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

 

DIVISION 27

BEACH SALVAGE POLICY

 

736-027-0005

Policy

This rule is adopted pursuant to ORS 390.660 in order to ensure that salvageable objects and materials which are washed up on Oregon ocean shores do not constitute a hazard to beach users or to the beach environment, and that they shall be returned when possible to their rightful owners.

Stat. Auth.: ORS 184 & ORS 390
Stats. Implemented: ORS 390.660
Hist.: PR 15-1984, f. & ef. 12-12-84

736-027-0010

Definitions

For the purposes of this rule, the terms:

(1) "Salvage" or "Salvageable Object" means any object, thing or material, exclusive of driftlogs, which is not in its natural state, and is not a "natural product of the ocean shore" (as used in ORS 390.705 and 37 Opinion of Attorney General 420 (1975)), which is washed up or deposited upon the regulated area;

(2) "Regulated Area" means any part of the ocean shore lying between the extreme low tide line and the line of vegetation described in ORS 390.770, or the line of established upland shore vegetation, whichever is farther inland, and below 16' elevation on headlands, which is located between the Oregon-California State line and the south jetty at the mouth of the Columbia River;

(3) "Beach Fronting a State Park" means all of the ocean shore from the extreme low tide line to the line of vegetation which lies between the two imaginary lines extending perpendicular to the beach from the boundaries of any state park in the regulated area;

(4) "Remove or Removal" means the transportation of any salvage outside the "regulated area."

Stat. Auth.: ORS 184 & ORS 390
Stats. Implemented: ORS 390.660
Hist.: PR 15-1984, f. & ef. 12-12-84; PRD 7-2000, f. & cert. ef. 5-10-00

736-027-0015

Prohibitions

(1) No person shall remove or convert to his own use or possession any salvage from any beach within the regulated area without first having obtained a permit to do so from the Parks and Recreation Department, and no removal shall be permitted, except in strict accordance with the terms of a permit.

(2) These prohibitions do not apply to the collection of common flotsam for personal use, such as glass floats, length of rope or cable of less than 100 feet, and other minor objects commonly picked up by beach users as an incident to their recreational use of the ocean shore. However, when such objects are attached to salvage, such as fixtures on a vessel hull or objects that were apparently packaged or crated in such a manner that they constitute valuable cargo or property of another, the foregoing prohibitions are applicable.

Stat. Auth.: ORS 183.545, ORS 184 & ORS 390.660
Stats. Implemented: ORS 390.660
Hist.: PR 15-1984, f. & ef. 12-12-84; PR 13-1992, f. & cert. ef. 11-12-92

736-027-0020

Time for Removal

(1) Except as provided in section (4) of this rule, an owner of salvage shall have fifteen (15) days from the date he discovers the salvage in which to obtain a permit and remove the salvage.

(2) When the Parks and Recreation Department discovers, or is notified of the discovery of salvage by a party not the owner of the salvage, the Department will take reasonable efforts to identify and notify the owner of such salvage discovered within the regulated area. In instances in which the owner is identifiable and can reasonably be notified, the fifteen-day period for removal, shall begin to run on the date of the postmark of the letter or telegram sent to the owner, or date owner was notified by telephone of the location of the salvage.

(3) If the salvage owner cannot be identified, the Department, fifteen days from the date of discovery, may remove the salvage.

(4) If, after fifteen days from the date of notification, or after any extension thereof granted the salvage owner by the issuing office, the salvage owner fails to remove the salvage, the Department may remove the salvage.

(5) If any salvage shall be determined by the Parks and Recreation Department to be deleterious to the beach environment, to constitute a hazard to beach users or to public or private property, or to constitute an attractive nuisance, the Department may immediately remove such salvage, and/or may take such action as it deems feasible to protect against the hazard.

Stat. Auth.: ORS 183.545, ORS 184 & ORS 390.660
Stats. Implemented: ORS 390.660
Hist.: PR 15-1984, f. & ef. 12-12-84; PR 13-1992, f. & cert. ef. 11-12-92

736-027-0025

Preservation of Salvage

The Parks and Recreation Department does not have the resources to preserve and protect salvage from vandalism, theft and natural forces. It shall be the responsibility of the salvage owner to preserve and protect any and all salvage belonging to the owner.

Stat. Auth.: ORS 183.545, ORS 184 & ORS 390.660
Stats. Implemented: ORS 390.660
Hist.: PR 15-1984, f. & ef. 12-12-84; PR 13-1992, f. & cert. ef. 11-12-92

736-027-0030

Permit

(1) A person who wishes to remove any salvage from the regulated area shall apply for a permit to do so to:

(a) South Coast: (Cape Perpetua to California border), Region Parks Supervisor, 365 N. 4th Street, Coos Bay, OR 97420, Phone: 269-9410.

(b) North Coast: (Cape Perpetua to Columbia River), Region Parks Supervisor, 3600 E. 3rd Street, Tillamook, OR 97141, Phone: 842-5501.

(2) The applicant for a permit to remove salvage from any beach in the regulated area must provide the Department with satisfactory evidence that the applicant is owner of, an agent for the owner of, or has a custodial right to, the salvage.

(3) The applicant for a permit to remove salvage from any beach in the regulated area must provide the Department with the applicant's name, address and telephone number, a designation of the precise beach area on which the applicant wishes to conduct removal operations, the access(es) to and from the beach the applicant wishes to conduct salvage removal operations over, the number and types of equipment to be used, description of the type, quantity, and value of the salvage within the area, and such other information as the issuing office deems necessary to ensure fulfillment of the policies set forth in section (4) of this rule.

(4) The issuing office may in its discretion issue or refuse to issue a permit. In issuing a permit the office may impose such conditions as it deems reasonably necessary to fulfill the following policies. The following criteria shall also be used in determining whether to issue a particular permit:

(a) Protection of scenic and recreational use values of the beaches;

(b) Ensuring orderly retrieval of salvage by the legal owners or custodians;

(c) Protection of shorelines from erosion;

(d) Protection of clam beds, vegetation, intertidal marine life and wildlife habitats;

(e) Protection of public safety by reducing fire hazards, hazards to shoreline structures, and by eliminating other public hazards;

(f) Protection of interests of upland property owners, private and public;

(g) Minimization of adverse impacts of salvage loading and hauling operations.

(5) Permit conditions and restrictions may include, but are not limited to, restrictions on the times and places of removal, the amount and type of equipment used, the provision by the applicant of liability insurance in form and amount satisfactory to the Department, and special restrictions to protect environmentally sensitive areas.

Stat. Auth.: ORS 183.545, ORS 184 & ORS 390.660
Stats. Implemented: ORS 390.660
Hist.: PR 15-1984, f. & ef. 12-12-84; PR 13-1992, f. & cert. ef. 11-12-92

736-027-0035

Action in Emergencies

When prompt action is necessary to protect the value of the salvage, the salvage owner may act to preserve the salvage without having first obtained a permit, but the salvage owner shall be responsible for any damage to public or private property, or to the beach resulting from such action. The owner shall notify the Department of salvage activity as soon as possible after emergency action.

Stat. Auth.: ORS 183.545, ORS 184 & ORS 390.660
Stats. Implemented: ORS 390.660
Hist.: PR 15-1984, f. & ef. 12-12-84; PR 13-1992, f. & cert. ef. 11-12-92

736-027-0040

Disposition of Salvage Removed by Parks

(1) In the event that the Parks and Recreation Department exercises its authority to remove salvage under OAR 736-027-0020(3), (4), or (5), the Department may do so with its own forces, or may arrange for others to perform the removal in its behalf.

(2) Where the salvage consists of a boat which is repairable and the hull and keel are substantially intact, and the Department cannot locate the owner, the Department shall notify the county sheriff, and the boat shall be disposed of as provided in ORS 488.650 – 488.680. If the owner is determined before the sheriff is notified, the owner may take possession of the boat upon payment to the Department of the costs of its removal, any attendant clean-up of beach or facilities, and storage.

(3) Where the salvage consists of any object, thing or material which is not a boat, and the Department cannot locate the owner, the salvage shall be disposed of as provided in ORS 98.005 – 98.025. If the owner is determined before the county clerk is notified pursuant to ORS 98.005, the owner may take possession of the salvage upon payment to the Department of the costs of its removal, any attendant clean-up of beach or facilities, and storage.

Stat. Auth.: ORS 183.545, ORS 184 & ORS 390.660
Stats. Implemented: ORS 390.660
Hist.: PR 15-1984, f. & ef. 12-12-84; PR 13-1992, f. & cert. ef. 11-12-92

736-027-0045

Other Provisions

(1) A salvage removal permit does not constitute a license to trespass on private property -- Permittees may gain access to the beaches only by way of public accesses or with permission of the access owner.

(2) If title to the beach land on which the salvage rests belongs to private persons, then proof of permission to remove the salvage, satisfactory to the issuing office, must be obtained from the private land owner prior to removal of the salvage.

(3) The permittee is responsible for any damage caused to private or public property or injury to persons resulting from his operations.

Stat. Auth.: ORS 184 & ORS 390
Stats. Implemented: ORS 390.660
Hist.: PR 15-1984, f. & ef. 12-12-84

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