OAR 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.