Oregon Administrative Rules Chapter 736 - PARKS AND RECREATION DEPARTMENT
Overview of OAR Chapter 736 — Parks and Recreation Department
OAR Chapter 736 contains the administrative rules governing the Oregon Parks and Recreation Department (OPRD). This department manages Oregon’s state parks, recreation areas, historic sites, and natural areas. The rules are designed to regulate the use, protection, and enjoyment of these public resources while balancing conservation and recreation.
Purpose and Scope of OAR Chapter 736
To protect Oregon’s natural, cultural, and recreational resources.
To regulate public behavior and use within state parks and recreation areas.
To ensure safety and accessibility for visitors.
To guide the department’s operations including fees, permits, and resource management.
To preserve natural habitats, historic landmarks, and scenic areas.
Key Provisions of OAR Chapter 736
1. Use and Conduct Regulations
Rules governing visitor conduct such as camping, picnicking, hiking, and fishing.
Prohibitions against littering, vandalism, destruction of natural or cultural resources.
Limitations on use of motor vehicles, boats, and other equipment.
Noise restrictions and rules for pets in parks.
2. Permits and Fees
Procedures for obtaining permits for special activities, events, or commercial uses.
Fee schedules for day use, camping, boat launching, and other park services.
Rules for fee waivers and refunds.
3. Resource Protection
Guidelines for protecting wildlife, plants, and historic sites.
Regulations to prevent erosion, pollution, and invasive species introduction.
Rules about collecting or removing natural materials like firewood or rocks.
4. Safety and Emergency Procedures
Requirements for visitor safety including fire restrictions and weather warnings.
Department authority to close or restrict access to protect public safety or resources.
Procedures for emergency response coordination.
5. Enforcement and Penalties
Authority for park rangers and officers to enforce rules.
Penalties for violations including fines, removal from parks, and criminal charges for serious offenses.
Appeals process for contested violations or permit denials.
Relevant Case Law Related to OAR Chapter 736 and Oregon Parks
While there is relatively limited case law specifically addressing OAR 736, several cases illustrate principles relevant to park management, visitor rights, and administrative authority.
1. Oregon Parks & Recreation Department v. Lambert, 324 Or. 340 (1996)
The Oregon Supreme Court upheld the department’s authority to regulate activities within state parks.
The case affirmed that the department can enforce rules designed to protect park resources and public safety.
Confirmed that reasonable restrictions on visitor conduct are lawful under the agency’s enabling statutes.
2. State ex rel. Parks and Recreation Dept. v. Johnson, 104 Or. App. 22 (1990)
This case involved enforcement actions against a visitor who violated park rules.
The court supported the use of administrative penalties for rule violations and the department’s authority to issue citations.
Reinforced the importance of administrative enforcement in preserving public resources.
3. Doe v. Oregon Parks and Recreation Dept., 298 Or. 123 (1985)
Concerned due process in enforcement actions.
The court held that individuals must be given fair notice of park rules and an opportunity to contest violations.
Emphasized procedural protections in administrative enforcement under OAR Chapter 736.
How OAR Chapter 736 Works in Practice
Visitors to Oregon state parks must comply with posted rules on conduct, fees, and permits.
Park rangers enforce rules and may issue citations or fines.
The department balances public access with protection of natural and historic resources.
Special permits are required for commercial or large group activities.
Emergency closures may occur due to weather, wildfires, or safety hazards.
Summary
OAR Chapter 736 provides a comprehensive regulatory framework to:
Manage and protect Oregon’s state parks and recreation areas,
Regulate visitor use and conduct,
Enforce safety and conservation rules,
Implement fees and permitting,
Ensure fair and lawful enforcement of park regulations.
Case law supports the department’s authority to enforce these rules and emphasizes procedural fairness in enforcement.
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