Or. Admin. Code § 629-025-0020

Current through Register Vol. 63, No. 11, November 1, 2024

Section 629-025-0020 - Permits - Sponsored Events

(1) Permits Required: A Person must obtain a permit from the Forester to sponsor, promote or conduct any Sponsored Event on State Forest Land.

(2) The Forester may issue a permit for a Sponsored Event when the following requirements are satisfied:

(a) Adequate sanitation, policing, medical facilities, traffic control and other necessary services are provided;

(b) Conflict with traditional recreation activities is minimized;

(c) All expenses, risks, and liabilities are borne by the Sponsors rather than the general public or the Department;

(d) The health, well-being, and personal property of forest users, Persons, neighboring landowners and of the general public are protected; and

(e) Damage to forest resources or improvements is negligible or is reasonably mitigated.

(3) Permit Application Procedure: A Person requesting a permit for a Sponsored Event must complete and submit a permit application including the following information to the Forester at least 60 days prior to the date of the proposed event:

(a) Date of the event;

(b) A map of the proposed event area;

(c) Estimated total and peak attendance at the proposed event;

(d) Estimated total and peak demand for parking at the proposed event;

(e) Name, address, date of birth and phone number of the Sponsor;

(f) Description of the planned activities;

(g) A plan for timely clean-up, and proposed mitigation and restoration activities to ensure potential damage to forest resources or improvements is negligible; and

(h) Additional information the Forester deems necessary.

(4) Compliance With Other Rules: All activities must comply with applicable state and local codes, rules, and ordinances. Additional state and local permits required must be obtained by the Sponsor prior to the beginning of the activity.

(5) Approval or Denial of Permits: The Forester may approve, with conditions, or deny the permit application consistent with the policies set forth in these Division rules. The following must be considered in evaluating the permit applications:

(a) The ability of the Sponsor to finance, plan and manage the proposed activity in accordance with sanitation, safety, medical care, fire control, security, crowd, noise, and traffic control requirements, and in a manner consistent with the protection of forest resources or improvements;

(b) The extent to which the proposed activity, in both nature and timing, threatens interference with traditional recreational use or interferes with the convenience of neighboring landowners and the general public;

(c) The experience of the Sponsor in performing similar activities in the past; and

(d) Measures undertaken to mitigate any changes in traditional recreational use or damage to forest resources or improvements caused by the activity.

(6) Revocation of Permit: The Forester may revoke the permit effective immediately upon notice to the applicant in the event of any emergency, significant law enforcement problem, substantial threat to public welfare, safety or property arising from or likely to affect the activity, or upon any breach of permit conditions. The applicant must terminate the activity immediately upon receipt of notice from the Forester that the permit has been revoked. The Forester may refund, in whole or in part, the permit fee if a permit is revoked in accordance with this subsection only if such amount is not necessary to reimburse the Department for its reasonable and necessary costs related to administration, monitoring, or enforcement activities taken up to and through date of permit revocation.

(7) Permit Modification: The Forester may amend a Sponsored Event permit with the Sponsor's consent.

(8) Miscellaneous Provisions: An application for a Sponsored Event will only be considered by the Forester if:

(a) The Sponsor or its principal representative is at least 18 years of age; and

(b) The Sponsor or sponsor-organization has satisfied all outstanding liabilities and requirements arising out of any prior activity involving property under the jurisdiction of the Forester.

(9) Assignments: A permit is not transferrable and may not be assigned to any other Person without prior written approval of the Forester.

(10) Fees:

(a) Application Fee: The Forester may require a Sponsor to pay an application fee of $150 for the processing and review of a Sponsored Event permit, which is refundable only if the application is withdrawn prior to any review of the application by the Department.

(b) Monitoring and Enforcement Fee:

(A) A Sponsor must pay a monitoring and enforcement fee when, at the Forester's sole discretion, the Forester deems Department personnel are required to undertake monitoring and enforcement of the permit conditions to protect the public, or forest resources or improvements. Situations that may require enforcement and monitoring personnel include, but are not limited to:

(i) Activities involving open fire;

(ii) Activities spanning large spatial areas;

(iii) Activities involving the consumption of alcohol;

(iv) Activities requiring traffic controls; or

(v) Other activities posing significant risk to public or forest resource or improvement safety.

(B) The fee for monitoring and enforcement shall be billed at the actual hourly overtime rate for the assigned Department personnel at the time of the event. The Sponsor shall be responsible for all fees associated with monitoring and enforcement, including travel time of Department personnel to and from the site.

Or. Admin. Code § 629-025-0020

FB 3-1995, f. & cert. ef. 9-15-95; DOF 1-2016, f. & cert. ef. 3/11/2016

Stat. Auth.: ORS 530.050

Stats. Implemented: ORS 530.010 - 530.040