Or. Admin. Code § 629-025-0092

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

Section 629-025-0092 - Closures and Access Restrictions

(1) The State Forester may establish portions of State Forest land that are closed or limited to specific uses or activities by the public. These may differ from State Forest land to State Forest land and from time-to-time, but shall be indicated on the Department website, and on posted signs at the State Forest land that is closed.

(2) Closures will be identified by signs at major points of entry to the restricted portions of the forest and notices placed on the Department's website.

(3) A person may not enter or occupy State Forest land that has been ordered closed by the State Forester.

(a) A person engaging in work under contract with the Department of Forestry may be exempt with written permission from the Forester or their designee.

(b) This restriction does not apply to state employees or law enforcement officers in the performance of their official duties.

(4) A Department employee may seek compliance from the public with a State Forest closure, and may order a person that enters closed lands to leave State Forest land.

(5) A peace officer may seek compliance from the public with a State Forest closure, and may order a person that enters closed lands to leave State Forest land.

(6) The State Forester may designate to Department employees the authority to protect forest resources under section (1). This authority includes actions that may:

(a) Permit or limit specific activities or uses in designated portions of State Forest land;

(b) Designate a location within a State Forest for a single use to avoid conflicts between users;

(c) Restrict access to or close an entire State Forest land;

(d) Restrict access to or close a portion of State Forest land; or

(e) Exclude a person from State Forest land.

(7) A person excluded from State Forest land may contest the exclusion notice by filing a written appeal within seven days of the exclusion date. The person excluded must submit the appeal to the District Forester responsible for the State Forest land where the notice of exclusion was issued.

(8) The following situations are criminal trespass in the second degree, a Class C misdemeanor, per ORS 164.245:

(a) A person ordered to leave State Forest land that remains present;

(b) A person excluded from State Forest land that enters or remains present;

(c) A person enters a closed or restricted portion of State Forest land; and

(d) A person engages in an activity that has been specifically prohibited or restricted on State Forest land or a portion of State Forest land.

Or. Admin. Code § 629-025-0092

DOF 1-2021, adopt filed 07/01/2021, effective 7/1/2021

Statutory/Other Authority: ORS 530.050

Statutes/Other Implemented: ORS 530.050