(c) Consent form — written permission for registration for a state natural areas on private land;

(d) Supportive data — includes maps, photographs, remote sensing imagery, species lists, field notes, reports, research papers, and references to other information available;

(e) Cross references to the data bank maintained by the Institute for Natural Resources pursuant to ORS 352.239(2)(f) — to data file, computer and manual file consistent with data bank components;

(f) Implementation data — written management agreement pertaining to the state natural area; and

(g) Summary sheet — a map and one page summary of information about each area which can be duplicated and circulated to appropriate authorities.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591 & 352.239(2)(f)
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0320

Location and Maintenance of Register

The department will maintain the Oregon Register of Natural Areas at the department’s office in Salem, OR.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.581(1)
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0330

Register Review

The department may review and update the Register every five years.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0340

Register Withdrawal

The commission may remove natural areas from the Register. The commission will consider ORS 273.586(4) and the factors in OAR 736-045-0300 in removing a state natural area or state natural area reserve from the Register.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.581(4) &273.586(4).
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

Dedication and Management of a State Natural Area Reserve

736-045-0400

Purpose

The purpose and scope of dedication is to establish and maintain the integrity of the Plan, and the Program, by means of written formal recognition and protection of a natural area of land, water, or both land and water for natural heritage conservation purposes.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0405

Instruments of Dedication

(1) Private dedication — a private individual or organization that is the owner of any registered natural area may voluntarily agree to dedicate that area as a state natural area by executing with the department, an instrument of dedication. Instrument provisions and policies include, but are not limited to, the following:

(a) An agreement that provides each natural heritage resource in the state natural area with the most secure protection obtainable;

(b) An unlimited period of time, or a term sufficiently long to warrant dedication protection;

(c) Permission for conducting scientific research and other activities shall be commensurate with Program objectives; and

(d) Termination of dedication may occur upon written notification to the commission, including specific reasons for termination, and provision by the commission of opportunity for adequate public notice and hearing.

(2) The department shall file an executed instrument of dedication of a state natural area under private ownership under section (1) in the office of the clerk of the county in which any or all of the state natural area is located, and shall be effective upon its recording.

(3) The department shall provide a copy of the dedication and management agreement(s) to the private owner of a state natural area.

(4) Agency dedication — any public agency may dedicate lands under the provisions of ORS 273.563 to 273.591, this division, and the Plan, after providing the opportunity for adequate public notice and hearing.

(5) The Oregon Transportation Commission, the State Fish and Wildlife Commission, the State Board of Forestry, the State Board of Higher Education, and the State Land Board shall, with the advice and assistance of the department, establish procedures for the dedication of state natural areas on land or water, the title of which is held by the State of Oregon, and which is under that agency’s management and control.

(6) Instruments of dedication under sections (1) and (4) shall contain any information or provisions as the private owner, organization or agency and department consider necessary to complete the dedication.

(7) Termination of the dedication of a state natural area by a public agency or a state natural area reserve by the department requires that the terminating agency:

(a) Provide an opportunity for adequate public notice and hearing; and

(b) Makes a finding of either:

(A) An imperative and unavoidable necessity due to natural disaster in the site, need of the natural resource during time of declared war, or the need of the natural resource because of extreme economic crisis of the state; or

(B) That the state natural area or state natural area reserve is no longer needed according to the guidelines of the Plan, or has permanently lost its character, subject to the department’s approval.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.586
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0410

Publicity

The department and the Institute for Natural Resources may develop and make available to private landowners, researchers, agencies and interested persons information about a state natural area or state natural area reserve and appropriate descriptive material. However, publicity which would tend to encourage the general public to visit a state natural area or state natural area reserve in greater numbers than its carrying capacity will be avoided.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591 & 352.239(2)(f).
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0412

Reports

At regular intervals the department may make or cause to be made a record of management activities and other influences affecting each state natural area and state natural area reserve.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0414

Instruments

The instruments of dedication shall include, but not be limited to, the following:

(1) The size, location, purpose, and resources of the state natural area or state natural area reserve;

(2) A management scheme written for each state natural area or state natural area reserve which describes:

(a) The conservation objective of the area;

(b) Proscribed, allowed and prohibited activities on the area; and

(c) Provisions as consistent as possible with OAR 736-045-0410 through 736-045-0448, which, unless otherwise noted, are a part of each management scheme.

(3) Agreements between the department and any agency necessary to establish the state natural area or state natural area reserve.

Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0416

State Natural Area Manager

Notwithstanding the instruments of dedication, managers of state natural areas or state natural area reserves shall not take any action or fail to take any action that is in conflict with an applicable statute, rule, regulation or policy relating to an agency having an interest in or responsibility for the state natural area or state natural area reserve.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0418

Fire

Prescribed fire may only be used as a management tool in such areas or situations where fire is needed to maintain or protect a state natural area or state natural area reserve as an ecosystem type specified in the management scheme.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0420

Water Level Control

Agencies shall manage state natural areas and the department shall manage state natural area reserves to maintain their natural water levels. Water levels which have previously been altered by man may be changed if provided for in the management scheme as essential for the restoration of natural conditions.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0422

Disturbance of Natural Features

The management of state natural area and state natural area reserves shall not include the cutting or removal of vegetation or the disturbance of other natural features, except that which is essential to carry out the management scheme enumerated in this division.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0424

Visitor Protection

Guard rails, fences, steps, and bridges may be provided when essential to the safety of a reasonable alert and cautious visitor.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0426

Erosion Control

Erosion and soil deposition due to disturbances of natural conditions by man within or outside a state natural area or state natural area reserve may be controlled as provided in the management scheme.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0428

Scenic or Landscape Management

No measures or actions shall be taken to alter the natural growth or features of a state natural area or state natural area reserve for the purpose of enhancing its neatness, beauty, or amenities.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0430

Control of Succession

Control of succession may be undertaken only if maintenance or restoration of a particular ecosystem type or preservation of threatened or endangered species is designated in the instruments of dedication as an objective of the state natural area or state natural area reserve. Based on scientific evidence of necessity, successional control measures may be undertaken as provided in the management scheme. Such measures shall be applied with caution and only to that part of the area as is necessary.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0432

Control of Introduced Plant Species

Control of introduced plant species may be undertaken as provided in the management scheme.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0434

Control of Wildlife Populations

The control of wildlife populations on state natural areas and state natural area reserves shall be by agreements between the commission and Oregon Department of Fish and Wildlife, or other agency. As far as practical, any control measures shall be to correct those situations where wildlife populations are significantly affecting natural conditions on a state natural area or state natural area reserve.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - ORS 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0436

Introduction and Management of Special Species

The introduction into or the management of a state natural area or state natural area reserve for special wildlife species shall be by agreement between the commission and the Oregon Department of Fish and Wildlife, Oregon Department of Agriculture or other agency as provided in the management scheme.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0438

Use Tolerance

The management scheme shall set forth the use tolerance or durability of all or any portion of a state natural area or state natural area reserve and specify the steps to be taken if overuse occurs.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0440

Collecting Permits

A person wishing to collect material from a site for the purposes of research, education or restoration within a state natural area or state natural area reserve shall secure written permission from:

(1) The department;

(2) The owner of the land; and

(3) The appropriate agency if any, including but not limited to the Oregon Department of Fish and Wildlife.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0442

Boundary Markers

When feasible, boundaries of a state natural area or state natural area reserve may be made evident by placing markers at corners or other strategic locations or by boundary signs.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0444

Fences

Fences and barriers may be installed as provided in the management scheme.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0446

Trails

The location and specifications of any trails may be established in the management scheme. Trails shall be adequate to provide for permitted use of a state natural area or state natural area reserve, but otherwise kept to a minimum. The use of paving materials, footbridges and elevated walks may be permitted when necessary.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0448

Other Structures and Improvements

Signs and temporary research installations may be permitted within a state natural area or state natural area reserve. No other structures or facilities shall be located within a state natural area or state natural area reserve except as provided in the management scheme or this division.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0500

Amendments

The commission may review and approve or disapprove any modification to the Plan submitted by the department.

Stat. Auth.: ORS 390.124(4)
Stats. Implemented: ORS 273.578(2)
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

736-045-0505

Waiver of Rules

The commission may waive all or any part of this division that would prevent the establishment, management, or protection of a state natural area or state natural area reserve if such rule is in conflict with an applicable statute, rule, regulation, or policy relating to an agency having an interest in or responsibility for the state natural area or the department interest in or responsibility for the state natural area reserve.

Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 273.563 - 273.591
Hist.: PRD 2-2012, f. & cert. ef. 5-4-12; PRD 10-2012, f. & cert. ef. 12-13-12

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