OAR 734-035-0200: Designation and Posting of Real Property as Closed to Public Entry

(1) The purpose of this rule is to identify the circumstances under which the Department of Transportation will designate and post real property owned or controlled by the department as closed to public entry for purposes other than those authorized by statute, rule or express permission of the department. This rule does not restrict the use of the highway for transportation purposes or access onto the highway allowed under Oregon Administrative Rule Chapter 734, Division 51. (a) The department manager responsible for the real property may designate real property as closed to public entry for the following purposes: (A) To ensure the safe construction, maintenance, operation and use of transportation facilities; (B) To ensure the health and safety of department employees, contractors, or the general public; (C) To prevent damage or loss to department property; (D) To prevent damage to natural resources, including but not limited to soil, water, wetlands, and other environmentally-sensitive lands; (E) To prevent damage, vandalism, theft or other loss of cultural or archeological resources. (b) Decisions to designate real property as closed to pubic entry made on or after January 1, 2015 will be documented by the department manager. (c) The department will provide notice of the designation under section (1) in a manner reasonably calculated to apprise the public that entry is prohibited, including but not limited to the posting of conspicuous signage. (d) Signage posted under this section will, at minimum, include the statement of “No Trespass.” (2) Public entry or placing of any personal property upon department real property designated as closed to public entry under this rule is prohibited. Violators may be subject to citation under the laws of the State or local ordinance and asked to leave the area without delay.