Oregon Fencing Licensing Law

Oregon Code · 42 sections

The following is the full text of Oregon’s fencing licensing law statutes as published in the Oregon Code. For the official version, see the Oregon Legislature.

ORS 105.465

105.465, a seller shall deliver in substantially the following form the seller�s property disclosure statement to each buyer who makes a written offer to purchase real property in this state:

INSTRUCTIONS TO THE SELLER

Please complete the following form. Do not leave any spaces blank. Please refer to the line number(s) of the question(s) when you provide your explanation(s). If you are not claiming an exclusion or refusing to provide the form under ORS 105.475 (4), you should date and sign each page of this disclosure statement and each attachment.

Each seller of residential property described in ORS 105.465 must deliver this form to each buyer who makes a written offer to purchase. Under ORS 105.475 (4), refusal to provide this form gives the buyer the right to revoke their offer at any time prior to closing the transaction. Use only the section(s) of the form that apply to the transaction for which the form is used. If you are claiming an exclusion under ORS 105.470, fill out only Section 1.

An exclusion may be claimed only if the seller qualifies for the exclusion under the law. If not excluded, the seller must disclose the condition of the property or the buyer may revoke their offer to purchase anytime prior to closing the transaction. Questions regarding the legal consequences of the seller�s choice should be directed to a qualified attorney.

(DO NOT FILL OUT THIS SECTION UNLESS YOU ARE CLAIMING AN EXCLUSION UNDER ORS 105.470)

Section 1. EXCLUSION FROM ORS 105.462 TO 105.490:

You may claim an exclusion under ORS 105.470 only if you qualify under the statute. If you are not claiming an exclusion, you must fill out Section 2 of this form completely.

Initial only the exclusion you wish to claim.

_ This is the first sale of a dwelling never occupied. The dwelling is constructed or installed under building or installation permit(s) #, issued by _____.

_____ This sale is by a financial institution that acquired the property as custodian, agent or trustee, or by foreclosure or deed in lieu of foreclosure.

_____ The seller is a court appointed receiver, personal representative, trustee, conservator or guardian.

_____ This sale or transfer is by a governmental agency.

Signature(s) of Seller claiming exclusion

Date __

Buyer(s) to acknowledge Seller�s claim

Date __

(IF YOU DID NOT CLAIM AN EXCLUSION IN SECTION 1, YOU MUST FILL OUT THIS SECTION.)

Section 2. SELLER�S PROPERTY DISCLOSURE STATEMENT

(NOT A WARRANTY)

(ORS 105.464)

NOTICE TO THE BUYER: THE FOLLOWING REPRESENTATIONS ARE MADE BY THE SELLER(S) CONCERNING THE CONDITION OF THE PROPERTY LOCATED AT

___ (�THE PROPERTY�).

DISCLOSURES CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER�S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. BUYER HAS FIVE DAYS FROM THE SELLER�S DELIVERY OF THIS SELLER�S DISCLOSURE STATEMENT TO REVOKE BUYER�S OFFER BY DELIVERING BUYER�S SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER�S DISCLOSURE STATEMENT, UNLESS BUYER WAIVES THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF THIS PROPERTY, BUYER IS ADVISED TO OBTAIN AND PAY FOR THE SERVICES OF A QUALIFIED SPECIALIST TO INSPECT THE PROPERTY ON BUYER�S BEHALF INCLUDING, FOR EXAMPLE, ONE OR MORE OF THE FOLLOWING: ARCHITECTS, ENGINEERS, PLUMBERS, ELECTRICIANS, ROOFERS, ENVIRONMENTAL INSPECTORS, BUILDING INSPECTORS, CERTIFIED HOME INSPECTORS, OR PEST AND DRY ROT INSPECTORS.

Seller _ is/ ___ is not occupying the property.

I. SELLER�S REPRESENTATIONS:

The following are representations made by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or any real estate licensee engaged by the seller or the buyer.

If you mark yes on items with , attach a copy or explain on an attached sheet.

�� 1.�� TITLE

�� A.� Do you have legal authority to sell the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *B. Is title to the property subject to any of the

�� following:�� [ ]Yes� [ ]No�� [ ]Unknown

�� (1) First right of refusal

�� (2) Option

�� (3) Lease or rental agreement

�� (4) Other listing

�� (5) Life estate?

�� *C. Is the property being transferred an

�� unlawfully established unit of land?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *D. Are there any encroachments, boundary

�� agreements, boundary disputes or recent

�� boundary changes?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *E. Are there any rights of way, easements,

�� licenses, access limitations or claims that

�� may affect your interest in the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Are there any agreements for joint

�� maintenance of an easement or right of way?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *G. Are there any governmental studies, designations,

�� zoning overlays, surveys or notices that would

�� affect the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *H. Are there any pending or existing governmental

�� assessments against the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *I.� Are there any zoning violations or

�� nonconforming uses?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *J. Is there a boundary survey for the

�� property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *K. Are there any covenants, conditions,

�� restrictions or private assessments that

�� affect the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *L. Is the property subject to any special tax

�� assessment or tax treatment that may result

�� in levy of additional taxes if the property

�� is sold?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 2.�� WATER

�� A.� Household water

�� (1) The source of the water is (check ALL that apply):

�� [ ]Public [ ]Community [ ]Private

�� [ ]Other __

�� (2) Water source information:

�� *a. Does the water source require a water permit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, do you have a permit?�� [ ]Yes� [ ]No

�� b.�� Is the water source located on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If not, are there any written agreements for

�� a shared water source?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *c. Is there an easement (recorded or unrecorded)

�� for your access to or maintenance of the water

�� source?�� [ ]Yes� [ ]No�� [ ]Unknown

�� d.�� If the source of water is from a well or spring,

�� have you had any of the following in the past

�� 12 months? [ ]Flow test [ ]Bacteria test

�� [ ]Chemical contents test�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *e. Are there any water source plumbing problems

�� or needed repairs?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Are there any water treatment systems for

�� the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� [ ]Leased [ ]Owned

�� B.� Irrigation

�� (1) Are there any [ ] water rights or [ ] other

�� irrigation rights for the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *(2) If any exist, has the irrigation water been

�� used during the last five-year period?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� *(3) Is there a water rights certificate or other

�� written evidence available?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� C.� Outdoor sprinkler system

�� (1) Is there an outdoor sprinkler system for the

�� property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Has a back flow valve been installed?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) Is the outdoor sprinkler system operable?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 3.�� SEWAGE SYSTEM

�� A.� Is the property connected to a public or

�� community sewage system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Are there any new public or community sewage

�� systems proposed for the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Is the property connected to an on-site septic

�� system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (1) If yes, when was the system installed?�� __�� [ ]Unknown�� [ ]NA

�� (2) *If yes, was the system installed by permit?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) *Has the system been repaired or altered?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (4) *Has the condition of the system been

�� evaluated and a report issued?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (5) Has the septic tank ever been pumped?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, when?�� __�� [ ]NA

�� (6) Does the system have a pump?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (7) Does the system have a treatment unit such

�� as a sand filter or an aerobic unit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (8) *Is a service contract for routine

�� maintenance required for the system?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (9) Are all components of the system located on

�� the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� *Are there any sewage system problems or

�� needed repairs?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Does your sewage system require on-site

�� pumping to another level?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 4.�� DWELLING INSULATION

�� A.� Is there insulation in the:

�� (1) Ceiling?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Exterior walls?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Floors?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Are there any defective insulated doors or

�� windows?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 5.�� DWELLING STRUCTURE

�� *A. Has the roof leaked?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, has it been repaired?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� B.� Are there any additions, conversions or

�� remodeling?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, was a building permit required?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, was a building permit obtained?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, was final inspection obtained?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� C.� Are there smoke alarms or detectors?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Are there carbon monoxide alarms?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Is there a woodstove or fireplace

�� insert included in the sale?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, what is the make? __

�� *If yes, was it installed with a permit?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, is a certification label issued by the

�� United States Environmental Protection

�� Agency (EPA) or the Department of

�� Environmental Quality (DEQ) affixed to it?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Has pest and dry rot, structural or

�� whole house� inspection been done

�� within the last three years?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *G. Are there any moisture problems, areas of water

�� penetration, mildew odors or other moisture

�� conditions (especially in the basement)?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, explain on attached sheet the frequency

�� and extent of problem and any insurance claims,

�� repairs or remediation done.

�� H.� Is there a sump pump on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� I.�� Are there any materials used in the

�� construction of the structure that are or

�� have been the subject of a recall, class

�� action suit, settlement or litigation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, what are the materials? __

�� (1) Are there problems with the materials?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (2) Are the materials covered by a warranty?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (3) Have the materials been inspected?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (4) Have there ever been claims filed for these

�� materials by you or by previous owners?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� If yes, when? __

�� (5) Was money received?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� (6) Were any of the materials repaired or

�� replaced?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 6.�� DWELLING SYSTEMS AND FIXTURES

�� If the following systems or fixtures are included

�� in the purchase price, are they in good working

�� order on the date this form is signed?

�� A.� Electrical system, including wiring, switches,

�� outlets and service�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Plumbing system, including pipes, faucets,

�� fixtures and toilets�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Water heater tank�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Garbage disposal�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� E.�� Built-in range and oven�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� F.�� Built-in dishwasher�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� G.� Sump pump�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� H.� Heating and cooling systems�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� I.�� Security system [ ]Owned [ ]Leased�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� J.�� Are there any materials or products used in

�� the systems and fixtures that are or have

�� been the subject of a recall, class action

�� suit settlement or litigation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, what product? ___

�� (1) Are there problems with the product?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (2) Is the product covered by a warranty?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (3) Has the product been inspected?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (4) Have claims been filed for this product

�� by you or by previous owners?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, when? ___

�� (5) Was money received?�� [ ]Yes� [ ]No�� [ ]Unknown

�� (6) Were any of the materials or products repaired

�� or replaced?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 7.�� COMMON INTEREST

�� A.� Is there a Home Owners� Association

�� or other governing entity?�� [ ]Yes� [ ]No�� [ ]Unknown

�� Name of Association or Other Governing

�� Entity ___

�� Contact Person ______

�� Address ____

�� Phone Number ______

�� B.� Regular periodic assessments: $_____

�� per [ ]Month [ ]Year [ ]Other

�� *C. Are there any pending or proposed special

�� assessments?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Are there shared �common areas� or joint

�� maintenance agreements for facilities like

�� walls, fences, pools, tennis courts, walkways

�� or other areas co-owned in undivided interest

�� with others?�� [ ]Yes� [ ]No�� [ ]Unknown

�� E.�� Is the Home Owners� Association or other

�� governing entity a party to pending litigation

�� or subject to an unsatisfied judgment?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� F.�� Is the property in violation of recorded

�� covenants, conditions and restrictions or in

�� violation of other bylaws or governing rules,

�� whether recorded or not?�� [ ]Yes� [ ]No�� [ ]Unknown�� [ ]NA

�� 8.�� SEISMIC

�� Was the house constructed before 1974?�� [ ]Yes� [ ]No�� [ ]Unknown

�� If yes, has the house been bolted to its

�� foundation?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 9.�� GENERAL

�� A.� Are there problems with settling, soil,

�� standing water or drainage on the property

�� or in the immediate area?�� [ ]Yes� [ ]No�� [ ]Unknown

�� B.� Does the property contain fill?�� [ ]Yes� [ ]No�� [ ]Unknown

�� C.� Is there any material damage to the property or

�� any of the structure(s) from fire, wind, floods,

�� beach movements, earthquake, expansive soils

�� or landslides?�� [ ]Yes� [ ]No�� [ ]Unknown

�� D.� Is the property in a designated floodplain?�� [ ]Yes� [ ]No�� [ ]Unknown

�� Note: Flood insurance may be required for

�� homes in a floodplain.

�� E.�� Is the property in a designated slide or

�� other geologic hazard zone?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *F. Has any portion of the property been tested

�� or treated for asbestos, formaldehyde, radon

�� gas, lead-based paint, mold, fuel or chemical

�� storage tanks or contaminated soil or water?�� [ ]Yes� [ ]No�� [ ]Unknown

�� G.� Are there any tanks or underground storage

�� tanks (e.g., septic, chemical, fuel, etc.)

�� on the property?�� [ ]Yes� [ ]No�� [ ]Unknown

�� H.� Has the property ever been used as an illegal

�� drug manufacturing or distribution site?�� [ ]Yes� [ ]No�� [ ]Unknown

�� *If yes, was a Certificate of Fitness issued?�� [ ]Yes� [ ]No�� [ ]Unknown

�� 10. FULL DISCLOSURE BY SELLERS

�� *A. Are there any other material defects affecting

�� this property or its value that a prospective

�� buyer should know about?�� [ ]Yes� [ ]No

�� *If yes, describe the defect on attached sheet and

�� explain the frequency and extent of the problem

�� and any insurance claims, repairs or remediation.

�� B.� Verification:

�� The foregoing answers and attached explanations (if any) are complete and correct to

the best of my/our knowledge and I/we have received a copy of this disclosure statement.

I/we authorize my/our agents to deliver a copy of this disclosure statement to all

prospective buyers of the property or their agents.

�� Seller(s) signature:

�� SELLER ___ DATE __

II. BUYER�S ACKNOWLEDGMENT

A. As buyer(s), I/we acknowledge the duty to pay diligent attention to any material defects that are known to me/us or can be known by me/us by utilizing diligent attention and observation.

B. Each buyer acknowledges and understands that the disclosures set forth in this statement and in any amendments to this statement are made only by the seller and are not the representations of any financial institution that may have made or may make a loan pertaining to the property, or that may have or take a security interest in the property, or of any real estate licensee engaged by the seller or buyer. A financial institution or real estate licensee is not bound by and has no liability with respect to any representation, misrepresentation, omission, error or inaccuracy contained in another party�s disclosure statement required by this section or any amendment to the disclosure statement.

C. Buyer (which term includes all persons signing the �buyer�s acknowledgment� portion of this disclosure statement below) hereby acknowledges receipt of a copy of this disclosure statement (including attachments, if any) bearing seller�s signature(s).

DISCLOSURES, IF ANY, CONTAINED IN THIS FORM ARE PROVIDED BY THE SELLER ON THE BASIS OF SELLER�S ACTUAL KNOWLEDGE OF THE PROPERTY AT THE TIME OF DISCLOSURE. IF THE SELLER HAS FILLED OUT SECTION 2 OF THIS FORM, YOU, THE BUYER, HAVE FIVE DAYS FROM THE SELLER�S DELIVERY OF THIS DISCLOSURE STATEMENT TO REVOKE YOUR OFFER BY DELIVERING YOUR SEPARATE SIGNED WRITTEN STATEMENT OF REVOCATION TO THE SELLER DISAPPROVING THE SELLER�S DISCLOSURE UNLESS YOU WAIVE THIS RIGHT AT OR PRIOR TO ENTERING INTO A SALE AGREEMENT.

BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS SELLER�S PROPERTY DISCLOSURE STATEMENT.

BUYER ___ DATE __

Agent receiving disclosure statement on buyer�s behalf to sign and date:

Real Estate Licensee

Real Estate Firm

Date received by agent __

[2003 c.328 �3; 2007 c.30 �13; 2007 c.866 �8; 2009 c.387 �18; 2009 c.591 �14a; 2013 c.435 �1; 2017 c.147 �1; 2019 c.584 �1; 2023 c.9 �5; 2025 c.590 �15]

�� 105.465 Application of ORS 105.462 to 105.490, 696.301 and 696.870; disclosure statement. (1) The provisions of ORS 105.462 to 105.490, 696.301 and 696.870:

�� (a) Apply to the real property described in subparagraphs (A) to (D) of this paragraph unless the buyer indicates to the seller, which indication shall be conclusive, that the buyer will use the real property for purposes other than a residence for the buyer or the buyer�s spouse, parent or child:

�� (A) Real property consisting of or improved by one to four dwelling units;

�� (B) A condominium unit as defined in ORS 100.005 and not subject to disclosure under ORS 100.705;

�� (C) A timeshare property as defined in ORS 94.803 and not subject to disclosure under ORS

ORS 161.015

161.015, to another person; or

�� (B)(i) Is specifically designed or modified to cause, and is presently capable of causing, serious physical injury as defined in ORS 161.015; and

�� (ii) The design or modification causes serious physical injury, as defined in ORS 161.015, to another person.

�� (3) Subsection (1) of this section does not apply if:

�� (a) The person uses the unmanned aircraft system to release, discharge, propel or eject a nonlethal projectile for purposes other than to injure or kill persons or animals;

�� (b) The person uses the unmanned aircraft system for nonrecreational purposes in compliance with specific authorization from the Federal Aviation Administration;

�� (c) The person notifies the Oregon Department of Aviation, the Oregon State Police and any other agency that issues a permit or license for the activity requiring the use of the unmanned aircraft system of the time and location at which the person intends to use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile at least five days before the person uses the system;

�� (d) If the person intends to use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile in an area open to the public, the person provides reasonable notice to the public of the time and location at which the person intends to use the unmanned aircraft system; and

�� (e) The person maintains a liability insurance policy in an amount not less than $1 million that covers injury resulting from use of the unmanned aircraft system.

�� (4) The notification requirement of subsection (3)(c) of this section does not apply to:

�� (a) A career school licensed under ORS 345.010 to 345.340;

�� (b) A community college as defined in ORS 341.005;

�� (c) A school;

�� (d) The Oregon Health and Science University;

�� (e) A public university listed in ORS 352.002; or

�� (f) An institution that is exempt from ORS 348.594 to 348.615 under ORS 348.597 (2).

�� (5) Notwithstanding subsection (3) of this section, a person may not use an unmanned aircraft system that is capable of releasing, discharging, propelling or ejecting a projectile for purposes of crowd management.

�� (6) As used in this section, �school� means a public or private institution of learning providing instruction at levels kindergarten through grade 12, or their equivalents. [2013 c.686 �10; 2015 c.315 �9; 2016 c.72 �2; 2017 c.502 �1; 2018 c.120 �6]

�� Note: See note under 837.300.

�� 837.370 Operation over privately owned premises; penalties. (1) Except as provided in subsection (2) of this section, a person may not operate an unmanned aircraft system over the boundaries of privately owned premises in a manner so as to intentionally, knowingly or recklessly harass or annoy the owner or occupant of the privately owned premises.

�� (2) Subsection (1) of this section does not apply to the use of an unmanned aircraft system by a law enforcement agency under ORS 837.335.

�� (3)(a) Except as provided in paragraphs (b) and (c) of this subsection, violation of subsection (1) of this section is a Class B violation.

�� (b) If, at the time of the offense, the person has one prior conviction under this section, violation of subsection (1) of this section is a Class A violation.

�� (c) If, at the time of the offense, the person has two or more prior convictions under this section, violation of subsection (1) of this section is a Class B misdemeanor.

�� (d) If the court imposes a sentence of probation for a violation under paragraph (c) of this subsection, the court may order as a condition of probation that the person may not possess an unmanned aircraft system. [2017 c.502 �4]

�� Note: See note under 837.300.

�� 837.372 Operation over critical infrastructure facility; penalty. (1) As used in this section, �critical infrastructure facility� means any of the following facilities, if completely enclosed by a fence or other physical barrier that is obviously designed to exclude intruders, or if marked with a sign conspicuously posted on the property that indicates that entry is forbidden:

�� (a) A petroleum or alumina refinery;

�� (b) An electrical power generating facility, substation, switching station or electrical control center;

�� (c) A chemical, polymer or rubber manufacturing facility;

�� (d) A water intake structure, water treatment facility, wastewater treatment plant or pump station;

�� (e) A natural gas compressor station;

�� (f) A liquid natural gas terminal or storage facility;

�� (g) A telecommunications central switching office;

�� (h) A port, railroad switching yard, trucking terminal or other freight transportation facility;

�� (i) A gas processing plant, including a plant used in the processing, treatment or fractionation of natural gas;

�� (j) A transmission facility used by a federally licensed radio or television station;

�� (k) A steelmaking facility that uses an electric arc furnace to make steel;

�� (L) A dam that is classified as a high hazard by the Water Resources Department;

�� (m) Any portion of an aboveground oil, gas or chemical pipeline that is enclosed by a fence or other physical barrier that is obviously designed to exclude intruders; or

�� (n) A correctional facility or law enforcement facility.

�� (2) Except as provided in subsection (3) of this section, a person commits a Class A violation if the person intentionally or knowingly:

�� (a) Operates an unmanned aircraft system over a critical infrastructure facility at an altitude not higher than 400 feet above ground level; or

�� (b) Allows an unmanned aircraft system to make contact with a critical infrastructure facility, including any person or object on the premises of or within the facility.

�� (3) This section does not apply to:

�� (a) The federal government.

�� (b) A public body.

�� (c) A law enforcement agency.

�� (d) A person under contract with or otherwise acting under the direction or on behalf of the federal government, a public body or a law enforcement agency.

�� (e) An owner or operator of the critical infrastructure facility.

�� (f) A person who has the prior written consent of the owner or operator of the critical infrastructure facility.

�� (g) The owner or occupant of the property on which the critical infrastructure facility is located.

�� (h) A person who has the prior written consent of the owner or occupant of the property on which the critical infrastructure facility is located.

�� (i) A person operating an unmanned aircraft system for commercial purposes in compliance with authorization granted by the Federal Aviation Administration. [2016 c.72 �13]

�� Note: See note under 837.300.

�� 837.374 Reckless interference with aircraft; penalties. (1) Except as provided in subsection (5) of this section, a person commits a Class A violation if the person possesses or controls an unmanned aircraft system and recklessly causes the unmanned aircraft system to:

�� (a) Direct a laser at an aircraft while the aircraft is in the air;

�� (b) Crash into an aircraft while the aircraft is in the air; or

�� (c) Prevent the takeoff or landing of an aircraft.

�� (2) A person commits a Class B misdemeanor if the person possesses or controls an unmanned aircraft system and recklessly causes the unmanned aircraft system to interfere with a law enforcement, firefighting, search and rescue or emergency response effort.

�� (3) Except as provided in subsection (5) of this section, a person commits a Class A misdemeanor if the person possesses or controls an unmanned aircraft system and knowingly or intentionally causes the unmanned aircraft system to:

�� (a) Direct a laser at an aircraft while the aircraft is in the air;

�� (b) Crash into an aircraft while the aircraft is in the air; or

�� (c) Prevent the takeoff or landing of an aircraft.

�� (4) Except as provided in subsection (5) of this section, a person commits a Class C felony if the person possesses or controls an unmanned aircraft system and knowingly or intentionally causes the unmanned aircraft system to interfere with a law enforcement, firefighting, search and rescue or emergency response effort.

�� (5) A person commits a Class A felony if the person possesses or controls an unmanned aircraft system and knowingly, intentionally or recklessly causes death or serious physical injury, as defined in ORS 161.015, to another person by causing the unmanned aircraft system to:

�� (a) Direct a laser at an aircraft while the aircraft is in the air;

�� (b) Crash into an aircraft while the aircraft is in the air;

�� (c) Prevent the takeoff or landing of an aircraft; or

�� (d) Interfere with a law enforcement, firefighting, search and rescue or emergency response effort.

�� (6) Notwithstanding subsections (1) and (2) of this section, a person commits a Class A misdemeanor if the person violates subsection (1) or (2) of this section and the person has one or more convictions under subsection (1) or (2) of this section at the time of the offense.

�� (7) In addition to and not in lieu of any other sentence the court may impose, upon a person�s second or subsequent conviction under this section, the court shall, at the time of sentencing, declare the unmanned aircraft system used in the offense to be contraband and order that the unmanned aircraft system be forfeited. [2016 c.72 �5; 2019 c.337 �1; 2023 c.114 �1; 2023 c.249 �1; 2025 c.604 �1]

�� Note: See note under 837.300.

(Civil Remedies)

�� 837.375 Interference with an unmanned aircraft system; unauthorized control. In addition to any other remedies allowed by law, a person who intentionally interferes with, or gains unauthorized control over, an unmanned aircraft system licensed by the Federal Aviation Administration, or operated by the Armed Forces of the United States as defined in ORS 352.313, an agency of the United States or a federal, state or local law enforcement agency, is liable to the owner of the unmanned aircraft system in an amount of not less than $5,000. The court shall award reasonable attorney fees to a prevailing plaintiff in an action under this section. [2013 c.686 �14; 2015 c.315 �10]

�� Note: See note under 837.300.

�� 837.380 Action by owner of real property; Attorney General. (1) Except as provided in subsections (2) and (3) of this section, a person who owns or lawfully occupies real property in this state may bring an action against any person or public body that operates an unmanned aircraft system that is flown over the property if:

�� (a) The operator of the unmanned aircraft system has flown the unmanned aircraft system over the property on at least one previous occasion; and

�� (b) The person notified the owner or operator of the unmanned aircraft system that the person did not want the unmanned aircraft system flown over the property.

�� (2) A person may not bring an action under this section if:

�� (a) The unmanned aircraft system is lawfully in the flight path for landing at an airport, airfield or runway; and

�� (b) The unmanned aircraft system is in the process of taking off or landing.

�� (3) A person may not bring an action under this section if the unmanned aircraft system is operated for commercial purposes in compliance with authorization granted by the Federal Aviation Administration. This subsection does not preclude a person from bringing another civil action, including but not limited to an action for invasion of privacy or an action for invasion of personal privacy under ORS

ORS 167.404

167.404]

�� 167.780 Sale or dispensing of tobacco products or inhalant delivery systems by vending machine. (1) As used in this section and ORS 167.775, �vending machine� means a device that, upon the insertion of tokens, money or another form of payment, dispenses tobacco products or inhalant delivery systems.

�� (2) A person may not sell or dispense tobacco products or inhalant delivery systems from a vending machine, except in an establishment where the premises are permanently and entirely off-limits to persons under 21 years of age as required by rules adopted by the Oregon Liquor and Cannabis Commission.

�� (3) A person who violates this section commits a Class B violation. Each day that the person commits the violation constitutes a separate offense. [Formerly 167.402; 2021 c.351 �6]

�� 167.785 [Formerly 167.400; repealed by 2021 c.586 �19]

MISCELLANEOUS

�� 167.808 Unlawful possession of inhalants. (1) For the purposes of this section:

�� (a) �Inhalant� means any glue, cement or other substance that is capable of causing intoxication and that contains one or more of the following chemical compounds:

�� (A) Acetone;

�� (B) Amyl acetate;

�� (C) Benzol or benzene;

�� (D) Butane;

�� (E) Butyl acetate;

�� (F) Butyl alcohol;

�� (G) Carbon tetrachloride;

�� (H) Chloroform;

�� (I) Cyclohexanone;

�� (J) Difluoroethane;

�� (K) Ethanol or ethyl alcohol;

�� (L) Ethyl acetate;

�� (M) Hexane;

�� (N) Isopropanol or isopropyl alcohol;

�� (O) Isopropyl acetate;

�� (P) Methyl cellosolve acetate;

�� (Q) Methyl ethyl ketone;

�� (R) Methyl isobutyl ketone;

�� (S) Nitrous oxide;

�� (T) Toluol or toluene;

�� (U) Trichloroethylene;

�� (V) Tricresyl phosphate;

�� (W) Xylol or xylene; or

�� (X) Any other solvent, material, substance, chemical or combination thereof having the property of releasing toxic vapors or fumes.

�� (b) �Intoxication� means any mental or physical impairment or incapacity.

�� (2) It is unlawful for a person to possess any inhalant if the person intends to use the inhalant for the purpose of inducing intoxication in the person who possesses the inhalant or for the purpose of inducing intoxication in any other person.

�� (3) A person may not use any inhalant for the purpose of inducing intoxication in the person using the inhalant or for the purpose of inducing intoxication in any other person.

�� (4) The prohibitions of this section do not apply to any substance that:

�� (a) Has been prescribed by a health practitioner, as described in ORS 31.740, and that is used in the manner prescribed by the health practitioner; or

�� (b) Is administered or used under the supervision of a health practitioner, as described in ORS 31.740.

�� (5)(a) Any person who violates this section commits a violation. Violation of this section is a Class C violation. In addition to or in lieu of a fine, a juvenile court may require that a minor who engages in conduct prohibited by this section be provided with treatment and counseling.

�� (b) Notwithstanding paragraph (a) of this subsection, a second or subsequent violation of this section by a person is a Class B misdemeanor. If a juvenile court finds that a minor has engaged in conduct prohibited by this section on a second or subsequent occasion, the court shall require that the minor receive treatment and counseling. [1999 c.229 �1; 1999 c.1051 �322f; 2011 c.597 �81]

�� 167.810 Creating a hazard. (1) A person commits the crime of creating a hazard if:

�� (a) The person intentionally maintains or leaves in a place accessible to children a container with a compartment of more than one and one-half cubic feet capacity and a door or lid which locks or fastens automatically when closed and which cannot easily be opened from the inside; or

�� (b) Being the owner or otherwise having possession of property upon which there is a well, cistern, cesspool, excavation or other hole of a depth of four feet or more and a top width of 12 inches or more, the owner intentionally fails or refuses to cover or fence it with a suitable protective construction.

�� (2) Creating a hazard is a Class B misdemeanor. [1971 c.743 �284]

�� 167.820 Concealing the birth of an infant. (1) A person commits the crime of concealing the birth of an infant if the person conceals the corpse of a newborn child with intent to conceal the fact of its birth or to prevent a determination of whether it was born dead or alive.

�� (2) Concealing the birth of an infant is a Class A misdemeanor. [1971 c.743 �286]

�� 167.822 Improper repair of a vehicle inflatable restraint system. (1) A person commits the crime of improper repair of a vehicle inflatable restraint system if the person knowingly:

�� (a) Installs as part of a vehicle inflatable restraint system an object that is not designed in accordance with federal safety regulations for the make, model and year of the motor vehicle; or

�� (b) If requested to repair or replace a vehicle inflatable restraint system, fails to install an object that is required to make a vehicle inflatable restraint system comply with federal safety regulations for the make, model and year of the motor vehicle.

�� (2) Improper repair of a vehicle inflatable restraint system is a Class A misdemeanor. [2001 c.439 �1]

�� 167.824 Unlawful possession of undeployed air bags or air bag canisters. (1) A person may not possess more than two undeployed air bags or air bag canisters containing sodium azide that have been removed from a vehicle. This subsection does not apply to motor vehicle dealers, automobile repair facilities or dismantlers certified under ORS 822.110.

�� (2) A violation of subsection (1) of this section is a Class C misdemeanor. [2005 c.514 �2; 2005 c.654 �13b]

�� 167.830 Employment of minors in place of public entertainment. Except as provided in ORS 167.840, any person operating or conducting a place of public amusement or entertainment, who employs or allows a child under the age of 18 years to conduct or assist in conducting any public dance, including but not limited to dancing by the child as a public performance, or to assist in or furnish music for public dancing, commits a Class D violation. [1971 c.743 �292; 1987 c.905 �18; 1999 c.1051 �163]

�� 167.840 Application of ORS 167.830 limited. (1) ORS 167.830 does not apply if:

�� (a) Alcoholic beverages are not permitted to be dispensed or consumed in the place of public amusement or entertainment open to the individuals attending the public dance;

�� (b) Alcoholic beverages are not permitted to be dispensed or consumed in any place connected by an entrance to the place of public amusement or entertainment;

�� (c) Applicable laws, regulations and ordinances for the protection of children under the age of 18 years are observed in the conduct of the dance; and

�� (d) At least one responsible adult is present at all times during the public dance to see that applicable laws, regulations and ordinances for the protection of children under 18 years of age are observed.

�� (2) ORS 167.830 does not apply if the child has the written permission of the judge of the juvenile court, for the county in which the child resides, to conduct or assist in conducting the public dance. The judge of the juvenile court shall grant such permission only if:

�� (a) The parents or legal guardians of the child have consented to the child�s participation in such activity; and

�� (b) The judge has found that participation in such activity will not be inconsistent with the health, safety and morals of the child.

�� (3) This section is not intended to make lawful any activity that is prohibited within a political subdivision of this state by ordinance or other regulation of the political subdivision.

�� (4) The requirements of this section are in addition to, and not in lieu of, the requirements of ORS 653.315. [1971 c.743 �293]

�� 167.850 [1971 c.743 �226; repealed by 1985 c.662 �15]

�� 167.860 [1971 c.596 �1; 1973 c.836 �345; 1985 c.662 �7; renumbered 167.345]

�� 167.862 [1983 c.648 �1; 1985 c.662 �9; renumbered 167.350]

�� 167.865 [1977 c.539 �2; renumbered

ORS 181A.205

181A.205. However, if the federal bureau policy authorizing return or destruction of the fingerprint cards is changed, a district shall cease to cause the cards to be sent to the federal bureau but shall continue to process the information through other available resources.

�� (6) If the Federal Bureau of Investigation returns the fingerprint cards to the Department of State Police, the Department of State Police shall destroy the fingerprint cards and may not retain facsimiles or other material from which a fingerprint can be reproduced, except that the Department of State Police may retain the fingerprint cards or create facsimiles for the purpose of providing information under ORS 181A.205.

�� (7) If only a state criminal records check is conducted, after the criminal records check is completed, the Department of State Police shall destroy the fingerprint cards and the results of the criminal records check provided to the district and may not retain facsimiles or other material from which a fingerprint can be reproduced, except that the Department of State Police may retain the fingerprint cards and results or create facsimiles for the purpose of providing information under ORS 181A.205.

�� (8) The district and the Department of State Police shall permit a subject individual to inspect the individual�s own Oregon and Federal Bureau of Investigation criminal offender records after positive fingerprint identification has been made.

�� (9)(a) A district, subject to rules adopted by the Oregon Department of Administrative Services under ORS 181A.215, shall determine whether a subject individual is fit to operate motor vehicles for the transportation of passengers in the public transportation system of the district or to hold a position or provide services that provide the individual with access to critical infrastructure or security sensitive facilities or information. If a subject individual is determined to be unfit, then that person shall not be allowed to operate motor vehicles for the transportation of passengers in the public transportation system of the district or to hold the position or provide services that provide the individual with access to critical infrastructure or security sensitive facilities or information.

�� (b) In making the fitness determination, the district shall consider:

�� (A) The nature of the crime;

�� (B) The facts that support the conviction or pending indictment or indicate the making of a false statement;

�� (C) The relevancy, if any, of the crime or the false statement to the specific requirements of the subject individual�s present or proposed position or employment; and

�� (D) Intervening circumstances relevant to the responsibilities and circumstances of the position or employment, such as:

�� (i) The passage of time since the commission of the crime;

�� (ii) The age of the person at the time of the crime;

�� (iii) The likelihood of a repetition of offenses; and

�� (iv) The subsequent commission of another relevant crime and the recommendation of an employer.

�� (10) A district shall develop a system that maintains information regarding criminal records checks in order to minimize the administrative burden that criminal records check requirements impose upon subject individuals and providers. Records maintained under this subsection for subject individuals are confidential and may not be disseminated except for the purposes of this section and in accordance with the relevant resolutions of the district. Nothing in this subsection permits a district to retain fingerprint cards of subject individuals.

�� (11) A district, in consultation with the Department of State Police and affected provider groups, shall adopt resolutions to implement this section and other statutes relating to criminal offender information. The resolutions may include but need not be limited to:

�� (a) Specifying which employees are authorized to make criminal record inquiries;

�� (b) Identifying applicable categories of subject individuals as specified by the Oregon Department of Administrative Services under ORS 181A.215 who are subject to criminal records checks by the district;

�� (c) Identifying applicable information that may be required from a subject individual to permit a criminal records check as specified by the Oregon Department of Administrative Services under ORS 181A.215;

�� (d) Specifying which services or qualified entities are subject to this section;

�� (e) Specifying when a district, in lieu of conducting a completely new criminal records check, may proceed to make a fitness determination under this section using the information maintained by the district under subsection (10) of this section; and

�� (f) Determining when a subject individual may be hired on a probationary basis pending a criminal records check, provided that if there is any indication of criminal behavior by the subject individual, the resolution must require that, if the individual is hired, the individual can be hired only on a probationary basis and must be actively supervised at all times when the individual is in contact with children, the elderly or persons with disabilities.

�� (12) Criminal offender information is confidential. The Department of State Police shall adopt rules to restrict dissemination of information received under this section to persons with a demonstrated and legitimate need to know the information. Any district receiving information pursuant to this section is bound by the rules of disclosure adopted by the department.

�� (13) If a subject individual refuses to consent to the criminal records check or refuses to be fingerprinted, the district or qualified entity shall deny or terminate the employment of the individual, or revoke or deny any applicable position, authority to provide services or employment.

�� (14) A district shall define by resolution the conditions under which subject individuals may participate in training, orientation and work activities pending completion of a criminal records check through the Law Enforcement Data System or nationwide criminal records check. At a minimum, subject individuals shall be actively supervised at all times that they are in contact with children, the elderly and persons with disabilities during such periods of training, orientation and work. Subject individuals may continue probationary employment while awaiting the nationwide criminal records check as long as the individual�s criminal records check through the Law Enforcement Data System did not result in disqualification and there are no other indications of criminal behavior.

�� (15) If a district or a qualified entity requires a criminal records check of employees or other persons, the application forms of the district or qualified entity must contain a notice that employment is subject to fingerprinting and a criminal records check as required by this section. [1999 c.1057 �3; 2005 c.730 �65; 2015 c.705 �4; 2015 c.758 �4]

�� Note: 267.237 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 267 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 267.240 Accessibility of facilities and equipment to elderly persons and persons who have disabilities. (1) In carrying out its duties under ORS 267.200, the district shall provide, for persons who are elderly or have disabilities, a program of transportation that:

�� (a) Is devised in consultation with and after solicitation of the views of persons representative of the communities for which such transportation shall be provided; and

�� (b) Gives due regard to parity of service.

�� (2) In carrying out its duties under ORS 267.200 (4), the district shall cause its future facilities and new equipment to be of such types as to make such facilities and equipment accessible to, and usable by, persons who are elderly or have disabilities. However, contracts for equipment are exempt from this requirement until such equipment:

�� (a) Is available from not less than two manufacturers in mass producible quantities; and

�� (b) Conforms to designs approved by the Federal Transit Administration of the United States Department of Transportation as providing access to and being usable by persons who are elderly or have disabilities.

�� (3) Notwithstanding subsection (2) of this section or any other provision of the law of this state, a program for transportation of persons who are elderly or have disabilities shall be deemed to be in compliance with the laws of this state and rules promulgated thereunder if the program satisfies subsection (1) of this section and the federal regulations relating to transportation for persons who are elderly or have disabilities promulgated by the Federal Transit Administration of the United States Department of Transportation. [1974 c.50 �2; 1981 c.621 �1; 1989 c.224 �37; 1993 c.741 �23; 2007 c.70 �59]

�� 267.245 District exempt from right of way fencing requirements. The provisions of ORS 608.310 shall not apply in respect to property operated by a mass transit district as part of a mass transit system. [1977 c.420 �2]

�� Note: 267.245 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 267 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 267.247 Acquisition of district lands by adverse possession or operation of statute of limitations prohibited. The rights of a mass transit district to lands owned by the district are not extinguished by adverse possession. A person may not acquire title or property rights to lands owned by the district through operation of a statute of limitations. [2009 c.307 �1]

�� Note: 267.247 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 267 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

(Withdrawal of Territory From District)

�� 267.250 Definitions for ORS 267.250 to 267.263. As used in ORS 267.250 to 267.263:

�� (1) �Affected area� means a contiguous area of not less than one square mile in which 200 or more district electors reside and which is within the boundaries of a district, but is outside the boundaries of any city with a population exceeding 10,000. However, the term does not include an area if the withdrawal of that area from the district results in the district having two or more noncontiguous parts.

�� (2) �Direct service,� with respect to an affected area described in a petition filed under ORS 267.253, means the location or placement of any of the facilities of the district or of any route used by the transit system of the district within one mile of any boundary of the affected area. [1987 c.799 �2; 1999 c.444 ��1,2]

�� 267.253 Petition for withdrawal from district; filing period; number of signatures; contents of petition. (1) If the electors of an affected area wish to withdraw from a district, they may file a petition for withdrawal with the district board at the times and in the manner provided for in this section. However, if the formation of the district was initiated under ORS 267.107, the petition for withdrawal may not include any area within the urban growth boundary described in ORS 267.114.

�� (2) A petition for withdrawal under this section may be filed only during the period from January 1 to August 30 in calendar year 2001 and in every fifth calendar year thereafter.

�� (3) A petition for withdrawal under this section shall be signed by not less than 15 percent of the electors registered in the affected area described in the petition.

�� (4) A petition filed under this section shall contain substantially the following:

�� (a) A statement that the petition is filed pursuant to ORS 267.250 to 267.263;

�� (b) The names of the district and all affected counties; and

�� (c) A request that proceedings be commenced for the withdrawal of the affected area from the district.

�� (5) There shall be attached to the petition a map which clearly and precisely shows the exterior boundaries of the affected area by reference to prominent landmarks such as streets, highways, rivers or the boundaries of cities and counties. The map shall be used in lieu of a metes and bounds or legal description of the affected area.

�� (6) The district board, within five days after receiving a petition filed under this section which conforms to the requirements of this section, shall file the petition with the county clerk of each county in which any part of the affected area is located for signature verification. [1987 c.799 �3; 1999 c.444 �4; 1999 c.454 �4]

�� 267.255 Hearing on petition; notice. (1) When a county clerk to whom a petition is submitted under ORS 267.253 certifies that the petition contains the number of valid signatures required under ORS 267.253, the district board shall schedule a public hearing on the petition. A district board may hold a single public hearing with respect to two or more petitions.

�� (2) The district board shall schedule the public hearing for a date which is not earlier than the 20th day after the date on which the study of the affected area required under ORS 267.257 is completed, but which is not later than the 90th day after the board receives certification from the county clerk under subsection (1) of this section.

�� (3) The district board shall have notice of the hearing printed once in a newspaper in general circulation within the district. The notice shall be published at least five days prior to the hearing. Notice of the published hearing shall also be posted in at least four different locations within the affected area that are customarily used for the purpose of posting public notice. The notice shall be posted not less than 15 days prior to the date specified in the notice for the hearing and shall be posted for not less than five consecutive days. The notice required under this section shall contain the time and place of the hearing, the purpose of the hearing, a description of the affected area, the extent to which taxes imposed by the district will be increased in the remaining portions of the district as a result of the withdrawal of the affected area, the date on which the district board intends to finally dispose of the petition under ORS

ORS 184.628

184.628.

�� (2) �Commission� means the Oregon Transportation Commission.

�� (3) �Department� means the Department of Transportation.

�� (4) �Director� means the Director of Transportation.

�� (5) �Federal funds� means any funds provided by the United States for cooperative road work with states, counties, cities or other municipal subdivisions of the state under Acts of Congress enacted for those purposes.

�� (6) �Highway� means every public way, road, street, thoroughfare and place, including bridges, viaducts and other structures within the boundaries of this state, open, used or intended for use of the general public for vehicles or vehicular traffic as a matter of right.

�� (7) �Highway fund� means the State Highway Fund.

�� (8) �State highway� means any road or highway designated as such by law or by the Oregon Transportation Commission pursuant to law and includes both primary and secondary state highways.

�� (9) �This Act� means this chapter and ORS 105.760, 373.010, 373.015, 373.020 and 373.030. [Amended by 1969 c.599 �16; 1973 c.249 �28; 1979 c.186 �8; 1989 c.904 �34; 1993 c.741 �34; 2003 c.618 �44]

�� 366.010 �County court� and �road� or �highway� defined. As used in this Act:

�� (1) �County court� includes all county officers or boards charged by law with the duty of building, constructing, repairing, altering or maintaining roads or bridges, or both.

�� (2) �Road� or �highway� includes necessary bridges and culverts, and city streets, subject to such restrictions and limitations as are provided.

�� 366.015 [Repealed by 2015 c.138 �9]

�� 366.105 [Amended by 1969 c.599 �17; 1971 c.598 �1; 1973 c.249 �29; 1979 c.186 �9; repealed by 1993 c.741 �147]

�� 366.110 [Amended by 1969 c.314 �29; repealed by 1973 c.249 �91]

�� 366.112 Bicycle lane and path advisory committee; members, terms, duties and powers; meetings. (1) There is created in the Department of Transportation an advisory committee to be appointed by the Governor to advise the department regarding the regulation of bicycle traffic and the establishment of bicycle lanes and paths. The committee shall consist of eight members including an employee of a unit of local government employed in land use planning, a representative of a recognized environmental group, a person engaged in the business of selling or repairing bicycles, a member designated by the Oregon Recreation Trails Advisory Council, and at least one member under the age of 21 at the time of appointment. Members of the advisory committee shall be entitled to compensation and expenses as provided by ORS 292.495.

�� (2) The members shall be appointed to serve for terms of four years each. A vacancy on the committee shall be filled by appointment by the Governor for the unexpired term.

�� (3) The committee shall meet regularly four times a year, at times and places fixed by the chairperson of the committee. The committee may meet at other times upon notice by the chairperson or three members of the committee. The department shall provide office space and personnel to assist the committee as requested by the chairperson, within the limits of available funds. The committee shall adopt rules to govern its proceedings and may select officers it considers necessary. [1973 c.716 �1; 1993 c.741 �35]

Note: 366.112 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.115 [Repealed by 1973 c.249 �91]

�� 366.120 [Repealed by 1973 c.249 �91]

�� 366.125 [Repealed by 1973 c.249 �91]

�� 366.130 [Repealed by 1971 c.418 �23]

�� 366.135 [Amended by 1953 c.129 �2; repealed by 1973 c.249 �91]

�� 366.140 [Amended by 1953 c.129 �2; repealed by 1973 c.249 �91]

�� 366.145 [Amended by 1971 c.598 �2; 1973 c.249 �30; 1979 c.186 �10; repealed by 1993 c.741 �147]

�� 366.150 [Amended by 1971 c.598 �3; 1973 c.249 �31; renumbered 184.626 in 2017]

�� 366.155 Duties and powers of department regarding highways; assistance to counties and State Parks and Recreation Department. (1) The Department of Transportation shall, among other things:

�� (a) So far as practicable, compile statistics relative to the public highways of the state and collect all information in regard thereto which the Director of Transportation may deem important or of value in connection with highway location, construction, maintenance, improvement or operation.

�� (b) Keep on file in the office of the department copies of all plans, specifications and estimates prepared by the department.

�� (c) Make all necessary surveys for the location or relocation of highways and cause to be made and kept in the department a general highway plan of the state.

�� (d) Collect and compile information and statistics relative to the mileage, character and condition of highways and bridges in the different counties in the state, both with respect to state and county highways.

�� (e) Investigate and determine the methods of road construction best adapted in the various counties or sections of the state, giving due regard to the topography, natural character and availability of road-building materials and the cost of building and maintaining roads under this Act.

�� (f) Prepare surveys, plans, specifications and estimates for the construction, reconstruction, improvement, maintenance and repair of any bridge, street, road and highway. In advertising for bids on any such project the director shall invite bids in conformity with such plans and specifications.

�� (g) Keep an accurate and detailed account of all moneys expended in the location, survey, construction, reconstruction, improvement, maintenance or operation of highways, roads and streets, including costs for rights of way, under this Act, and keep a record of the number of miles so located, constructed, maintained or operated in each county, the date of construction, the width of such highways and the cost per mile for the construction and maintenance of the highways.

�� (h) Upon request of a county governing body, assist the county on matters relating to road location, construction or maintenance. Plans and specifications for bridges or culverts that are provided under this paragraph shall be provided without cost to the 10 counties with the lowest ratio of road miles maintained by each county to registered vehicles. Standard specifications for road projects shall be provided without cost to all counties. The Department of Transportation shall determine an amount to be charged for assistance under this paragraph in establishing specifications and standards for roads under ORS 368.036. The costs of assistance not specifically provided for under this paragraph shall be paid as provided by agreement between the county governing body and the director.

�� (i) Upon request of the State Parks and Recreation Department, assist the State Parks and Recreation Department in evaluating the potential need for construction, reconstruction, improvement, maintenance or operation of highways, roads and streets that would result if the State Parks and Recreation Commission acquired and developed a new historic site, park or recreation area under the criteria established pursuant to ORS 390.112 or any other criteria for acquisition established by the State Parks and Recreation Commission.

�� (2) The director may require duties with respect to audits and accounting procedures provided for in this section and ORS 366.165 to be performed and responsibilities to be assumed by the fiscal officer of the department appointed under ORS 184.637.

�� (3) In carrying out the duties set forth in this section, the director shall act in a manner that is consistent with the goal set forth in ORS 468B.155. [Amended by 1967 c.454 �33; 1971 c.598 �4; 1973 c.249 �32; 1981 c.153 �60; 1989 c.345 �6; 1989 c.833 �49; 1993 c.741 �36; 1995 c.79 �201; 1999 c.1038 �1; 2003 c.618 �22; 2017 c.750 �74; 2018 c.93 �7]

�� 366.157 Program for prevention and cleanup of litter and vandalism. The Department of Transportation shall administer a program for the involvement of youth in the prevention and cleanup of litter and vandalism. [Formerly 802.080; 2007 c.667 �5; 2009 c.463 �12]

�� 366.158 Adopt-a-Highway Program; rules. (1) As used in this section:

�� (a) �Noxious weeds� means any weed the State Department of Agriculture designates by rule as a noxious weed.

�� (b) �Pesticide� has the meaning given that term in ORS 634.006.

�� (2) The Department of Transportation shall administer a program aimed toward beautifying and cleaning state roadsides. The program shall include public informational activities, but shall be directed primarily toward encouraging and facilitating involvement of volunteer groups in litter cleanup work and removal of noxious weeds on a specific section of highway. The program shall be called the Oregon Adopt-a-Highway Program. Moneys for the program shall be provided from funds available to the department. The department may adopt any rules it considers necessary for implementation of the Oregon Adopt-a-Highway Program.

�� (3) An agreement entered into between the department and a volunteer group pursuant to subsection (2) of this section shall include but need not be limited to:

�� (a) Identification of the designated section of highway. The volunteer group may request a specific section of highway it wishes to adopt, but the assignment shall be at the discretion of the department.

�� (b) Specification of the duties of the volunteer group. The group shall choose one or both of the following activities:

�� (A) Removal of litter along the designated section of highway at least four times each year.

�� (B) Removal of noxious weeds, along the designated section of highway at least twice each year, using a method other than pesticide and in accordance with rules adopted by the State Department of Agriculture.

�� (c) Specification of the responsibilities of the volunteer group. The group shall agree to abide by all rules related to the program that are adopted by the department.

�� (d) Duration of the agreement. The volunteer group may contract to care for the designated section of highway for one, two or three years.

�� (4) A sign identifying the group and recognizing the group�s contribution shall be placed by the department at each end of the section of highway adopted by the group unless the department determines that doing so would be unsafe to persons using the highway.

�� (5) The department shall provide reflective vests, garbage bags and highway signs for the participating volunteer groups. [1991 c.486 �2; 2009 c.547 �1]

�� 366.159 Vegetation control permit; fee. (1) The Department of Transportation may issue a vegetation control permit to a person who holds a sign permit issued pursuant to ORS 377.700 to 377.844. A vegetation control permit authorizes the holder of the permit to control vegetation in the right of way of a state highway, in accordance with the provisions of this section, in order to keep the sign visible to the traveling public.

�� (2) The department may not issue a vegetation control permit for a scenic area as defined in ORS 377.505.

�� (3) The department may not issue a vegetation control permit for the right of way of a portion of state highway that is access controlled, or for which access rights have not accrued to the abutting property unless:

�� (a) Access to the right of way is from the abutting property; and

�� (b) The access does not breach, violate, destroy or otherwise diminish the effectiveness or purpose of fences or other physical barriers to the right of way.

�� (4) The department may charge a fee to the person issued a vegetation control permit under this section. The amount of the fee shall be determined by the department and shall be designed to recover the cost to the department of issuing the permit. [2001 c.508 �7]

�� 366.160 [Amended by 1967 c.454 �34; 1971 c.598 �5; 1973 c.249 �33; 1979 c.186 �11; repealed by 1989 c.345 �7; 1991 c.486 �2]

�� 366.161 Prevention of wildlife-vehicle collisions; coordination of efforts. (1) The Department of Transportation shall establish a program to reduce wildlife-vehicle collisions and promote public safety in priority areas where wildlife corridors identified in the Wildlife Corridor Action Plan by the State Department of Fish and Wildlife intersect with proposed or existing public roads.

�� (2) The program must include, but need not be limited to:

�� (a) Feasibility studies;

�� (b) Plans for creating or modifying road infrastructure in a manner that reduces wildlife-vehicle collisions and promotes public safety;

�� (c) Updates to wildlife guidance materials and standards, and to specifications of highways, to incorporate wildlife crossing and wildlife-vehicle collision reduction features into the design, construction and modification of highways;

�� (d) A training program, established in coordination with the State Department of Fish and Wildlife, that is designed to educate relevant Department of Transportation employees and other stakeholders on the interaction of transportation systems and infrastructure with wildlife and wildlife habitats; and

�� (e) A list of priority projects to reduce collisions between wildlife and vehicles that:

�� (A) Is developed jointly with the State Department of Fish and Wildlife, with opportunity for public input; and

�� (B) Is made publicly available on a website of the Department of Transportation.

�� (3) The program may include but need not be limited to the use of wildlife crossing structures and roadway fencing.

�� (4) To the extent practicable, the Department of Transportation shall coordinate with local governments, as defined in ORS 174.116, and the tribal governments for tribes and bands listed under ORS 172.110, to achieve the goals of the program described in this section.

�� (5) Under the program, and in coordination with the State Department of Fish and Wildlife, the Department of Transportation shall consider and, to the maximum extent feasible, plan for and incorporate measures and infrastructure to promote the avoidance, minimization and mitigation of impacts to wildlife corridor connectivity from the construction, improvement, operation and maintenance of transportation infrastructure throughout this state.

�� (6) Projects under the program that impact threatened or endangered species, or species of greatest conservation need as identified by the State Department of Fish and Wildlife, must include mitigation of impacts and crossing infrastructure, to the greatest extent feasible. [2019 c.272 �4; 2025 c.42 �1]

�� Note: 366.161 and 366.162 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.162 Prevention of wildlife-vehicle collisions; biennial report. (1) The Department of Transportation shall report biennially regarding the status of the program required under ORS 366.161 to interim or regular Senate and House committees relating to natural resources in the manner provided by ORS 192.245.

�� (2) The report must include, but not be limited to:

�� (a) Information concerning the number and types of wildlife corridor infrastructure projects that have been established, studied or planned;

�� (b) A description of a timeline for implementing the proposed and prioritized wildlife corridor infrastructure projects;

�� (c) An estimate of the costs and funding sources for proposed and prioritized wildlife corridor infrastructure projects;

�� (d) A description of actions the department has taken to secure funding for the program, including from all relevant federal grant opportunities and other public and private funding sources;

�� (e) A strategy for ongoing funding for the program, including department plans to:

�� (A) Ensure the existence of one or more dedicated funding sources that meet program needs; and

�� (B) Secure federal competitive grants;

�� (f) A description of the realized or expected effects of established, studied or planned wildlife corridor infrastructure projects on the number of wildlife-vehicle collisions; and

�� (g) A description of efforts and successes of the advisory group described in section 2, chapter 42, Oregon Laws 2025, including efforts and successes related to:

�� (A) Moneys directed to projects through public-private funding partnerships;

�� (B) Community and stakeholder engagement; and

�� (C) Addressing priority areas, as described in ORS 366.161 (1). [2019 c.272 �5; 2025 c.42 �4]

�� Note: The amendments to 366.162 by section 5, chapter 42, Oregon Laws 2025, become operative January 2, 2035. See section 6, chapter 42, Oregon Laws 2025. The text that is operative on and after January 2, 2035, is set forth for the user�s convenience. 366.162. (1) The Department of Transportation shall report biennially regarding the status of the program required under ORS 366.161 to interim or regular Senate and House committees relating to natural resources in the manner provided by ORS 192.245.

�� (2) The report must include, but not be limited to:

�� (a) Information concerning the number and types of wildlife corridor infrastructure projects that have been established, studied or planned;

�� (b) A description of a timeline for implementing the proposed and prioritized wildlife corridor infrastructure projects;

�� (c) An estimate of the costs and funding sources for proposed and prioritized wildlife corridor infrastructure projects;

�� (d) A description of actions the department has taken to secure funding for the program, including from all relevant federal grant opportunities and other public and private funding sources;

�� (e) A strategy for ongoing funding for the program, including department plans to:

�� (A) Ensure the existence of one or more dedicated funding sources that meet program needs; and

�� (B) Secure federal competitive grants; and

�� (f) A description of the realized or expected effects of established, studied or planned wildlife corridor infrastructure projects on the number of wildlife-vehicle collisions.

�� Note: See note under 366.161.

�� Note: Sections 2 and 3, chapter 42, Oregon Laws 2025, provide:

�� Sec. 2. (1) To inform the program described in ORS 366.161, the Department of Transportation and the State Department of Fish and Wildlife shall enter into a joint memorandum of understanding under which the agencies shall establish an advisory group for:

�� (a) Collaborating on the goals of the program;

�� (b) Coordinating the capacity, resources and fundraising opportunities and assistance;

�� (c) Sharing relevant science;

�� (d) Coordinating community outreach; and

�� (e) Assisting with identifying priority areas and priority projects to reduce wildlife-vehicle conflicts and improve habitat connectivity.

�� (2) The memorandum of understanding may designate a willing nongovernmental entity to serve as a neutral facilitator of the advisory group.

�� (3) The advisory group shall:

�� (a) Consist of diverse participants, such as participants from federal, state and local governments, academia and nonprofit organizations, as well as participants with biology and engineering backgrounds.

�� (b) Meet on a regular basis, and at least once annually through December 31, 2033.

�� (4) The Department of Transportation shall make available on a department website the materials from meetings of the advisory group and any recommendations from the advisory group. [2025 c.42 �2]

�� Sec. 3. Section 2 of this 2025 Act is repealed on January 2, 2035. [2025 c.42 �3]

�� 366.165 Revolving fund. (1) The revolving fund in the amount of $400,000 established by warrant drawn on any fund belonging to the state highway funds in favor of the Director of Transportation is continued.

�� (2) The revolving fund shall be deposited with the State Treasurer. The fund shall be at the disposal of the director. The director may designate persons authorized to pay claims from the fund and shall specify the maximum amount of money each designee may draw from the fund. The fund may be used:

�� (a) To pay salaries, travel expenses, compensation or payments for real property purchased or otherwise acquired, and emergency claims; or

�� (b) To secure or take advantage of trade discounts and to pay for services, materials and capital outlay.

�� (3) All vouchers for claims paid from the fund shall be approved by the director and audited by the fiscal officer of the Department of Transportation. When claims are so approved and audited, warrants covering them shall be drawn in favor of the director and shall be used by the director to reimburse the fund. [Amended by 1957 c.9 �1; 1967 c.454 �35; 1969 c.87 �1; 1971 c.598 �6; 1973 c.249 �34; 1979 c.186 �12; 1987 c.265 �1; 1993 c.741 �37]

�� 366.170 [Amended by 1973 c.249 �35; repealed by 1993 c.741 �147]

�� 366.175 [Amended by 1959 c.611 �1; renumbered 390.120]

�� 366.180 [Amended by 1959 c.611 �2; renumbered 390.130]

�� 366.182 [1959 c.611 ��5,6; renumbered

ORS 195.505

195.505.

�� (b)(A) �Keeping warm and dry� means using measures necessary for an individual to survive outdoors given the environmental conditions.

�� (B) �Keeping warm and dry� does not include using any measure that involves fire or flame.

�� (c) �Public property� has the meaning given that term in ORS 131.705.

�� (2) Any city or county law that regulates the acts of sitting, lying, sleeping or keeping warm and dry outdoors on public property that is open to the public must be objectively reasonable as to time, place and manner with regards to persons experiencing homelessness.

�� (3) It is an affirmative defense to a charge of violating a city or county law described in subsection (2) of this section that the law is not objectively reasonable.

�� (4) A person experiencing homelessness may bring suit for injunctive or declaratory relief to challenge the objective reasonableness of a city or county law described in subsection (2) of this section. The action must be brought in the circuit court of the county that enacted the law or of the county in which the city that enacted the law is located.

�� (5) For purposes of subsections (2) and (3) of this section, reasonableness shall be determined based on the totality of the circumstances, including, but not limited to, the impact of the law on persons experiencing homelessness.

�� (6) In any suit brought pursuant to subsection (4) of this section, the court, in its discretion, may award reasonable attorney fees to a prevailing plaintiff if the plaintiff:

�� (a) Was not seeking to vindicate an interest unique to the plaintiff; and

�� (b) At least 90 days before the action was filed, provided written notice to the governing body of the city or county that enacted the law being challenged of an intent to bring the action and the notice provided the governing body with actual notice of the basis upon which the plaintiff intends to challenge the law.

�� (7) Nothing in this section creates a private right of action for monetary damages for any person. [2021 c.370 �1]

�� Note: 195.530 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

MISCELLANEOUS

�� 195.850 Reporting local government boundary changes to certain mass transit districts. If changes in the urban growth boundary of a local government must be included in the boundaries of a mass transit district formed under ORS 267.107, the local government shall provide the mass transit district with a legal description of the urban growth boundary and changes to the urban growth boundary that consists of a series of courses in which the first course starts at a point of beginning and the final course ends at the point of beginning. [2001 c.138 �13b]

�� 195.860 Final engineering plans; deadline for local review; writ of mandamus authorized. (1) As used in this section, �final engineering plans� means the detailed engineering plans and reports for the design or construction of public and private infrastructure improvements that require review and approval following tentative plat approval by a local government before issuing site development permits, including plans and reports for the construction of public and private infrastructure improvements such as grading, water, sewer, stormwater, transportation systems and utilities.

�� (2) After receiving an application for final engineering plans for residential development within an urban growth boundary, a local government shall:

�� (a) Within 30 days, confirm that the application was complete when submitted or specify all additional materials that must be included for the application to be considered complete.

�� (b) Complete the final review of the final engineering plans and, following the receipt of applicable fees, forms and bonds, approve or deny site development permits for construction of all public and private infrastructure improvements, within 120 days after the date on which:

�� (A) The application is deemed complete under paragraph (a) of this subsection;

�� (B) The applicant has provided all materials specified under paragraph (a) of this subsection; or

�� (C) The applicant states that no additional materials are forthcoming.

�� (3) The review period for a local government to complete its review under subsection (2)(b) of this section:

�� (a) Is tolled during the time period beginning on the date on which a local government sends a direction to the applicant to correct or supplement the application and ending on the date on which the amended application is received by the local government.

�� (b) May be extended one or more times for a specified period at the written request of the applicant, provided that the total of all extensions does not exceed 245 days.

�� (4)(a) If the local government does not take final action on the application within the deadline provided under subsection (2)(b) of this section, including any extension under this section, the applicant may file a petition for a writ of mandamus under ORS 34.130 in the circuit court of the county where the application was submitted.

�� (b) The local government shall retain jurisdiction to make a decision until a petition for a writ of mandamus is filed.

�� (c) Upon receiving a petition filed under ORS 34.130, the circuit court has jurisdiction for all decisions regarding the application, including settlement.

�� (d) The court shall issue a peremptory writ unless the local government or any intervenor shows that the approval of final engineering plans would violate a substantive provision of the local government�s regulations. [2025 c.330 �1]

�� Note: 195.860 becomes operative July 1, 2026. See section 6, chapter 330, Oregon Laws 2025.

�� Note: 195.860 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.870 Battery-charged fence; preemption of local laws. (1) As used in this section:

�� (a) �Alarm system� means any electrical, mechanical or electronic device or sensor used to prevent, detect or alert law enforcement or occupants of burglary, theft, or intrusion of a structure or a vehicle used as a commercial structure.

�� (b) �Battery-charged fence� means a fence that interfaces with an alarm system in a manner that enables the fence to cause the connected alarm system to transmit a signal intended to summon law enforcement in response to an intrusion and has an energizer that is driven by battery.

�� (c) �IEC standards� means the standards set by the International Electrotechnical Commission as most recently published on or before January 1, 2021.

�� (2) A battery-charged fence:

�� (a) Must use a battery that is not more than 12 volts of direct current;

�� (b) Must produce an electric charge on contact that does not exceed energizer characteristics set for electric fence energizers by IEC standards;

�� (c) Must be surrounded by a nonelectric perimeter fence or wall that is not less than five feet in height;

�� (d) May not be higher than the greater of 10 feet in height or two feet higher than the height of the nonelectric perimeter fence or wall; and

�� (e) Must be marked with conspicuous warning signs that are located on the fence at not more than 30-foot intervals and that read: �WARNING: ELECTRIC FENCE.�

�� (3) Except as required by state building code, a local government, as defined in ORS 197.015, may not adopt or enforce any ordinance, land use regulation or building code for property not zoned or used for residential use that:

�� (a) Prohibits the installation or use of a battery-charged fence.

�� (b) Imposes installation or operational requirements inconsistent with IEC standards or this section for an alarm system or battery-charged fence.

�� (c) Requires a permit for the installation or use of a battery-charged fence that is additional to an alarm system permit issued by the local government. [2022 c.3 �1]

�� Note: 195.870 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.900 Local review of wind energy facility lighting requirements. The governing body of a county or city or its designee may not allow or permit a wind energy facility, as defined in ORS 195.902, unless the person seeking to develop or repower the wind energy facility provides proof that the person is in compliance with the requirements in ORS 195.902 (3)(a). [2025 c.74 �2]

�� Note: Section 3, chapter 74, Oregon Laws 2025, provides:

�� Sec. 3. Sections 1 [195.902] and 2 [195.900] of this 2025 Act apply to any wind energy facility, as defined in section 1 of this 2025 Act, for which a person applies, on or after January 1, 2028, to the Federal Aviation Administration for a determination of hazard or no hazard to air navigation with regard to the wind energy facility. [2025 c.74 �3]

�� Note: 195.900 and 195.902 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 195.902 Wind energy facility lighting requirements. (1) As used in this section:

�� (a) �Hub height� means the distance from the ground to the middle of a wind-powered turbine�s rotor.

�� (b) �Light-mitigating technology system� means a system approved by the Federal Aviation Administration that is capable of reducing the impact of obstruction lighting while maintaining conspicuity sufficient to assist aircraft in identifying and avoiding collision with a structure or facility.

�� (c) �Maintenance� means activities to keep a wind energy facility in an efficient operating condition and that do not add to the value or extend the expected economic life or increase the nameplate capacity or energy output of the facility.

�� (d) �Person� means a developer, owner or operator.

�� (e) �Repower� means to replace all or substantially all of a wind energy facility for the purpose of extending the life of the facility, and the replacement is not part of routine maintenance.

�� (f) �Wind energy facility� means an electric power generating facility that is made up of five or more wind-powered turbines and one or more of the wind-powered turbines:

�� (A) Are required under Federal Aviation Administration regulations to have obstruction lights; or

�� (B) Have an obstruction light and a hub height that is 75 or more feet above the ground level.

�� (2) A wind energy facility may not commence operations or, following repowering, recommence operations unless the person developing or repowering the wind energy facility meets the requirements in subsection (3) of this section.

�� (3)(a) A person developing or repowering a wind energy facility who receives from the Federal Aviation Administration a determination of no hazard to air navigation with regard to the wind energy facility shall apply to the administration and, if applicable, the Federal Communications Commission, for approval for the installation and use of light-mitigating technology systems for the wind energy facility�s wind-powered turbines.

�� (b) If the administration issues a determination that the installation and use of a light-mitigation technology system is not a hazard to air navigation and, as applicable, the commission issues its approval, the person shall install and use light-mitigating technology systems on approved wind-powered turbines. The person shall install and begin using the light-mitigating technology systems:

�� (A) Within 24 months from the date the administration issues its determination;

�� (B) If applicable, within 24 months from the later of:

�� (i) The date the administration issues its determination; or

�� (ii) The date the commission issues its approval; or

�� (C) As soon as reasonably practicable after the date specified in subparagraph (A) or (B) of this paragraph if installation is delayed due to reasons outside of the person�s control.

�� (c) A person is not required to install or use a light-mitigating technology system on a wind-powered turbine if:

�� (A) The administration issues a determination that the installation or use of the light-mitigation technology system is a hazard to air navigation;

�� (B) The administration does not issue a determination within 12 months from the date the person submits the application to the administration;

�� (C) If applicable, the commission does not issue its approval for the installation and use of the light-mitigating technology system; or

�� (D) If applicable, the commission does not issue its approval within 12 months from the date the person submits the application to the commission.

�� (4) Nothing in this section shall require a person to carry out light mitigation in a manner that conflicts with an applicable federal law or regulation. [2025 c.74 �1]

�� Note: See notes under 195.900.

�� 195.912 Local review of transmission line upgrade. (1) As used in this section:

�� (a) �Electric company� means an electric company, as defined in ORS 757.600, that owns and operates a transmission system and sells more than 2 million megawatt hours of electricity in a calendar year.

�� (b) �Footprint� means an area that is being actively managed and is part of a right-of-way of an existing transmission line.

�� (c) �Transmission line� means any aboveground or underground electric transmission lines with a capacity of 57,000 volts or more, including the utility poles, supports, tunnels, manholes, vaults, conduits, pipes, wires, conductors, guys, stubs, platforms, crossarms, braces, transformers, insulators, cutouts, switches, capacitors, meters, communication circuits, appliances, attachments and appurtenances and all related facilities required for the acceptance of electric services by the transmission lines.

�� (2) A decision on an application for an upgrade to an existing transmission line that is owned by an electric company shall be made, as provided in this section, by a local government with jurisdiction over the transmission line, provided that the upgrade:

�� (a) Is sited entirely within the existing transmission line�s utility right-of-way or private easement;

�� (b) Entails only the deployment, construction or installation of grid enhancing technologies, as defined in ORS 757.808, and associated modifications as required to meet current national electrical safety standards such as the National Electrical Safety Code, and not any other type of upgrade, expansion or improvement;

�� (c) Does not expand the footprint of any part of the transmission lines if sited within an area designated for a statewide land use planning goal related to natural resources, scenic and historic areas and open spaces or the Willamette River Greenway; and

�� (d) Does not include:

�� (A) Adding additional transmission lines or substations; or

�� (B) Modifications to substations or transformers unless they are within the footprint of the original substation or transformer.

�� (3) A decision on an application, as provided in this section, including a decision that determines whether the provisions of subsection (2) of this section apply:

�� (a) May be subject only to clear and objective standards, conditions and procedures;

�� (b) May be conditioned upon obtaining any necessary approvals by the State Department of Energy or federal government;

�� (c) Is not a land use decision, as defined in ORS 197.015;

�� (d) May not be subject to a public hearing; and

�� (e) May not be appealed except by writ of review under ORS 34.010 to 34.100. [2025 c.391 �4]

�� Note: 195.912 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 195 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

ORS 215.283

215.283 and 215.284, a comprehensive plan may provide for the siting of a destination resort on rural lands without taking an exception to statewide planning goals relating to agricultural lands, forestlands, public facilities and services or urbanization. [1987 c.886 �5]

�� 197.455 Siting of destination resorts; sites from which destination resort excluded. (1) A destination resort may be sited only on lands mapped as eligible for destination resort siting by the affected county. The county may not allow destination resorts approved pursuant to ORS 197.435 to 197.467 to be sited in any of the following areas:

�� (a) Within 24 air miles of an urban growth boundary with an existing population of 100,000 or more unless residential uses are limited to those necessary for the staff and management of the resort.

�� (b)(A) On a site with 50 or more contiguous acres of unique or prime farmland identified and mapped by the United States Natural Resources Conservation Service, or its predecessor agency.

�� (B) On a site within three miles of a high value crop area unless the resort complies with the requirements of ORS 197.445 (6) in which case the resort may not be closer to a high value crop area than one-half mile for each 25 units of overnight lodging or fraction thereof.

�� (c) On predominantly Cubic Foot Site Class 1 or 2 forestlands as determined by the State Forestry Department, which are not subject to an approved goal exception.

�� (d) In the Columbia River Gorge National Scenic Area as defined by the Columbia River Gorge National Scenic Act, P.L. 99-663.

�� (e) In an especially sensitive big game habitat area:

�� (A) As determined by the State Department of Fish and Wildlife in July 1984, and in additional especially sensitive big game habitat areas designated by a county in an acknowledged comprehensive plan; or

�� (B) If the State Fish and Wildlife Commission amends the 1984 determination with respect to an entire county and the county amends its comprehensive plan to reflect the commission�s subsequent determination, as designated in the acknowledged comprehensive plan.

�� (f) On a site in which the lands are predominantly classified as being in Fire Regime Condition Class 3, unless the county approves a wildfire protection plan that demonstrates the site can be developed without being at a high overall risk of fire.

�� (2) In carrying out subsection (1) of this section, a county shall adopt, as part of its comprehensive plan, a map consisting of eligible lands within the county. The map must be based on reasonably available information and may be amended pursuant to ORS 197.610 to 197.625, but not more frequently than once every 30 months. The county shall develop a process for collecting and processing concurrently all map amendments made within a 30-month planning period. A map adopted pursuant to this section shall be the sole basis for determining whether tracts of land are eligible for destination resort siting pursuant to ORS 197.435 to 197.467. [1987 c.886 �6; 1993 c.590 �3; 1997 c.249 �57; 2003 c.812 �3; 2005 c.22 �142; 2005 c.205 �1; 2010 c.32 �1]

�� 197.460 Compatibility with adjacent land uses; county measures; economic impact analysis; traffic impact analysis. A county shall ensure that a destination resort is compatible with the site and adjacent land uses through the following measures:

�� (1) Important natural features, including habitat of threatened or endangered species, streams, rivers and significant wetlands shall be retained. Riparian vegetation within 100 feet of streams, rivers and significant wetlands shall be retained. Alteration of important natural features, including placement of structures that maintain the overall values of the feature may be allowed.

�� (2) Improvements and activities shall be located and designed to avoid or minimize adverse effects of the resort on uses on surrounding lands, particularly effects on intensive farming operations in the area. At a minimum, measures to accomplish this shall include:

�� (a) Establishment and maintenance of buffers between the resort and adjacent land uses, including natural vegetation and where appropriate, fences, berms, landscaped areas and other similar types of buffers.

�� (b) Setbacks of structures and other improvements from adjacent land uses.

�� (3) If the site is west of the summit of the Coast Range and within 10 miles of an urban growth boundary, or if the site is east of the summit of the Coast Range and within 25 miles of an urban growth boundary, the county shall require the applicant to submit an economic impact analysis of the proposed development that includes analysis of the projected impacts within the county and within cities whose urban growth boundaries are within the distance specified in this subsection.

�� (4) If the site is west of the summit of the Coast Range and within 10 miles of an urban growth boundary, or if the site is east of the summit of the Coast Range and within 25 miles of an urban growth boundary, the county shall require the applicant to submit a traffic impact analysis of the proposed development that includes measures to avoid or mitigate a proportionate share of adverse effects of transportation on state highways and other transportation facilities affected by the proposed development, including transportation facilities in the county and in cities whose urban growth boundaries are within the distance specified in this subsection. [1987 c.886 �7; 2010 c.32 �2]

�� 197.462 Use of land excluded from destination resort. A portion of a tract that is excluded from the site of a destination resort pursuant to ORS 197.435 (7) shall not be used or operated in conjunction with the resort. Subject to this limitation, the use of the excluded property shall be governed by otherwise applicable law. [1993 c.590 �7]

�� 197.465 Comprehensive plan implementing measures. An acknowledged comprehensive plan that allows for siting of a destination resort shall include implementing measures which:

�� (1) Map areas where a destination resort described in ORS 197.445 (1) to (5) is permitted pursuant to ORS 197.455;

�� (2) Limit uses and activities to those defined by ORS 197.435 and allowed by ORS 197.445; and

�� (3) Assure that developed recreational facilities and key facilities intended to serve the entire development and visitor-oriented accommodations are physically provided or are guaranteed through surety bonding or substantially equivalent financial assurances prior to closure of sale of individual lots or units. In phased developments, developed recreational facilities and other key facilities intended to serve a particular phase shall be constructed prior to sales in that phase or guaranteed through surety bonding. [1987 c.886 �8]

�� 197.467 Conservation easement to protect resource site. (1) If a tract to be used as a destination resort contains a resource site designated for protection in an acknowledged comprehensive plan pursuant to open spaces, scenic and historic areas and natural resource goals in an acknowledged comprehensive plan, that tract of land shall preserve that site by conservation easement sufficient to protect the resource values of the resource site as set forth in ORS 271.715 to

ORS 223.205

223.205 and 223.210 to 223.295 or any charter shall apply to the rebonding application, to the form, to the manner of paying the amount entered in the bond lien docket, to the collection of delinquent installments and to issuance, sale and redemption of improvement bonds issued pursuant to ORS 223.725.

�� 223.745 Scope of power granted. The power granted by ORS 223.705 to 223.750 is vested in each local government and is self-operating therein without further necessity of enacting charter or ordinance provisions incorporating the terms of those sections. [Amended by 1991 c.902 �83; 2003 c.802 �57]

�� 223.750 Enactment of rulemaking ordinances; effect of irregularities. (1) Each local government, through its governing body, may provide, by such ordinances, rules and regulations as may be needed, for accepting rebonding applications, issuing bonds and otherwise carrying out the terms of ORS 223.705 to 223.750; and may, by such ordinance and in conformity with ORS 223.715, determine the interest rate to be charged property owners who apply to rebond liens as provided by those sections.

�� (2) No error or omission in rebonding liens shall invalidate or impair the original bonded lien. [Amended by 1991 c.902 �84; 2003 c.802 �58]

�� 223.755 Reinstatement of delinquent bonded assessments authorized. (1) As used in this section, �bonded assessment� means any assessment for a local improvement levied by any local government where application to pay such assessment in installments has been filed with the local government levying it.

�� (2) After approval by the governing body of any local government, the owner of any property, against which there is outstanding any delinquent bonded assessment, at any time before the property affected by the assessment has been sold for the collection thereof as provided by law, may pay any delinquent installment of the bonded assessment, together with the amount of interest due thereon as provided by the law governing the same, plus the cost of advertising the property for sale and a penalty of three percent on the amount of the delinquent installment so paid.

�� (3) The power granted by subsection (2) of this section is vested in each local government and is self-operating therein without the necessity of amending the charter thereof incorporating the terms of this section.

�� (4) The governing body of each local government may, in its discretion, by ordinance, make the provisions of this section applicable to delinquent bonded assessments levied by it and outstanding against property in the local government. [Amended by 1991 c.902 �85; 2003 c.802 �59]

�� 223.760 H.O.L.C. bonds accepted in payment of assessment liens. The governing body of any incorporated city may by ordinance provide that any or all special assessments levied against any tract or part thereof within the city and due the city, may be paid by bonds issued by the Home Owners� Loan Corporation, created by Act of Congress as of June 13, 1933. The governing body shall in the ordinance prescribe the terms and conditions under which those bonds shall be accepted in payment of such assessments.

�� 223.765 Bonds accepted as payment for assessment liens. Any local government may, by ordinance duly passed by its governing body, authorize the acceptance by such local government of the general obligation bonds or interest coupons attached, or both, of the local government, in payment of all or any part of special assessment liens, interest or penalties of or payable to the local government. [Amended by 1991 c.902 �86; 2003 c.802 �60]

�� 223.770 Assessment of public property benefited by improvements. (1) Whenever all or any part of the cost of public improvements made by any local government is to be assessed to the property benefited thereby, benefited property owned by the local government or any other public body as defined in ORS 174.109 shall be assessed the same as private property and the amount of the assessment shall be paid by the public body, provided that the costs of the improvements are, in any given case, of the type that may be bonded under ORS 223.205 and 223.210 to 223.215.

�� (2) In the case of property owned by the state, the amount of the assessment shall be certified by the treasurer and filed with the Oregon Department of Administrative Services as a claim for reference to the Legislative Assembly in the manner provided by ORS 293.316, unless funds for the payment of the assessment have been otherwise provided by law. [Amended by 1967 c.454 �93; 1991 c.902 �87; 2003 c.802 �61]

�� 223.775 Assessment of property of cemetery authority benefited by certain improvements. (1) As used in subsections (2) to (5) of this section:

�� (a) �Cemetery authority� means a nonprofit cemetery or crematory corporation.

�� (b) �Sale� includes a contract of sale as well as a sale.

�� (2) Notwithstanding the provisions of ORS 97.660 to 97.680 or any other provision of law, whenever all or any part of the cost of a street, curb or sidewalk improvement made by a local government is to be assessed to the property benefited thereby, benefited property owned and platted for cemetery or crematory purposes by a cemetery authority shall be assessed the same as private property. The amount of the assessment shall be paid by the cemetery authority as provided in this section.

�� (3)(a) Within 60 days after the date the ordinance levying the initial assessment is enacted by the local government, the cemetery authority shall furnish the local government with a list of platted burial lots within the benefited property unsold on the date such ordinance was enacted. Until such assessment is paid in full, whenever additional burial lots are platted within the benefited property, the cemetery authority shall furnish the local government with a list of such additional lots at the time the plat thereof is recorded.

�� (b) Out of the first funds received for the sales price of any of such lots, the cemetery authority after setting aside perpetual care and maintenance funds as required by law or otherwise shall credit five percent of such sales price to a special account for the payment of the assessment until a sum equal to the assessment and any interest due thereon has been so credited.

�� (4) All funds accumulated in the special account for the payment of assessments shall be paid semiannually to the local government levying such assessment, the first payment to be made six months after the date the final assessment was levied and succeeding payments each six months thereafter until such assessment and any interest due thereon, as provided in this subsection, is paid in full. Any funds in such account that are not paid to the local government when due shall bear interest at the rate of seven percent per annum from the due date until paid to the local government.

�� (5) Platted property of a cemetery authority subject to an assessment as provided in this section is exempt from execution for collection of any such assessment while such property is held by a cemetery authority for cemetery or crematory purposes. Any such assessment levied against a cemetery authority shall be payable only from the funds received for the sale of lots listed with the local government as required by subsection (3) of this section. Except as provided in subsection (4) of this section, interest shall not be due on the unpaid balance of any such assessment. [1963 c.521 ��1,2; 1969 c.531 �8; 1991 c.902 �88; 2003 c.802 �62]

�� 223.785 [1969 c.505 �1; 1983 c.349 �7; 1983 c.713 �1; repealed by 1991 c.902 �121]

SPECIAL CITY IMPROVEMENTS; PARKING FACILITIES; STREETS; SIDEWALKS; AIDS TO WATER COMMERCE

�� 223.805 Short title of ORS 223.805 to 223.845. ORS 223.805 to 223.845 shall be known as the Motor Vehicle Parking Facilities Act.

�� 223.810 Establishment of motor vehicle parking facilities. Any incorporated city may establish one or more off-street motor vehicle parking facilities for the general use and benefit of the people of the city, or for one or more special classes of vehicles, as appears necessary, proper or beneficial in the public interest. For these purposes, the city may proceed as provided in ORS 223.815 to 223.845.

�� 223.815 Acquisition of property for parking facilities. For the purposes of ORS 223.810, a city may acquire property at or below the surface of the earth, by purchase, condemnation, exchange or other lawful manner. However, a city may not so acquire privately owned property used for public parking unless the facility to be constructed by the city would substantially increase the number of vehicle off-street parking spaces available for public use. The city may use the area below the street surface or the area beneath the surface of a park or other public property. [Amended by 1959 c.653 �8; 1967 c.478 �1]

�� 223.820 Planning, constructing and contracting for the operation of or leasing parking facilities. For the purposes of ORS 223.810, a city may:

�� (1) Plan, design and locate the parking facilities.

�� (2) Construct, alter, enlarge, repair and maintain buildings, structures, equipment, access and entrance facilities, exit facilities, fencing and other accessories necessary or desirable for the safety or convenience of motorists using the off-street parking facilities.

�� (3) Contract with any person, firm or corporation for construction or for operation of the parking facility upon such terms as are found to be in the public interest, after first advertising for bids therefor by publication not less than once a week for two consecutive weeks in a newspaper of general circulation in the city, making two publications in all.

�� (4) Lease for a period not exceeding 50 years, notwithstanding any conflicting provision of any law, city charter or ordinance, any property referred to in ORS 223.810 to any person, firm or corporation pursuant to an agreement, according to such terms as are found to be in the public interest, whereby such person, firm or corporation undertakes to construct, where necessary, or alter or repair, and maintain and operate on such property the buildings, structures, equipment, facilities and accessories necessary or convenient for parking facilities, and title to such building or structure to be constructed or altered shall vest in the city either when constructed or altered or at the termination of said lease. Such agreement shall be made only after first advertising for bids therefor by publication not less than once a week for two consecutive weeks in a newspaper of general circulation in the city, making two publications in all. [Amended by 1953 c.668 �2]

�� 223.825 Financing of parking facilities. For the purposes of ORS 223.810, a city may finance the parking facilities by any one or any combination of the following methods:

�� (1) General obligation bonds within the legal debt limitations, or revenue bonds payable primarily or solely out of revenue from parking facilities in such amounts, at such rate of interest, and upon such conditions as may be prescribed by the legislative authority of the city.

�� (2) Special or benefit assessments equal to the actual costs of the parking facilities, or a portion thereof, such assessment to be levied against property benefited in proportion to the benefit derived, the amount of such assessment to be determined in accordance with special assessment practices for local improvements as now or hereafter prescribed by the ordinances or charter provisions of the city.

�� (3) Parking fees, special charges or other revenue derived from the use of off-street parking facilities by motorists, lessees, concessionaires, commercial enterprises or others.

�� (4) General fund appropriations.

�� (5) State or federal grants or local aids.

�� (6) Parking meter revenues.

�� (7) General property taxes, or gift, bequest, devise, grant or otherwise.

�� (8) For any city under 300,000 according to the latest federal decennial census, a reasonable annual fee on the privilege of occupying real property within the city or a district of the city to carry on a business, occupation, profession or trade. In levying the fee, the governing body shall take into consideration the unmet off-street parking requirements of such business. The proceeds of the fee, less refunds and costs of collection, shall be used solely for the purposes of ORS

ORS 226.360

226.360, or any part thereof or any right or interest therein, the municipal authorities of the city shall give a notice of such sale by publication for five successive days in one or more daily newspapers of the city having a general circulation therein and by posting a similar notice in two conspicuous places in or upon the property described and referred to in the notice. The notice shall describe the property to be sold and shall state any restrictions under which the property will be sold and the terms of sale. The notice shall further state that sealed proposals will be received by an officer of the city named in the notice at the office of the officer for such purchase until the day and hour named therein. At the time appointed, such municipal authority shall open the proposals and shall either award to the highest responsible bidder for the purchase of the property; or at their discretion, reject any or all bids, and readvertise in the manner provided in this section.

�� 226.380 Condemnation procedure. When it is intended by the municipal authorities of the city to take, use and appropriate private property for any of the purposes mentioned in ORS 226.320 to 226.340 and the owners and the municipal authorities cannot agree upon compensation and damages arising therefrom, compensation and damages shall be considered, ascertained, determined, awarded and paid in the manner provided by general laws relative to condemnation or by such means as may be prescribed by the city charter for widening, opening, laying out or extending streets, or for acquiring private property for park purposes, at the option of the municipal authorities.

�� 226.390 Financing of projects by bond issues. The municipal authorities may issue bonds for the costs and expenses of acquiring the private property for any of the purposes mentioned in ORS 226.320 to 226.380. The bonds shall be at such rate of interest and for such length of time as the municipal authorities determine, shall be advertised and sold in such manner as the municipal authorities determine and shall be a general obligation of the city. The municipal authorities shall, at the time of issuing the bonds, make provisions for the payment of interest and a sinking fund for the retirement thereof.

�� 226.400 Construction of memorials or veterans� facilities in parks within city limits. The city may permit and authorize the following uses of parks, which are lawful uses of any grounds or premises dedicated as public parks, unless the use thereof for such purposes is forbidden by the terms of the conveyance creating such parks:

�� (1) The erection and construction of memorial monuments and buildings.

�� (2) Pioneer memorials and pioneer museums.

�� (3) Memorials and monuments to United States war veterans.

�� (4) Buildings for meeting places of pioneer associations or veterans upon any public park within the limits of the city. [Amended by 2005 c.22 �172]

MUNICIPAL CEMETERIES

�� 226.410 Authority to establish facilities for disposition of human remains within or without city limits. Any incorporated city may acquire, own, maintain and operate cemeteries, crematoria and other facilities authorized for the disposition of human remains either inside or outside its corporate limits, in accordance with such plans as the city governing body deems best. [Amended by 2021 c.296 �27]

�� 226.420 Acquisition of property of cemetery association. Any incorporated city may acquire, by purchase or gift, any ground or other property belonging to any cemetery association, situate within the corporate limits of the city, for the purpose of owning, controlling or operating such cemetery and the interment of the body of any deceased person therein, or the disinterment and removal to a different cemetery of the body of any person buried therein, or for any other purpose.

�� 226.430 Control by city after conveyance. Whenever any cemetery association transfers to any incorporated city, as provided in ORS 226.420, the ground and property of such cemetery association, from and after such transfer the city shall have exclusive control of such cemetery and all property connected therewith.

�� 226.440 Sale of lots by city. Any incorporated city acquiring incorporated cemetery association property as provided in ORS 226.420, may sell or otherwise dispose of any lots or blocks situate in and being a part of such cemetery in the manner prescribed by the common council of such city.

�� 226.450 Authority to expend funds for maintenance of cemeteries. All cities owning and controlling lands, lots or parcels of ground used for cemetery purposes may expend, for the purpose of beautifying, caring for and keeping up all such lands and premises, such public funds as have been included for that purpose in their annual budget.

�� 226.480 [1953 c.51 �1; repealed by 1981 c.48 �8]

�� 226.490 [1971 c.38 �1; repealed by 1981 c.48 �8]

ABANDONED CEMETERIES

�� 226.510 Certain cemeteries as menace to public; acquisition and removal of such cemeteries declared public use. It hereby is found and declared:

�� (1) That there exists within municipal corporations of the state, cemeteries which have been abandoned and cemeteries which have deteriorated and become dilapidated and overgrown with weeds, trees, shrubs or other uncontrolled growth.

�� (2) That such cemeteries, by reason of their unsightly appearance, fire hazard, and by reason of their providing a place of concealment conducive to criminal activities and juvenile delinquency, constitute a menace to the health, safety, morals and welfare of the residents of such municipal corporations; and that these conditions necessitate the use of public funds for crime prevention, fire protection, control of juvenile delinquency, accident protection and other public services and facilities.

�� (3) That the clearance and removal of such cemeteries are public uses and purposes for which public money may be spent, private property acquired, and are governmental functions of municipal and state concern.

�� (4) That the varied nature of ownership of cemetery plots, the diverse ownership of land, the difficulty of locating interested persons, the existence of unknown graves and remains and other conditions prevent an orderly removal of such remains and clearance of such cemeteries, and because of such conditions, it is in the public interest that such cemeteries be acquired by municipal corporations by eminent domain or otherwise, for the orderly removal of such remains to other suitable place or places and the discontinuance of such cemeteries and the exercise of the power of eminent domain, and the financing of the acquisition and preparation of land by a municipal corporation for disinterment and reinterment is declared a public use and purpose. [1953 c.298 �1]

�� 226.520 Definitions for ORS 226.510 to 226.640. As used in ORS 226.510 to 226.640:

�� (1) �Abandoned cemetery� means a cemetery in which remains have not been interred in the last five years and:

�� (a) That does not have a known owner;

�� (b) For which the last known owner is deceased and the title was not conveyed; or

�� (c) That was owned by an entity that no longer exists and that did not convey title.

�� (2) �Cemetery� means a tract of land set apart by deed, will or otherwise, for a burial ground, or for the purpose of interring remains.

�� (3) �Diligent search� means a search reasonably calculated to discover:

�� (a) Graves from the existence of monuments, contour of land and terrain, fencing, curbing and other evidences of the location of graves; and

�� (b) The location of remains and whether or not a given plot contains remains, for which it shall be sufficient to employ the method commonly known as probing.

�� (4) �Municipal corporation� means the governing body of a city incorporated under the laws of this state.

�� (5) �Remains� means the remains of a deceased person.

�� (6) �Suitable location� means a cemetery, now in existence or hereafter established, including a portion of a cemetery subject to the provisions of ORS 226.510 to

ORS 279A.010

279A.010, a device or facility for delivering electricity to the public for electric motor vehicles is not a public improvement.

�� (4) A state agency that contracts with a vendor under subsection (1)(b) or (3)(a) of this section shall require in the contract that the vendor:

�� (a) Indemnify the state agency against any claim related to or arising out of the vendor�s operations on premises that the state agency owns or controls;

�� (b) Obtain a policy of liability insurance in an amount sufficient to pay foreseeable claims that relate to or arise out of the vendor�s operations, name the state agency as an insured party in the policy and maintain coverage under the policy during the term of the contract and for two years after the contract term expires; and

�� (c) Pay workers that the vendor employs for any work related to installing a device or facility the prevailing rate of wage, as defined in ORS 279C.800.

�� (5) A state agency may by order establish and adjust prices for using devices or facilities described in subsection (1)(a) of this section that are located on premises the state agency owns or controls. The state agency shall endeavor to set the price for using the devices or facilities at a level that:

�� (a) Recovers to the maximum extent practicable the cost of operating and administering the devices or facilities described in subsection (1)(a) of this section; and

�� (b) Does not exceed 110 percent of the average market price for delivering electricity to the public for the purpose described in subsection (1)(a) of this section in the county in which the device or facility is located.

�� (6) Subject to subsection (5) of this section, a state agency shall set the price for delivering electricity at devices and facilities located on premises that the state agency owns or controls. The state agency shall use criteria and a methodology that the department specifies for calculating the price.

�� (7) The department shall report to the Legislative Assembly in the manner provided by ORS 192.245 not later than February 1, 2019, February 1, 2021, and February 1, 2023, concerning state agency implementation of the authority granted in subsections (1), (2), (4), (5) and (6) of this section. Each report must, as of the date of the report:

�� (a) List the number of devices or facilities for delivering electricity to the public for electric motor vehicles that state agencies installed or had installed in the previous two years and the total number of installations that have occurred since June 2, 2018;

�� (b) List the number of devices or facilities that state agencies have planned for installation in the next two years;

�� (c) List the cost to the state agency of each installation and calculate:

�� (A) An average cost for installations that state agencies have completed or had completed; and

�� (B) An overall trend line for costs that state agencies have incurred;

�� (d) Specify the current price that each state agency charges under subsection (6) of this section and any changes in the price that occurred in the previous two years;

�� (e) Specify for each state agency an average rate of utilization for all of the devices or facilities located on premises that the state agency owns or controls, calculated as the ratio of the time each day during which a person is actually using the devices or facilities and the time each day in which the devices and facilities are available for use; and

�� (f) Specify whether and to what extent using electric motor vehicles and devices or facilities located on premises that state agencies own or control to provide electricity for state agency electric motor vehicles results in a cost savings to the state agency in comparison to using motor vehicles that do not use electricity for propulsion. [2013 c.526 �1; 2018 c.90 �1; 2019 c.104 �1]

�� Note: 276.255 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 276 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 276.260 [1975 c.634 �4; repealed by 1977 c.598 �35]

�� 276.265 Apprenticeship programs; state agency as training agent. (1) It is the policy of this state to encourage public agencies to participate in apprenticeship programs. Every public agency employing five or more persons in the same apprenticeable occupation for the improvement or maintenance, not including routine maintenance, of a public facility shall be encouraged to register as a training agent with the appropriate apprenticeship committees and shall be expected to employ at least one apprentice for that apprenticeable occupation, subject to the public agency�s available and legislatively approved budget resources. The public agency shall be subject in its capacity as a training agent to the rules and policies of the responsible apprenticeship committees and the State Apprenticeship and Training Council.

�� (2) For purposes of this section:

�� (a) �Apprenticeable occupation� has the meaning defined in ORS 660.010.

�� (b) �Employing five or more persons� means the employment of five or more persons at any time during the current or immediately prior fiscal year; provided, however, that a public agency may petition the State Apprenticeship and Training Council for exemption from the requirements of this section on the grounds that the public agency�s circumstances have so changed since the immediately prior fiscal year as to make application of this section contrary to the interests of current or potential apprentices.

�� (c) �Improvement or maintenance, not including routine maintenance� means construction, reconstruction and major renovation of or to and painting of public facilities and includes the remodeling, alteration and emergency repair of buildings, other structures, real property, highways and roads. �Improvement or maintenance, not including routine maintenance� does not include minor alteration, ordinary repair or maintenance necessary in order to preserve a public facility.

�� (d) �Public agency� means the State of Oregon or any political subdivision thereof or any county, city, district, authority, public corporation or entity and any of their instrumentalities organized and existing under law or charter.

�� (e) �Public facility� means the works, buildings and grounds owned, leased or rented by a public agency and which are situated within the State of Oregon, and shall include any such works, buildings or grounds governed, managed or administered by the Oregon Department of Administrative Services. [1991 c.897 �2]

(Financing Construction, Maintenance and Repair)

�� 276.280 Definitions for ORS 276.285. As used in ORS 276.285:

�� (1) �Construction� means the building, installation or assembly of a new facility; the addition, expansion, alteration, conversion or replacement of an existing facility; or the relocation of a facility from one location to another. �Construction� includes the installation of equipment made a part of the facility and related site preparation.

�� (2) �Facility� means a building, structure, utility and other support systems, or other improvement upon real property.

�� (3) �Improvement� means additions to buildings, structures or other facilities that are intended to be permanent.

�� (4) �Maintenance� means activities to keep facilities in an efficient operating condition and that do not add to the value or extend the economic life of the facilities.

�� (5) �Operations� means activities to run and use a facility for its purpose.

�� (6) �Real property� means land and all buildings, structures and improvements thereon. �Real property� includes fixtures erected on, above or under the land, and includes landscaping, crops, fencing and other support elements.

�� (7) �Repair� means work done to restore worn or damaged real property or facilities to normal operating condition.

�� (8) �Replace� means to exchange or substitute a facility component for another component performing the same function at the same or higher level of performance or economy and in compliance with then current building code requirements. [1995 c.452 �9]

�� 276.285 Maintenance, preservation and development of state-owned property; dedicated accounts; rental program. (1) It is the policy of the State of Oregon to facilitate and encourage state agencies that own real property and operate facilities to manage and develop these properties in an effective and businesslike manner. The maintenance, preservation and development of state-owned real property and facilities, including, but not limited to, educational institutions, hospitals, parks, roads, libraries and fish hatcheries is essential to enable the State of Oregon to meet the needs of its citizens now and in the future. The purpose of chapter 452, Oregon Laws 1995, is to maintain and protect the investment of the State of Oregon in its public infrastructure.

�� (2) Any state agency that owns and operates real property or facilities is authorized to establish a separate dedicated account in the State Treasury for the purpose of paying the expenses of constructing, operating, maintaining, repairing, replacing, equipping, improving, acquiring and disposing of such real property and facilities. All moneys in an account established pursuant to this subsection are appropriated continuously to the agency for the purposes described in this subsection. All interest earned on moneys in the account shall be retained in and credited to the account.

�� (3) Any state agency that owns or operates real property or facilities may establish a rental program for the purpose of recovering and paying for the costs, including debt service, of constructing, operating, maintaining, repairing, replacing, equipping, improving and disposing of real property and facilities consistent with the statutory authority of the state agency. All revenues from such rental programs shall be deposited in the account established pursuant to subsection (2) of this section.

�� (4) Whenever a state agency that owns and operates real property and facilities, and that has an established account under subsection (2) of this section sells or leases real property, the proceeds from the sale or lease shall be credited to the account established pursuant to subsection (2) of this section, unless disposition of the proceeds is otherwise provided by law.

�� (5) If a state agency that owns and operates real property and facilities has other statutory authority to provide funding for real property and facility operation and management, the agency may use that authority in lieu of or in addition to the provisions of this section.

�� (6) When a state agency establishes an account pursuant to subsection (2) of this section, the agency shall provide a report of the revenues to and expenditures from the account as part of its budget submission to the Governor and the Legislative Assembly under ORS chapter 291. The establishment by state agencies of rental rates for real property or facilities pursuant to this section shall be on a biennial basis as part of the budget development process, but modification of the rates may be made during the interim between legislative sessions after a report to the Emergency Board of the proposed rate modification. [1995 c.452 �10; 2017 c.532 �13]

�� Note: Legislative Counsel has substituted �chapter 452, Oregon Laws 1995,� for the words �this Act� in section 10, chapter 452, Oregon Laws 1995, compiled as 276.285. Specific ORS references have not been substituted pursuant to 173.160. These sections may be determined by referring to the 1995 Comparative Section Table located in Volume 22 of ORS.

ASSIGNMENT, LEASING AND RENTAL OF STATE BUILDINGS AND OTHER OFFICE QUARTERS

�� 276.385 Rentals for buildings other than State Capitol or Supreme Court Building. (1) Notwithstanding any other provision of law, the Oregon Department of Administrative Services shall fix rentals for space in buildings specified in ORS 276.004, and rentals or other charges for parking facilities. The rentals shall be fixed on a basis as nearly uniform as practicable to provide amounts:

�� (a) To pay the expenses of operating, maintaining and insuring and paying depreciation on the buildings controlled and managed by the department;

�� (b) To construct, improve, repair, equip and furnish additional buildings, structures and other projects for state government, and to purchase or improve sites therefor; and

�� (c) To provide amounts necessary to repay indebtedness, and the interest thereon, incurred to construct, improve, repair, equip and furnish buildings, structures and other projects for state government.

�� (2) The Oregon Department of Administrative Services shall negotiate with the Department of Transportation and other state agencies who own, operate or control state buildings to determine a fair rental rate when such facilities are to be used by other than the owning agency.

�� (3) Except in the case of the State Transportation Building and such other buildings owned or controlled by other state agencies, all rentals under this section shall be credited to the Oregon Department of Administrative Services Operating Fund. Rentals for the State Transportation Building, and such other state-owned buildings, are credited to the appropriate state fund for the purposes of that fund. [1969 c.706 �10; 1977 c.116 �4; 1977 c.598 �12; 1993 c.500 �21; 2005 c.755 �9]

�� 276.390 Submission of rent schedule to Emergency Board or Joint Interim Committee on Ways and Means. Not later than June 30 of each even-numbered year, the Oregon Department of Administrative Services shall submit to the Emergency Board or to the Joint Interim Committee on Ways and Means a schedule of rentals proposed for the biennium beginning on July 1 of the next calendar year. [1969 c.706 �11; 1977 c.598 �13; 2011 c.545 �36; 2012 c.107 �7; 2019 c.20 �1]

�� 276.410 Assignment of quarters to officers and state agencies. (1) The Oregon Department of Administrative Services shall assign state agencies office space in the buildings described in ORS 276.004 or in leased quarters as provided in ORS

ORS 287A.488

287A.488. [1959 c.208 �1]

�� 294.055 Use by counties of moneys received from federal government under the Mineral Leasing Act. All funds received from the United States Government under the Mineral Leasing Act and Acts amendatory thereof and distributed to counties pursuant to ORS 293.565 shall be used for the support of public schools or for the construction and maintenance of public roads in such counties.

�� 294.060 Apportionment of moneys received by counties from federal forest reserves to road and school funds; alternative crediting of moneys. (1) The moneys received by each county under ORS 293.560 shall be divided 75 percent to the road fund and 25 percent to the school fund of the county and, subject to subsection (2) of this section, the moneys shall be expended as other moneys in those funds are expended.

�� (2) The moneys apportioned to the county road fund may be applied in payment of any outstanding road bonds or may be placed in any county road bond sinking fund for the purpose of being so applied.

�� (3) Notwithstanding the division of receipts specified in subsection (1) of this section, in any county east of the summit of the Cascade Mountains with a population of less than 9,000 and more than 6,500, according to the 1990 federal decennial census, moneys from the road fund in excess of $2 million may be transferred to the school fund when the amount of moneys credited to the road fund under subsection (1) of this section exceeds the amount needed for county roads, as determined by the board of county commissioners. Any amount received by a school district from the school fund of the county may not be considered as a receipt that would reduce the district�s apportionments from the State School Fund.

�� (4) Notwithstanding the division of receipts specified in subsection (1) of this section, in any county east of the summit of the Cascade Mountains with a population of less than 58,000 and more than 55,000, according to the 1990 federal decennial census, if the moneys credited to the road fund under subsection (1) of this section exceed the amount needed for county roads, as determined by the county governing body, the portion of such moneys in excess of an amount specified by the county governing body may be transferred to the school fund of the county or may be transferred directly to the school districts of the county in accordance with procedures established by the county governing body. The county governing body may distribute moneys under this subsection among the several school districts without regard to the percentage of the resident average daily membership in each school district. Moneys transferred under this subsection may be transferred upon the condition that any school district receiving a share of such moneys must use the moneys only for a purpose described in ORS 328.205 (1)(a) or (c). Any amount received by a school district from the county under this subsection may not be considered as a receipt that would reduce the district�s apportionments from the State School Fund.

�� (5) Notwithstanding the division of receipts specified in subsection (1) of this section, in any county east of the summit of the Cascade Mountains with a population of less than 6,500, according to the 1990 federal decennial census, moneys received by the county under ORS 293.560 may be divided between the road fund and the school fund of the county as specified under an agreement between the county governing body and the education service district board of the county that provides for a different apportionment of those moneys. Any amount received by a school district from the school fund of the county may not be considered as a receipt that would reduce the district�s apportionments from the State School Fund.

�� (6) Notwithstanding the division of receipts specified in subsection (1) of this section, in any county west of the summit of the Cascade Mountains with a population of less than 19,500 and more than 6,500, according to the 1990 federal decennial census, moneys from the road fund in excess of $1 million may be transferred to the school fund when the amount of moneys credited to the road fund under subsection (1) of this section exceeds the amount needed for county roads, as determined by the board of county commissioners. Any amount received by a school district from the school fund of the county may not be considered as a receipt that would reduce the district�s apportionments from the State School Fund.

�� (7) As used in subsections (3) to (6) of this section, �summit of the Cascade Mountains� has the meaning given that term in ORS 477.001.

�� (8)(a) Notwithstanding the division of receipts specified in subsection (1) of this section, the moneys that would otherwise be credited to the road fund of a county under subsection (1) of this section may instead be credited in accordance with this subsection.

�� (b) Upon request of the governing body of a county, the Oregon Department of Administrative Services shall credit the moneys described in paragraph (a) of this subsection to one of the following public bodies, provided the service territory of the public body includes the entire county:

�� (A) An intergovernmental entity created by agreement under ORS 190.003 to 190.130;

�� (B) A county road district formed under ORS 371.055 to 371.110; or

�� (C) A service district for roads established under ORS chapter 451.

�� (c) Moneys credited to a public body under this subsection shall be used in the same manner and subject to the same restrictions as would have applied to the moneys in the hands of the county that made the request under paragraph (b) of this subsection, including, but not limited to, the requirements of ORS chapter 368 related to the use of moneys in a county road fund.

�� (d) The governing body of the county may request that the department discontinue crediting the moneys to the public body at any time. Not later than 30 days after receiving a request under this paragraph, the department shall resume crediting the moneys in accordance with subsection (1) of this section. [Amended by 1969 c.327 �1; 1971 c.539 �1; 1977 c.776 �1; 1981 c.342 �1; 1987 c.315 �1; 1989 c.579 �1; 1991 c.309 �1; 2003 c.226 �21; 2021 c.113 �1; 2023 c.537 �2]

�� 294.063 [2012 c.75 ��4,5; 2013 c.479 ��4,5; renumbered 368.708 in 2015]

�� 294.065 Use by counties of moneys received from federal government under the federal Flood Control Act. All moneys received from the United States Government under the federal Flood Control Act, and Acts amendatory thereof and supplemental thereto, and distributed to counties pursuant to ORS 293.570, shall be used for the benefit of the public schools and public roads of the counties receiving the funds.

�� 294.070 Expenditure of Taylor Grazing Act funds; advisory board. (1) Except for moneys required to be expended through the county general fund as required by subsection (5) of this section, all moneys paid to a county under ORS 293.575 shall be deposited with the county treasurer and credited to a special fund designated the Range Improvement Fund of Grazing District No. _____. The county treasurer as ex officio district treasurer shall disburse the moneys in the Range Improvement Fund only upon the written order of the grazing advisory board.

�� (2) Except as provided in subsection (4) of this section, money from grazing fees of grazing districts shall be expended within such district as the grazing advisory board may direct and shall be expended only for range improvements, such as fences, reservoirs, wells, water development, maintenance and other range improvements approved by the grazing advisory board.

�� (3) Pending approval by the grazing advisory board of the expenditure of such money, all or any part of it may be invested in United States Government securities. In such case the securities shall be held by the county treasurer in lieu of such money so invested and subject to liquidation and expenditure when recommended by the grazing advisory board.

�� (4) In counties receiving funds from grazing districts containing Indian lands ceded to the United States for disposition under public land laws, funds therefrom shall be expended only for the benefit of public schools and public roads of such county.

�� (5) In counties in which there are leased lands but no grazing district, such funds shall be expended by the county court through the county general fund.

�� (6) As used in this section, �grazing advisory board� means a board appointed by the governing body of any county receiving funds under ORS 293.575 and authorized to expend those funds as provided in this section. [Formerly 606.230; 1969 c.255 �1; 1977 c.115 �1; 1981 c.42 �1; 1991 c.67 �73]

�� 294.080 Disposition of interest earned on funds held by county treasurer. (1) Except as provided in subsections (2) and (3) of this section, the county treasurer shall credit to the general fund of the county all interest received from any investment made from the general cash balance of any funds in the hands of the county treasurer. If the entire investment is made from a specific fund, however, the treasurer shall credit the interest to the fund from which the investment was made.

�� (2) The county fiscal officer of a community college district, as defined in ORS 341.005, shall credit to the general fund of the district all interest received from any investment made by funds in the hands of the county fiscal officer. If the entire investment is made from a specific fund, however, the county fiscal officer shall credit the interest to the fund from which the investment was made.

�� (3) Interest earned by investment of any moneys received by the county treasurer from any source, which moneys have been designated for a particular municipal corporation as defined in ORS 294.311, shall be credited to the account of the particular municipal corporation and not to any county fund. [1963 c.316 �1; 1971 c.513 �54; 1979 c.762 �8; 1997 c.308 �33]

�� 294.085 [Amended by 1985 c.565 �49; 2011 c.62 �1; repealed by 2015 c.168 �2]

�� 294.090 County orders and vouchers to be numbered to correspond to warrants drawn. The county clerk and clerk of the county court shall number all orders and vouchers with numbers to correspond with warrants drawn.

�� 294.095 Action or proceeding with respect to budget or levy; fiscal year with respect to which taken. Wherever it is provided by law that any action or proceeding of any county, city, school district or other municipal corporation or body politic shall be taken with respect to a budget or tax levy for the calendar year, or for a fiscal year closing on any day other than June 30, each such action or proceeding shall be taken with respect to the fiscal year commencing on July 1 and closing on June 30.

�� 294.100 Public official expending money in excess of amount or for different purpose than provided by law unlawful; civil liability. (1) It is unlawful for any public official to expend any moneys in excess of the amounts provided by law, or for any other or different purpose than provided by law.

�� (2) Any public official who expends any public moneys in excess of the amounts or for any other or different purpose than authorized by law shall be civilly liable for the return of the money by suit of the district attorney of the district in which the offense is committed, or at the suit of any taxpayer of such district, if the expenditure constitutes malfeasance in office or willful or wanton neglect of duty.

�� (3) On the demand in writing of 10 taxpayers of any municipal corporation with a population exceeding 100,000 inhabitants, filed with the tax supervising and conservation commission in the county in which the municipal corporation is situated, which demand sets forth that a public official has unlawfully expended public moneys in excess of the amount or for any other or different purpose than provided by law and that the expenditure constitutes malfeasance in office or willful or wanton neglect of duty, the tax supervising and conservation commission shall make an investigation of the facts as to the expenditure. If the tax supervising and conservation commission finds that public moneys have been unlawfully expended and that the expenditure constitutes malfeasance in office or willful or wanton neglect of duty, the commission shall proceed at law in the courts against the public official who has unlawfully expended the moneys for the return of the moneys unlawfully expended to the treasury of the municipal corporation. A right of action hereby is granted to the tax supervising and conservation commission for the purposes of this section.

�� (4) This section does not apply to the expenditure of revenues that are allowed to be accrued from a fiscal year to the prior fiscal year under ORS 294.383. [Amended by 2001 c.399 �1; 2002 s.s.4 c.1 ��9,10]

�� 294.105 [Amended by 1963 c.9 �15; 1973 c.315 �1; repealed by 1983 c.537 �7]

�� 294.110 [Repealed by 1953 c.306 �18]

�� 294.115 [1953 c.655 �1; repealed by 1963 c.576 �44]

�� 294.120 Use of facsimile signatures. (1) When authorized to use facsimile signatures by the governing body of any county, city, district organized for public purposes or any other public corporation or political subdivision of the state, any person authorized to sign any check, warrant or other instrument on behalf of the county, city, district, public corporation or political subdivision may, in the discretion of the person, sign the check, warrant or other instrument by facsimile signature affixed by rubber stamp or by any mechanical equipment or device.

�� (2) Where the use of facsimile signatures is authorized under this section, the holder or drawee of any check, warrant or other instrument bearing or purporting to bear a facsimile signature shall be under no duty to determine the authority of the person who affixed the facsimile signature to use facsimile signatures. [1955 c.261 �1]

�� 294.125 Investment of funds authorized by order of governing body; limitations. (1) Subject to ORS 294.040 and

ORS 293.445

293.445. After payment of administration expenses incurred by the department in the administration of ORS 465.101 to 465.131 and of refunds or credits arising from erroneous overpayments, the balance of the money shall be credited to the appropriate accounts as approved by the Legislative Assembly to carry out the state�s oil, hazardous material and hazardous substance emergency response program as it relates to the maintenance, operation and use of the public highways, roads, streets and roadside rest areas in this state as allowed by section 3a, Article IX of the Oregon Constitution. [1989 c.833 �147; 1989 c.935 �4; 1993 c.707 �1]

�� 465.130 [Repealed by 1989 c.846 �15]

�� 465.131 Fee imposed by ORS 465.104 in addition to fees established by local government. The fee imposed by ORS 465.104 is in addition to all other state, county or municipal fees on a petroleum product. [1989 c.833 �148]

�� 465.140 [Amended by 1989 c.846 �12; renumbered 105.570 in 1989]

�� 465.150 [Amended by 1953 c.540 �5; repealed by 1989 c.846 �15]

�� 465.155 [1953 c.540 �4; repealed by 1989 c.846 �15]

�� 465.160 [Repealed by 1989 c.846 �15]

�� 465.170 [Repealed by 1989 c.846 �15]

�� 465.180 [Repealed by 1989 c.846 �15]

REMOVAL OR REMEDIAL ACTION

(Generally)

�� 465.200 Definitions. As used in ORS 465.200 to 465.485 and 465.900:

�� (1) �Claim� means a demand in writing for a sum certain.

�� (2) �Commission� means the Environmental Quality Commission.

�� (3) �Department� means the Department of Environmental Quality.

�� (4) �Director� means the Director of the Department of Environmental Quality.

�� (5) �Environment� includes the waters of the state, any drinking water supply, any land surface and subsurface strata and ambient air.

�� (6) �Facility� means any building, structure, installation, equipment, pipe or pipeline including any pipe into a sewer or publicly owned treatment works, well, pit, pond, lagoon, impoundment, ditch, landfill, storage container, above ground tank, underground storage tank, motor vehicle, rolling stock, aircraft, or any site or area where a hazardous substance has been deposited, stored, disposed of, or placed, or otherwise come to be located and where a release has occurred or where there is a threat of a release, but does not include any consumer product in consumer use or any vessel.

�� (7) �Fund� means the Hazardous Substance Remedial Action Fund established by ORS 465.381.

�� (8) �Guarantor� means any person, other than the owner or operator, who provides evidence of financial responsibility for an owner or operator under ORS 465.200 to 465.485 and 465.900.

�� (9) �Hazardous substance� means:

�� (a) Hazardous waste as defined in ORS 466.005.

�� (b) Any substance defined as a hazardous substance pursuant to section 101(14) of the federal Comprehensive Environmental Response, Compensation and Liability Act, P.L. 96-510, as amended, and P.L. 99-499.

�� (c) Oil.

�� (d) Any substance designated by the commission under ORS 465.400.

�� (10) �Natural resources� includes but is not limited to land, fish, wildlife, biota, air, surface water, ground water, drinking water supplies and any other resource owned, managed, held in trust or otherwise controlled by the State of Oregon or a political subdivision of the state.

�� (11) �Oil� includes gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge or refuse and any other petroleum-related product, or waste or fraction thereof that is liquid at a temperature of 60 degrees Fahrenheit and pressure of 14.7 pounds per square inch absolute.

�� (12) �Owner or operator� means any person who owned, leased, operated, controlled or exercised significant control over the operation of a facility. �Owner or operator� does not include a person, who, without participating in the management of a facility, holds indicia of ownership primarily to protect a security interest in the facility.

�� (13) �Person� means an individual, trust, firm, joint stock company, joint venture, consortium, commercial entity, partnership, association, corporation, commission, state and any agency thereof, political subdivision of the state, interstate body or the federal government including any agency thereof.

�� (14) �Release� means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping or disposing into the environment including the abandonment or discarding of barrels, containers and other closed receptacles containing any hazardous substance, or threat thereof, but excludes:

�� (a) Any release that results in exposure to a person solely within a workplace, with respect to a claim that the person may assert against the person�s employer under ORS chapter 656;

�� (b) Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel or pipeline pumping station engine;

�� (c) Any release of source, by-product or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954, as amended, if the release is subject to requirements with respect to financial protection established by the Nuclear Regulatory Commission under section 170 of the Atomic Energy Act of 1954, as amended, or, for the purposes of ORS 465.260 or any other removal or remedial action, any release of source by-product or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978; and

�� (d) The normal application of fertilizer.

�� (15)(a) �Remedial action� means those actions consistent with a permanent remedial action taken instead of or in addition to removal actions in the event of a release or threatened release of a hazardous substance into the environment, to prevent or minimize the release of a hazardous substance so that it does not migrate to cause substantial danger to present or future public health, safety, welfare or the environment.

�� (b) �Remedial action� includes, but is not limited to:

�� (A) Such actions at the location of the release as storage, confinement, perimeter protection using dikes, trenches or ditches, clay cover, neutralization, cleanup of released hazardous substances and associated contaminated materials, recycling or reuse, diversion, destruction, segregation of reactive wastes, dredging or excavations, repair or replacement of leaking containers, collection of leachate and runoff, on-site treatment or incineration, provision of alternative drinking and household water supplies, and any monitoring reasonably required to assure that the actions protect the public health, safety, welfare and the environment.

�� (B) Offsite transport and offsite storage, treatment, destruction or secure disposition of hazardous substances and associated, contaminated materials.

�� (C) Such actions as may be necessary to monitor, assess, evaluate or investigate a release or threat of release.

�� (16) �Remedial action costs� means reasonable costs which are attributable to or associated with a removal or remedial action at a facility, including but not limited to the costs of administration, investigation, legal or enforcement activities, contracts and health studies.

�� (17) �Removal� means the cleanup or removal of a released hazardous substance from the environment, such actions as may be necessary taken in the event of the threat of release of a hazardous substance into the environment, such actions as may be necessary to monitor, assess and evaluate the release or threat of release of a hazardous substance, the disposal of removed material, or the taking of such other actions as may be necessary to prevent, minimize or mitigate damage to the public health, safety, welfare or to the environment, that may otherwise result from a release or threat of release. �Removal� also includes but is not limited to security fencing or other measures to limit access, provision of alternative drinking and household water supplies, temporary evacuation and housing of threatened individuals and action taken under ORS 465.260.

�� (18) �Transport� means the movement of a hazardous substance by any mode, including pipeline and in the case of a hazardous substance that has been accepted for transportation by a common or contract carrier, the term �transport� shall include any stoppage in transit that is temporary, incidental to the transportation movement, and at the ordinary operating convenience of a common or contract carrier, and any such stoppage shall be considered as a continuity of movement and not as the storage of a hazardous substance.

�� (19) �Underground storage tank� has the meaning given that term in ORS 466.706.

�� (20) �Waters of the state� has the meaning given that term in ORS 468B.005. [Formerly 466.540; 1995 c.427 �1; 2001 c.495 �19; 2003 c.407 ��23,24; 2023 c.262 �3]

�� 465.205 Legislative findings. (1) The Legislative Assembly finds that:

�� (a) The release of a hazardous substance into the environment may present an imminent and substantial threat to the public health, safety, welfare and the environment; and

�� (b) The threats posed by the release of a hazardous substance can be minimized by prompt identification of facilities and implementation of removal or remedial action.

�� (2) Therefore, the Legislative Assembly declares that:

�� (a) It is in the interest of the public health, safety, welfare and the environment to provide the means to minimize the hazards of and damages from facilities.

�� (b) It is the purpose of ORS 465.200 to 465.485 and 465.900 to:

�� (A) Protect the public health, safety, welfare and the environment; and

�� (B) Provide sufficient and reliable funding for the Department of Environmental Quality to expediently and effectively authorize, require or undertake removal or remedial action to abate hazards to the public health, safety, welfare and the environment. [Formerly 466.547]

�� 465.210 Authority of department for removal or remedial action. (1) In addition to any other authority granted by law, the Department of Environmental Quality may:

�� (a) Undertake independently, in cooperation with others or by contract, investigations, studies, sampling, monitoring, assessments, surveying, testing, analyzing, planning, inspecting, training, engineering, design, construction, operation, maintenance and any other activity necessary to conduct removal or remedial action and to carry out the provisions of ORS 465.200 to 465.485 and 465.900; and

�� (b) Recover the state�s remedial action costs.

�� (2) The Environmental Quality Commission and the department may participate in or conduct activities pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended, P.L. 96-510 and P.L. 99-499, and the corrective action provisions of Subtitle I of the federal Solid Waste Disposal Act, as amended, P.L. 96-482 and P.L. 98-616. Such participation may include, but need not be limited to, entering into a cooperative agreement with the United States Environmental Protection Agency.

�� (3) Nothing in ORS 465.200 to 465.485 and 465.900 shall restrict the State of Oregon from participating in or conducting activities pursuant to the federal Comprehensive Environmental Response, Compensation and Liability Act, as amended, P.L. 96-510 and P.L. 99-499. [Formerly 466.550]

�� 465.215 List of facilities with confirmed release. (1) For the purposes of providing public information, the Director of the Department of Environmental Quality shall develop and maintain a list of all facilities with a confirmed release as defined by the Environmental Quality Commission under ORS 465.405.

�� (2) The director shall make the list available for the public at the offices of the Department of Environmental Quality.

�� (3) The list shall include but need not be limited to the following items, if known:

�� (a) A general description of the facility;

�� (b) Address or location;

�� (c) Time period during which a release occurred;

�� (d) Name of the current owner and operator and names of any past owners and operators during the time period of a release of a hazardous substance;

�� (e) Type and quantity of a hazardous substance released at the facility;

�� (f) Manner of release of the hazardous substance;

�� (g) Levels of a hazardous substance, if any, in ground water, surface water, air and soils at the facility;

�� (h) Status of removal or remedial actions at the facility; and

�� (i) Other items the director determines necessary.

�� (4) At least 60 days before a facility is added to the list the director shall notify by certified mail or personal service the owner and operator, if known, of all or any part of the facility that is to be included in the list. The notice shall inform the owner and operator that the owner and operator may comment on the decision of the director to add the facility to the list within 45 days of receiving the notice. The decision of the director to add a facility to the list is not appealable to the Environmental Quality Commission or subject to judicial review under ORS chapter 183. [Formerly 466.557]

�� 465.220 Comprehensive statewide identification program; notice. (1) The Department of Environmental Quality shall develop and implement a comprehensive statewide program to identify any release or threat of release from a facility that may require remedial action.

�� (2) The department shall notify all daily and weekly newspapers of general circulation in the state and all broadcast media of the program developed under subsection (1) of this section. The notice shall include information about how the public may provide information on a release or threat of release from a facility.

�� (3) In developing the program under subsection (1) of this section, the department shall examine, at a minimum, any industrial or commercial activity that historically has been a major source in this state of releases of hazardous substances.

�� (4) The department shall include information about the implementation and progress of the program developed under subsection (1) of this section in the report required under ORS 465.235. [Formerly 466.560]

�� 465.225 Inventory of facilities needing environmental controls; preliminary assessment; notice to operator; criteria for adding facilities to inventory. (1) For the purpose of providing public information, the Director of the Department of Environmental Quality shall develop and maintain an inventory of all facilities for which:

�� (a) A confirmed release is documented by the department; and

�� (b) The director determines that additional investigation, removal, remedial action, long-term environmental controls or institutional controls are needed to assure protection of present and future public health, safety, welfare or the environment.

�� (2) The determination that additional investigation, removal, remedial action, long-term environmental controls or institutional controls are needed under subsection (1) of this section shall be based upon a preliminary assessment approved or conducted by the department.

�� (3) Before the department conducts a preliminary assessment, the director shall notify the owner and operator, if known, that the department is proceeding with a preliminary assessment and that the owner or operator may submit information to the department that would assist the department in conducting a complete and accurate preliminary assessment.

�� (4) At least 60 days before the director adds a facility to the inventory, the director shall notify by certified mail or personal service the owner and operator, if known, of all or any part of the facility that is to be included in the inventory. The decision of the director to add a facility to the inventory is not appealable to the Environmental Quality Commission or subject to judicial review under ORS chapter 183.

�� (5) The notice provided under subsection (4) of this section shall include the preliminary assessment and shall inform the owner or operator that the owner or operator may comment on the information contained in the preliminary assessment within 45 days after receiving the notice. For good cause shown, the department may grant an extension of time to comment. The extension shall not exceed 45 additional days.

�� (6) The director shall consider relevant and appropriate information submitted by the owner or operator in making the final decision about whether to add a facility to the inventory.

�� (7) The director shall review the information submitted and add the facility to inventory if the director determines that a confirmed release has occurred and that additional investigation, removal, remedial action, long-term environmental controls or institutional controls are needed to assure protection of present and future public health, safety, welfare or the environment. [1989 c.485 �3]

�� 465.230 Removal of facilities from inventory; criteria. (1) According to rules adopted by the Environmental Quality Commission, the Director of the Department of Environmental Quality shall remove a facility from the list or inventory, or both, if the director determines:

�� (a) Actions taken at the facility have attained a degree of cleanup and control of further release that assures protection of present and future public health, safety, welfare and the environment;

�� (b) No further action is needed to assure protection of present and future public health, safety, welfare and the environment; or

�� (c) The facility satisfies other appropriate criteria for assuring protection of present and future public health, safety, welfare and the environment.

�� (2) The director shall not remove a facility if continuing environmental controls or institutional controls are needed to assure protection of present and future public health, safety, welfare and the environment, so long as such controls are related to removal or remedial action. [1989 c.485 �4]

�� 465.235 Public inspection of inventory; information included in inventory; organization; report; action plan. (1) The Director of the Department of Environmental Quality shall make the inventory available to the public at the office of the Department of Environmental Quality.

�� (2) The inventory shall include but need not be limited to:

�� (a) The following information, if known:

�� (A) A general description of the facility;

�� (B) Address or location;

�� (C) Time period during which a release occurred;

�� (D) Name of current owner and operator and names of any past owners and operators during the time period of a release of a hazardous substance;

�� (E) Type and quantity of a hazardous substance released at the facility;

�� (F) Manner of release of the hazardous substance;

�� (G) Levels of a hazardous substance, if any, in ground water, surface water, air and soils at the facility;

�� (H) Hazard ranking and narrative information regarding threats to the environment and public health;

�� (I) Status of removal or remedial actions at the facility; and

�� (J) Other items the director determines necessary; and

�� (b) Information that indicates whether the remedial action at the facility will be funded primarily by:

�� (A) The department through the use of moneys in the Hazardous Substance Remedial Action Fund;

�� (B) An owner or operator or other person under an agreement, order or consent judgment under ORS 465.200 to 465.485; or

�� (C) An owner or operator or other person under other state or federal authority.

�� (3) The department may organize the inventory into categories of facilities, including but not limited to the types of facilities listed in subsection (2) of this section.

�� (4) On or before January 15 of each year, the department shall submit the inventory and a report to the Governor, the Legislative Assembly and the Environmental Quality Commission. The annual report shall include a quantitative and narrative summary of the department�s accomplishments during the previous fiscal year and the department�s goals for the current fiscal year, including but not limited to each of the following areas:

�� (a) Facilities with a suspected release added to the department�s database;

�� (b) Facilities with a confirmed release added to the department�s list;

�� (c) Facilities added to and removed from the inventory;

�� (d) Removals initiated and completed;

�� (e) Preliminary assessments initiated and completed;

�� (f) Remedial investigations initiated and completed;

�� (g) Feasibility studies initiated and completed; and

�� (h) Remedial actions, including long-term environmental controls and institutional controls, initiated and completed.

�� (5) Beginning in 1991, and every fourth year thereafter, the report required under subsection (4) of this section shall include a four-year plan of action for those items under subsection (4)(e) to (h) of this section. The four-year plan shall include projections of funding and staffing levels necessary to implement the four-year plan. [1989 c.485 �5; 2003 c.576 �459]

�� 465.240 Inventory listing not prerequisite to other remedial action. Nothing in ORS 465.225 to 465.240,

ORS 366.290

366.290 or 373.010. [1967 c.272 �1; 1975 c.587 �1; 1975 c.782 �51a]

�� 366.323 Studies to aid in relocating persons displaced by highway acquisition. When plans of the Department of Transportation projected for one year involve acquisition of properties in any city which will require removal of 25 or more dwelling units, businesses or institutions, the Department of Transportation shall make a study of the persons residing on or maintaining businesses or institutions on property scheduled for highway acquisition. Such studies shall be kept current until the premises required for highway acquisition are vacated. The department shall obtain such other information as it finds appropriate to aid in the relocation of persons displaced by the highway acquisition, and may extend its studies beyond city boundaries when the highway acquisition will involve dwellings, businesses or institutions within three miles of a city boundary. Such information shall be made available to the persons displaced and to other persons who may provide or assist in providing new locations. This section shall apply whether the highway acquisitions will be paid for in whole or in part from state funds either directly or by reimbursement. The Department of Transportation may contract with any governmental subdivision or agency, or with private concerns to make and maintain such studies, or may employ necessary assistants therefor. [1959 c.648 �1; 1963 c.187 �1]

�� 366.324 Financial assistance to persons displaced by highway acquisition; rules. (1) When federal funds are available for payment of direct financial assistance to persons displaced by highway acquisition, the Department of Transportation may match such federal funds to the extent provided by federal law and to provide such direct financial assistance in the instances and on the conditions set forth by federal law and regulations.

�� (2) When federal funds are not available or used for payment of direct financial assistance to persons displaced by department acquisition of property, the department may provide direct financial assistance to such persons. Financial assistance authorized by this subsection shall not exceed the total amount that would have been payable under subsection (1) of this section if federal funds had been available or used. The department may adopt rules and regulations to carry out the provisions of this subsection. [1959 c.648 �2; 1963 c.187 �2; 1965 c.222 �1]

�� 366.325 Rights of way through cemeteries. The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain, real property for right of way through a cemetery, except that the department has no authority to acquire any such real property by exercise of the power of eminent domain if within the area sought to be taken there are graves which would be disturbed by the location and construction of a highway. The department may acquire by purchase, agreement, donation or exercise of the power of eminent domain, real property contiguous to the cemetery, and may convey such real property to the cemetery association or the owners of the cemetery in exchange for the property sought to be acquired for right of way purposes, but such authority shall not be exercised unless and until the owners of the cemetery agree in writing to the exchange of lands.

�� 366.330 Acquisition of land adjoining right of way. The Department of Transportation may, when acquiring real property for right of way purposes, acquire additional real property adjoining the real property sought to be acquired for the particular public project if such additional and adjoining real property is needed for the purpose of moving and establishing thereon buildings or other structures then established on real property required for right of way purposes. The acquisition of the abutting, additional real property may be accomplished by purchase, agreement, donation or exercise of the power of eminent domain. Such real property can be acquired only in the event that the owner of the real property required for right of way purposes and on which there is then located buildings or other structures, has entered into a written agreement with the department providing for and consenting to the removal and reestablishment of the buildings or structures on the additional, abutting real property.

�� 366.332 Definitions for ORS 366.332 and 366.333. As used in this section and ORS 366.333:

�� (1) �Real property� includes any right, title or interest in real property.

�� (2) �Utility� means any corporation, including municipal or quasi-municipal corporation, company, individual, association of individuals, lessee, trustee or receiver, that owns, operates, manages or controls all or part of any plant or equipment in this state, whether or not such plant or equipment or part thereof is wholly within or outside any city, which plant or equipment is used, directly or indirectly:

�� (a) For the conveyance of telegraph or telephone messages, with or without wires;

�� (b) For the transportation of water, gas or petroleum products by pipelines;

�� (c) For the production, transmission, delivery or furnishing of heat, light, water, power, electricity or electrical impulses; or

�� (d) For the transmission and delivery of television pictures and sound by cables. [1965 c.382 �2]

�� 366.333 Acquisition of utility real property; exchange of land for right of way. (1) If real property upon which utility facilities are located is necessary for city street, public road or state highway location, relocation, construction, reconstruction, betterment or maintenance, and any portion of the real property is likewise required by the utility for the proper operation of its business, but the utility is willing to convey the real property to the state for city street, public road or state highway purposes in exchange for other real property within a reasonable distance, the state, through the Department of Transportation, may acquire by purchase, agreement or by the exercise of the power of eminent domain, other real property, except that of another utility, within a reasonable distance. After having acquired such real property, the state, through the department, may convey it to the utility in exchange for the real property required from the utility for city street, public road or state highway purposes. The difference in the value of the respective real properties shall be considered by the department in making the exchange.

�� (2) ORS 366.332 and this section do not vest in any utility any right, title or interest in any city street, public road, state highway or other public property. [1965 c.382 ��3,4]

�� 366.335 Acquisition of railroad right of way; exchange of land therefor. (1) Whenever in the location, relocation, construction or betterment of any highway within the state, it is deemed necessary to locate, relocate or construct the highway, or any part thereof, upon the right of way of any railroad company, the state, through the Department of Transportation, may negotiate and agree with the railroad company for the right to use or occupy the right of way, or so much thereof as is necessary for highway purposes.

�� (2) In case no satisfactory agreement can be effected, then the state, through the department, may acquire the right of way by exercise of the power of eminent domain, and for that purpose may commence and prosecute condemnation proceedings to acquire the right to the use and occupancy of sufficient of the railroad right of way for highway purposes.

�� (3) Nothing in subsection (2) of this section authorizes the use or occupancy of the railroad right of way which would interfere with the operation of the railroad or its necessary appurtenances, taking into consideration the use of the railroad right of way by the company for yards, terminals, station grounds and necessary additional trackage, or which would jeopardize the safety of the public.

�� (4) In the event that the right of way or property of any railroad company in the state required or needed for state highway location, relocation, construction or betterment, and any portion of the property or right of way is likewise needed and required by the railroad company for the proper operation of its trains and the usual and ordinary conduct of its business, but which property or land the railroad company is willing to deed to the state for highway purposes in exchange for a like amount of land within a reasonable distance, the state, through the department, may acquire by purchase, agreement or by exercise of the power of eminent domain, an equal amount of land or property within a reasonable distance. After having acquired such land or property, the state, through the department, may convey the same to the railroad company in exchange for the land or property needed and required from the railroad company for highway purposes. The difference in the value of the respective parcels of land shall be considered by the department in making the exchange. [Amended by 1965 c.383 �1; 1999 c.59 �100]

�� 366.337 Exchange of certain parcels of land authorized. The Department of Transportation, in the name of the State of Oregon, hereby is authorized to convey to any person, firm or corporation all or parts of the real properties described in section 1, chapter 21, Oregon Laws 1953, in exchange for other real properties in close proximity thereto which, in the judgment of the department, are of equal or superior useful value for public use. [1953 c.21 �2]

�� 366.340 Acquisition of real property generally. The Department of Transportation may acquire by purchase, agreement, donation or by exercise of the power of eminent domain real property, or any right or interest therein, including any easement or right of access, deemed necessary for:

�� (1) Construction of shops, equipment sheds, office buildings, maintenance sites, patrolmen accommodations, snow fences, quarry sites, gravel pits, storage sites, stock pile sites, weighing stations and broadcasting stations.

�� (2) Appropriation, acquisition or manufacture of road-building materials, approach or hauling roads, connecting roads, frontage road, highway drainage and drainage tunnels.

�� (3) Maintenance of an unobstructed view of any state highway so as to provide for the safety of the traveling public.

�� (4) Any other use or purpose deemed necessary for carrying out the purposes of this Act.

�� (5) Elimination or prevention of hazardous or undesirable points of entry from adjacent property to state highways. [Amended by 1953 c.252 �2]

�� 366.345 [Amended by 1957 c.392 �1; 1963 c.601 �2; renumbered 390.110]

�� 366.350 [Amended by 1959 c.611 �3; 1963 c.601 �3; renumbered 390.160]

�� 366.355 [Renumbered 390.210]

�� 366.360 Taking fee simple title. In all cases where title to real property is acquired by the Department of Transportation either by donation, agreement or exercise of the power of eminent domain, a title in fee simple may be taken.

�� 366.365 Going upon private property; rules. (1) The Department of Transportation may go upon private property in the manner provided by ORS 35.220 to determine the advisability or practicability of locating and constructing a highway over the property or the source, suitability or availability of road-building materials thereon.

�� (2)(a) The department may go upon private property in the manner provided by ORS 35.220 to inspect a tree that the department believes may potentially pose an immediate and substantial risk of damage or injury because the tree is obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a state highway.

�� (b) If after inspecting the tree the department believes that the tree presents a potential risk as described in paragraph (a) of this subsection, the department may request that an arborist certified by the International Society of Arboriculture conduct a technical evaluation, as defined by the department by rule, of the tree.

�� (c) If the arborist determines after conducting a technical evaluation that the tree presents an immediate and substantial risk of damage or injury, the department may immediately cut down the tree.

�� (3) The department may go upon private property to cut down or remove trees located on the property without notifying the property owner if the department has determined that the trees create an immediate and substantial risk of damage or injury by obstructing, hanging over or otherwise encroaching or threatening to encroach in any manner on a state highway.

�� (4) Within a reasonable amount of time after the department cuts down or removes trees in the manner provided by subsection (2) or (3) of this section, the department shall locate the property owner and notify the property owner of the department�s actions. The department may establish the process of notification by rule. [Amended by 1953 c.252 �2; 2003 c.477 �5; 2005 c.22 �259; 2009 c.130 �1; 2012 c.56 �3]

�� 366.366 Removal of trees. Notwithstanding any city, county or other local government charter or ordinance, the Department of Transportation may cut down or remove trees located within a state highway right of way without first obtaining a permit. [2012 c.56 �2]

�� 366.370 [Repealed by 1971 c.741 �38]

�� 366.375 [Repealed by 1971 c.741 �38]

�� 366.380 [Amended by 1957 c.656 �1; 1959 c.339 �1; 1967 c.479 �7; repealed by 1971 c.741 �38]

�� 366.385 [Repealed by 1967 c.479 �8]

�� 366.390 [Repealed by 1971 c.741 �38]

�� 366.392 [1953 c.621 �1; subsection (2) enacted as 1961 c.404 �1; 1967 c.454 �36; repealed by 1971 c.741 �38]

�� 366.393 [1953 c.621 �2; subsection (2) enacted as 1961 c.404 �2; repealed by 1971 c.741 �38]

�� 366.394 [1967 c.479 �10; repealed by 1971 c.741 �38]

�� 366.395 Disposition or leasing of property; sale of forest products. (1) The Department of Transportation may sell, lease, exchange or otherwise dispose or permit use of real or personal property, including equipment and materials acquired by the department, title to which real or other property may have been taken either in the name of the department, or in the name of the state, and which real or personal property is, in the opinion of the department, no longer needed, required or useful for department purposes, except that real property may be leased when, in the opinion of the department, such real property will not be needed, required or useful for department purposes during the leasing period. The department may exchange property as provided in subsection (3) of this section regardless of whether the property is needed by, required by or useful to the department if, in the judgment of the department, doing so will best serve the interests of the state.

�� (2) The department may sell, lease, exchange or otherwise dispose of such real or personal property in such manner as, in the judgment of the department, will best serve the interests of the state and will most adequately conserve highway funds or the department�s account or fund for the real or personal property. In the case of real property, interest in or title to the same may be conveyed by deed or other instrument executed in the name of the state, by and through the department. All funds or money derived from the sale or lease of any such property shall be paid by the department to the State Treasurer with instructions to the State Treasurer to credit such funds or moneys:

�� (a) To the highway fund; or

�� (b) To the department�s account or fund for the property. The State Treasurer shall credit the funds and moneys so received as the department shall direct.

�� (3) Property described in subsection (1) of this section may be exchanged for other property or for services. As used in this subsection, �services� includes, but is not limited to, public improvements as defined in ORS 279A.010.

�� (4)(a) Before offering forest products for sale the department shall cause the forest products to be appraised.

�� (b) If the appraised value of the forest products exceeds $50,000, the department may not sell them to a private person, firm or corporation except after a public auction to receive competitive bids. Prior to a public auction, the department shall give notice of the auction not less than once a week for three consecutive weeks by publication in one or more newspapers of general circulation in the county in which the forest products are located and by any other means of communication that the department deems advisable. The department shall provide the minimum bid price and a brief statement of the terms and conditions of the sale in the notice.

�� (c) Notice and competitive bidding under paragraph (b) of this subsection is not required if the Director of Transportation declares an emergency to exist that requires the immediate removal of the timber. If an emergency has been so declared:

�� (A) Then the timber, regardless of value, may be sold by a negotiated price; and

�� (B) The director shall make available for public inspection a written statement giving the reasons for declaring the emergency.

�� (5) The department�s account or fund for the forest product shall be credited with the proceeds of the sale. [Amended by 1953 c.252 �2; 1971 c.279 �1; 1983 c.26 �1; 1989 c.904 �60; 1993 c.741 �40; 2005 c.32 �1; 2012 c.56 �4]

�� 366.400 Execution of contracts. The Department of Transportation may enter into all contracts deemed necessary for the construction, maintenance, operation, improvement or betterment of highways or for the accomplishment of the purposes of this Act. All contracts executed by the department shall be made in the name of the state, by and through the department. [Amended by 1953 c.252 �2; 1975 c.771 �24]

�� 366.405 [Amended by 1953 c.252 �2; repealed by 1975 c.771 �33]

�� 366.410 [Repealed by 1975 c.771 �33]

�� 366.415 [Amended by 1967 c.454 �37; 1969 c.423 �2; repealed by 1975 c.771 �33]

�� 366.420 [Repealed by 1975 c.771 �33]

�� 366.425 Deposit of moneys for highway work. (1) Any county, city or road district of the state or any person, firm or corporation may deposit moneys in the State Treasury or may deposit with the Department of Transportation an irrevocable letter of credit approved by the department for laying out, surveying, locating, grading, surfacing, repairing or doing other work upon any public highway within the state under the direction of the department. When any money or a letter of credit is deposited with the department under this subsection, the department shall proceed with the proposed highway project.

�� (2) Money deposited under subsection (1) of this section shall be disbursed for the purpose for which it was deposited upon a voucher approved by the department and a warrant. [Amended by 1967 c.454 �38; 1979 c.365 �1]

�� 366.430 [Amended by 1953 c.252 �2; repealed by 1969 c.429 �6]

�� 366.435 Auditing and allowing claims. The Department of Transportation may allow all claims legally payable out of the highway fund. The department shall, if satisfied as to the correctness and validity of a claim, indorse approval thereon. When claims have been approved and indorsed by the fiscal officer of the department, they shall be filed with the fiscal officer of the department, who shall audit and pay the same out of the highway fund. [Amended by 1953 c.252 �2; 1967 c.454 �39]

�� 366.440 [Repealed by 2015 c.138 �11]

�� 366.445 Repair of damaged highways. The Department of Transportation may repair or cause to be repaired at once any state highway which has been damaged by slides, flood or other catastrophe so that the highway may be immediately reopened to traffic. To accomplish the reopening of the highway the department may, if it is deemed for the best interests of the state, proceed at once to remove the slide or to repair the damage with the department�s own forces, or with other available forces. The department may cause such work to be done by contract without calling for competitive bids.

�� 366.450 Road signs. The Department of Transportation may erect and maintain such directional road and other signs on the state highways at such places and of such material and design as it selects. [Amended by 1957 c.663 �1]

�� 366.455 Removing unlawful signs and structures. The Department of Transportation may take down and remove from the right of way of any state highway any sign or other structure or thing erected or maintained thereon contrary to law. When removing a sign or other structure or thing the department shall follow and comply with the legal or statutory procedure provided by law. [Amended by 2007 c.199 �23]

�� 366.460 Construction of sidewalks within highway right of way. The Department of Transportation may construct and maintain within the right of way of any state highway or section thereof sidewalks, footpaths, bicycle paths or trails for horseback riding or to facilitate the driving of livestock. Before the construction of any of such facilities the department must find and declare that the construction thereof is necessary in the public interest and will contribute to the safety of pedestrians, the motoring public or persons using the highway. Such facilities shall be constructed to permit reasonable ingress and egress to abutting property lawfully entitled to such rights.

�� 366.462 Construction of fences on freeway overpasses. (1) The Department of Transportation shall construct fences on all freeway overpasses that are built on and after November 4, 1993. The fences shall be designed to deter persons from throwing objects from the overpasses onto the freeways.

�� (2) The Department of Transportation shall construct fences on existing freeway overpasses that involve the greatest risk factors. [1993 c.510 ��1,2; 2001 c.104 �125; 2017 c.750 �133]

�� Note: 366.462 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.465 Gates and stock guards. The Department of Transportation may erect and maintain gates and stock or cattle guards in state highways at such points where the highways are crossed by drift or stock fences, where such highways intersect state or government-owned highways or other public highways and at other places in the state highways as the department may deem for the best interests of the public. The department may issue permits for the erection and maintenance of the same. Any gates constructed under this section must be constructed and maintained upon the right of way and not upon the traveled portion of the highway. If gates or stock guards are constructed under this section pursuant to a permit issued by the department, then the permit may contain such conditions, obligations and requirements as the department may deem for the best interests of the general public.

�� 366.470 Agreements with railroad companies for snow removal. (1) The Department of Transportation may enter into agreements with a railroad company for the removal of snow from highway and railroad whenever a state highway is in close proximity to a railroad track and by reason thereof and in order to remove from the highway snow and ice which has blocked or threatens to block the highway to traffic it becomes necessary to cast such snow and ice upon the railroad tracks, thereby impairing or interfering with train movement and tending to block train operations. The agreement may be made during or in anticipation of any such contingency, shall be in writing and shall fix the terms and conditions under which and the extent to and manner in which the state may, in removing the snow and ice from the highway, cast it upon the railroad tracks.

�� (2) The department may procure or cause to be executed by a corporation authorized to do such business in the state, a liability policy of insurance, an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, or an undertaking running in favor of the state, the department, the railroad company and their officers and such employees of such parties as the contracting parties may designate.

�� (3) The insurance, letter of credit or undertaking:

�� (a) Shall be acceptable to the contracting parties.

�� (b) Shall in any event indemnify, protect and hold harmless the railroad company, its officers and employees designated, the state, the department, its officers and employees designated, from all claims for damage occasioned by or in connection with the removal of snow from the highway and the casting of the snow upon the railroad tracks.

�� (c) May, if so provided, reimburse either or both of the contracting parties for loss, cost and expense incurred in connection with or resulting from such work.

�� (4) The department may pay out of the highway fund the premium for the insurance or for the fee for the letter of credit and the cost and expense incurred or sustained by the railroad company and the state incident to the snow removal. [Amended by 1953 c.252 �2; 1991 c.331 �58; 1997 c.631 �466]

�� 366.475 [Amended by 1979 c.104 �1; repealed by 1983 c.324 �59]

�� 366.480 Destruction of vouchers. The Department of Transportation may from time to time destroy copies of vouchers which have ceased to possess any record value or serve any purpose and which have been in the files and custody of the department for a period of at least 10 years.

�� 366.483 Transfer of jurisdiction of certain highways. (1) In accordance with ORS 374.329, the Department of Transportation shall transfer jurisdiction of the following state highways to the following cities:

�� (a) Pacific Highway West, State Highway 99, from the department to the City of Eugene. The department shall transfer the following two portions:

�� (A) The portion beginning where the highway intersects with the Beltline Highway and ending where the highway intersects with Washington Street, but excluding the bridge at milepost 121.42.

�� (B) The portion beginning where the highway intersects with Walnut Street and ending where the highway intersects with Interstate 5, but excluding the bridge at milepost 126.02.

�� (b) Springfield Highway, State Highway 228 to the City of Springfield.

�� (2) Notwithstanding section 71d (4), chapter 750, Oregon Laws 2017, the department shall use the funds described in section 71d, chapter 750, Oregon Laws 2017, for the transfer of Powell Boulevard to upgrade the portion of Southeast Powell Boulevard beginning where the highway intersects with Interstate 205 and ending where the highway intersects with the city limits. After the upgrades are completed, in accordance with ORS 374.329, the department shall transfer jurisdiction of the upgraded portion to the City of Portland. The department may upgrade and transfer portions of the highway in phases.

�� (3) In accordance with ORS 366.290:

�� (a) The department shall transfer jurisdiction of the portion of Territorial Highway, State Highway 200, that is located within Lane County from the department to the county. The department may transfer portions of the highway in phases. The department shall retain jurisdiction of bridges on Territorial Highway located at milepoints 4.59, 7.07, 17.92, 18.72, 18.98, 19.28 and 25.49. The department shall transfer the jurisdiction of the bridges after the bridges are replaced.

�� (b) The department shall transfer jurisdiction of the portion of the Springfield-Creswell Highway, State Highway 222, beginning where it intersects with Jasper-Lowell Road and ending where it intersects with Emerald Parkway to Lane County. The department shall retain jurisdiction of bridges on Springfield-Creswell Highway located at mileposts 5.20, 5.41, 5.64 and 13.36. The department shall transfer the jurisdiction of a bridge after the bridge is replaced.

�� (c) Lane County shall transfer jurisdiction of the portion of Delta Highway beginning where the highway intersects with Interstate 105 and ending where the highway intersects with the Randy Pape Beltline from the county to the department.

�� (d) Multnomah County and Washington County shall transfer jurisdiction of the portion of Cornelius Pass Road beginning where the highway intersects with U.S. Highway 30 and ending where the highway intersects with U.S. Highway 26 from the counties to the department. The counties may transfer portions of the highway in phases. [2017 c.750 �134; 2018 c.93 �35]

�� Note: 366.483 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.485 [Repealed by 1975 c.605 �33]

ROADSIDE REST AREAS

�� 366.486 Construction of roadside rest area facilities for persons with disabilities. When a new roadside rest area is established adjacent to or within the right of way of a state highway, or when rest room facilities are constructed in an existing roadside rest area adjacent to or within the right of way of a state highway, a separate rest room facility for persons with disabilities of both sexes shall be constructed. The facility shall meet all requirements of ORS 447.210 to 447.280. [1993 c.738 �1; 2007 c.70 �152]

�� Note: 366.486, 366.487 and 366.490 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.487 Use of roadside rest area rest rooms by persons with disabilities. (1) If a roadside rest area adjacent to or within the right of way of a state highway does not have a separate rest room facility for persons with disabilities of both sexes, a person with a disability and a person of the opposite sex who is accompanying a person with a disability for the purpose of assisting the person with a disability in using the rest room may enter any existing rest room. Prior to entering the rest room, the assisting person shall receive permission from anyone who is in the rest room.

�� (2) A sign shall be posted outside all rest room facilities subject to the provisions of subsection (1) of this section stating that attendants of the opposite sex may accompany or be accompanied by persons with disabilities into any rest room. The sign shall include appropriate graphics. [1993 c.738 �2; 2007 c.70 �153]

�� Note: See note under 366.486.

�� 366.490 Coffee and cookies at roadside rest areas; rules. (1) The Department of Transportation shall establish by rule a permit program allowing nonprofit organizations to provide free coffee or other nonalcoholic beverages and cookies at roadside rest areas managed by the department. Cookies offered under the program must come from a licensed facility. Rules adopted under this section may not restrict the program to any particular days of the year.

�� (2) An organization may apply for a permit to provide coffee, other beverages and cookies at a rest area managed by the department by submitting a written request to an employee of the department designated by the department. The request shall specify the day on which the organization wishes to offer the beverages and cookies and the specific rest area where they will be offered. The request shall be submitted not more than 60 days prior to the date requested.

�� (3) The department shall issue a permit to the selected organization not less than 30 days in advance of the date for which the permit is issued. If there is more than one request for the same date and the same place, the department shall select one organization by random drawing and shall issue the permit to that organization.

�� (4) The department may not issue more than one permit for the same time and place.

�� (5) An organization that receives a permit shall confine distribution of coffee, other beverages or cookies to an area of the rest area designated in the permit or by the rest area attendant. The organization may not obstruct access to any building or other structure in the rest area.

�� (6) An organization providing coffee, other beverages or cookies may receive donations.

�� (7) An organization may post signs identifying the organization and the activity, provided that each sign is not more than 10 square feet in area and there are not more than two signs. The signs may be placed only on vehicles used in connection with the provision of beverages and cookies or located in the area designated for the activity.

�� (8) The department may revoke the permit of any organization that fails to comply with the provisions of this section or with rules adopted by the department to implement the provisions.

�� (9) Rules adopted by the department under this section do not apply to roadside rest areas managed by the Travel Information Council pursuant to ORS 377.841. [1993 c.738 �3; 2005 c.256 �1; 2012 c.63 �9]

�� Note: See note under 366.486.

�� 366.493 Rules regarding health and safety. The Oregon Transportation Commission may adopt rules governing health and safety in roadside rest areas and scenic overlooks under the jurisdiction of the Department of Transportation. [2009 c.99 �2]

STATE HIGHWAY FUND

�� 366.505 Composition and use of highway fund. (1) The State Highway Fund shall consist of:

�� (a) All moneys and revenues derived under and by virtue of the sale of bonds, the sale of which is authorized by law and the proceeds thereof to be dedicated to highway purposes.

�� (b) All moneys and revenues accruing from the licensing of motor vehicles, operators and chauffeurs.

�� (c) Moneys and revenues derived from any tax levied upon gasoline, distillate, liberty fuel or other volatile and inflammable liquid fuels, except moneys and revenues described in ORS 184.642 (2)(a) that become part of the Department of Transportation Operating Fund.

�� (d) Moneys and revenues derived from the road usage charges imposed under ORS 319.885.

�� (e) Moneys and revenues derived from the use tax imposed under ORS 320.410.

�� (f) Moneys and revenues derived from or made available by the federal government for road construction, maintenance or betterment purposes.

�� (g) All moneys and revenues received from all other sources which by law are allocated or dedicated for highway purposes.

�� (2) The State Highway Fund shall be deemed and held as a trust fund, separate and distinct from the General Fund, and may be used only for the purposes authorized by law and is continually appropriated for such purposes.

�� (3) Moneys in the State Highway Fund may be invested as provided in ORS 293.701 to 293.857. All interest earnings on any of the funds designated in subsection (1) of this section shall be placed to the credit of the highway fund. [Amended by 1953 c.125 �5; 1989 c.966 �43; 2001 c.820 �5; 2009 c.821 �30a; 2013 c.781 �22; 2017 c.750 �116]

�� 366.506 Highway cost allocation study; purposes; design; report; use of report by Legislative Assembly. (1) Once every two years, the Oregon Department of Administrative Services shall conduct a highway cost allocation study. The purpose of the study is to determine:

�� (a) The proportionate share that the users of each class of vehicle should pay for the costs of maintenance, operation and improvement of the highways, roads and streets in the state; and

�� (b) Whether the users of each class are paying that share.

�� (2) Each study must include:

�� (a) An examination of the most recent study period for which actual data are available for the purpose of determining the accuracy of the most recently published study results; and

�� (b) An examination of the prospective study period based on projected data for the purpose described in subsection (1) of this section.

�� (3) The department may use any study design the department determines will best accomplish the purposes stated in subsection (1) of this section. In designing the study, the department may make decisions that include, but are not limited to, the methodology to be used for the study, what constitutes a class of vehicle for purposes of collection of data under subsections (1) to (5) of this section and the nature and scope of costs that will be included in the study.

�� (4) The department may appoint a study review team to participate in the study required by subsection (1) of this section. The team may perform any functions assigned by the department, including, but not limited to, consulting on the design of the study.

�� (5) A report on the results of the study shall be submitted to the legislative revenue committees and the Joint Committee on Transportation by January 31 of each odd-numbered year.

�� (6) The Legislative Assembly shall use the report described in subsection (5) of this section to determine whether adjustments to revenue sources described in Article IX, section 3a (3), of the Oregon Constitution, are needed in order to carry out the purposes of Article IX, section 3a (3), of the Oregon Constitution. If such adjustments are needed, the Legislative Assembly shall enact whatever measures are necessary to make the adjustments. [2003 c.755 ��1,2; 2023 c.545 �7]

�� Note: 366.506 is amended by Enrolled House Bill 3991 (2025 special session). As of the date of publication of the 2025 Edition of the Oregon Revised Statutes, Enrolled House Bill 3991 (2025 special session) is subject to potential referendum petitions that may be filed with the Secretary of State as provided in Article IV, section 1, of the Oregon Constitution. The full text of Enrolled House Bill 3991 (2025 special session) is set forth following 801.610.

�� Note: 366.506 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.507 Modernization program; funding; conditions and criteria. The Department of Transportation shall use an amount equal to the amount of moneys in the State Highway Fund that becomes available for its use from the increase in tax rates created by the amendments to ORS 319.020, 319.530, 825.476 and 825.480 by sections 1, 2 and 10 to 15, chapter 209, Oregon Laws 1985, and an amount equal to one-third of the amount of moneys in the State Highway Fund that becomes available for its use from any increase in tax rates created by the amendments to ORS

ORS 368.915

368.915 and interest are a lien upon the abutting property from the date of the filing with the county clerk of the order of the county governing body for the repairs under ORS 368.910. No transfer, sale or division of the abutting land, or change in its legal description, divests the lien from the whole of the original abutting land. Failure to enter the name of the owner or mistake in the name of the owner in the order for repairs in no way renders void any assessment and in no way affects the lien on the property described. The lien has priority over all other liens and encumbrances, except tax liens. Upon payment in full of the assessment and interest, the county sheriff shall enter satisfaction by a notation in the record kept by the county clerk, and the property is thereby discharged from the lien.

�� 368.925 Delinquency in paying assessment for repairs; execution sale. (1) Thirty days after the notice of the determination of the assessment mentioned in ORS 368.915 is mailed to the owner, the entire amount is due and payable at the office of the county sheriff, and if not so paid shall be delinquent from that date and shall bear interest at the rate of eight percent per year until paid.

�� (2) One year from the date an assessment is delinquent, the county sheriff shall transmit to the county clerk a written description of the property, the name of the person to whom assessed, the amount of the assessment and the interest due. The county clerk shall issue a writ of execution thereon, directed to the sheriff of the county. The sheriff shall proceed to collect the unpaid assessment by advertising and selling the property in the manner provided by law for the sale of real property on execution, but no property shall be sold for a sum less than the amount of the unpaid assessment plus interest and the cost of advertising and sale.

�� 368.930 [Amended by 1973 c.518 �4; repealed by 1981 c.153 �79]

�� 368.935 [Repealed by 1965 c.500 �2]

�� 368.940 [1965 c.500 �1; repealed by 1969 c.429 �6]

�� 368.942 Posting notices, signs or pictures on structures within county road right of way prohibited. Except as provided in ORS 368.950, no person may paste, paint, brand or in any manner whatever place or attach to any building, fence, gate, bridge, tree, rock, board, structure or anything whatever within the limits of the right of way of any county road any written, printed or painted advertisement, bill, notice, sign, picture, card or poster, except within the limits of any incorporated city through which the county road runs. [1973 c.462 �2]

�� 368.945 Authority of county road official to remove unlawfully posted matter. A county road official may lawfully remove or destroy, without resort to legal proceedings, any advertisement, bill, notice, sign, picture, card or poster placed in violation of ORS 368.942. [1973 c.462 �3]

�� 368.950 Applicability of ORS 368.942 and 368.945. ORS 368.942 and 368.945 do not apply to:

�� (1) The posting or maintaining of any notice required by law to be posted or maintained; or

�� (2) The placing and maintaining, within the limits of the right of way of any county road, of:

�� (a) Signs approved by the county governing body and giving information about scenic, historical, resort or recreational areas;

�� (b) Signs approved by the county governing body and giving information about community or civic enterprises of a noncommercial nature, or the proximity of tourist facilities, directions or distances for the information of the traveling public;

�� (c) Facility location signs of a public utility or telecommunications utility, when such signs are approved by the county governing body;

�� (d) Benches utilized as outdoor advertising signs, if approved by the county governing body; or

�� (e) Outdoor advertising signs on bus shelters erected or maintained for use by and convenience of customers of a mass transit district, a transportation district or any other public transportation agency, when such signs are approved by the county governing body. [1973 c.462 �4; 1987 c.403 �1; 1987 c.447 �143]

�� 368.955 Posting notices, signs or pictures within view of county road on property of another without consent prohibited. No person may paste, paint, brand or in any manner whatever place or attach to any building, fence, gate, bridge, tree, rock, board, structure or anything whatever on the property of another within view of a county road, without the written consent of the owner or person entitled to possession of such property, any written, printed or painted advertisement, bill, notice, sign, picture, card or poster. [1973 c.462 �5]

�� 368.960 Authority of property owner to remove unlawfully posted matter. The owner or person entitled to possession of any property described in ORS 368.955 may lawfully remove or destroy, without resort to legal proceedings, any advertisement, bill, notice, sign, picture, card or poster placed upon such property in violation of ORS

ORS 376.155

376.155, every petitioner granted use of the way of necessity shall be jointly and severally liable for any costs ordered to be paid.

�� (5) Any party to the action for a way of necessity may contest any part of the order of the county governing body in an appeal filed with the circuit court within 30 days after entry of the order of the county governing body. [1979 c.862 �5; 1989 c.674 �2; 1991 c.936 �3]

�� 376.180 Conditions for way of necessity. A way of necessity established under ORS 376.150 to 376.200 shall:

�� (1) Be located to cause the least possible damage to land across which it is located;

�� (2) Be fenced or gated if required by the county governing body;

�� (3) Not be connected to a public road in a location or manner that creates a traffic hazard or decreases the safety on the public road;

�� (4) Be established only for uses in connection with the property for which the way of necessity is sought;

�� (5) Not be subject to any use that is not described in the order establishing the way of necessity;

�� (6) Not exceed 30 feet in width unless authorized by the county governing body for engineering purposes;

�� (7) Not be connected to a public road where the rights of access to the road have been acquired by the state or a county unless the state or governing body of the county grants permission for the connection;

�� (8) Not be established if the property for which the way of necessity is sought has an existing enforceable access to a public road;

�� (9) Not be established if the petitioner for the way of necessity could acquire an easement for access to a public road through other legal action;

�� (10) Not be established for land that has been subdivided or partitioned in violation of ORS chapter 92;

�� (11) Not be established over land owned by the state or a political subdivision of the state unless permission is granted for the way of necessity under ORS 376.185; and

�� (12) Not be established for any land if the owner of the land had knowingly eliminated access to all public roads from the land by the sale of other land owned by the landowner. [1979 c.862 �6; 1991 c.936 �5; 1993 c.18 �91]

�� 376.185 Way of necessity over public land. (1) A way of necessity may not be established under ORS 376.150 to 376.200 across land owned by the state or a political subdivision of the state without the consent of the governing body of the political subdivision or of the appropriate agency of the state. The governing body of a political subdivision of this state and any agency of the state shall not unreasonably withhold consent required under this subsection.

�� (2) Whenever a way of necessity is sought over land owned by the state or a political subdivision of the state, a copy of the petition for the way of necessity, of the county report and of the notice of hearing shall be forwarded by certified mail to:

�� (a) If the political subdivision owns the land, the governing body of the political subdivision.

�� (b) If the state owns the land, to the Department of State Lands and to each agency of the state that has use or control of the land. [1979 c.862 �7; 1993 c.98 �17]

�� 376.190 Responsibility for maintenance of way of necessity; alteration limited. (1) A way of necessity that is established under ORS 376.150 to 376.200 shall be maintained and kept passable by the person owning the land for which the way of necessity is established. This subsection does not require the person to provide for maintenance of the way of necessity for uses or persons not specifically provided in the order establishing the way of necessity.

�� (2) A way of necessity established under ORS 376.150 to 376.200 shall not be altered or vacated except by the governing body of the county in which it is located and in a manner provided by law for the alteration or vacation of a public road.

�� (3) No county shall be required to work, improve, maintain or repair a way of necessity. [1979 c.862 �8; 1991 c.936 �5]

�� 376.195 Subsequent partition of land receiving way of necessity requires government approval. Land for which a way of necessity is established under ORS 376.150 to 376.200 shall not be subsequently partitioned without the approval of the city or county governing body which has partitioning authority. [1979 c.862 �9]

�� 376.197 Way of necessity to historic cemeteries. (1) Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity for nonmotorized conveyance is established to any parcel that meets the criteria described in ORS 308A.125.

�� (2)(a) Notwithstanding any other provision of ORS 376.150 to 376.200, a way of necessity is established to a historic cemetery listed in accordance with the provisions of ORS 97.782.

�� (b) The way of necessity established under paragraph (a) of this subsection shall:

�� (A) Be designated by the owner of the land over which the way of necessity passes; and

�� (B) Be accessible, at reasonable times to be designated by the property owner for visitation, maintenance or research purposes, to the owner of the historic cemetery, to descendants of those persons buried in the historic cemetery and to persons interested in historical research. The reasonableness of the times designated by the property owner shall be based on the need of the property owner to make use of the property and the need of the historic cemetery visitors for family visitation, maintenance or research access to the historic cemetery. [1999 c.314 �46; 2001 c.364 �1; 2003 c.173 �9]

�� 376.200 Transfer of jurisdiction over establishment of ways of necessity to circuit court; local court rules; procedure after transfer. (1) Notwithstanding any provision of ORS 376.150 to 376.200, a county governing body may adopt an ordinance removing the county governing body from jurisdiction over the establishment of ways of necessity under ORS 376.150 to 376.200.

�� (2) If the county governing body adopts an ordinance described in subsection (1) of this section, the circuit court of that county shall have jurisdiction of the establishment of ways of necessity for that county. Except as otherwise provided in this section, a court with jurisdiction of the establishment of ways of necessity under this section shall follow the procedures for establishment of a way of necessity provided under ORS 376.150 to 376.200. The court may adopt local court rules to supplement the procedures provided under ORS 376.150 to 376.200.

�� (3) Notwithstanding ORS 376.175, if jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, an appeal from the decision of the court shall be to the Court of Appeals.

�� (4) Notwithstanding ORS 376.160 (1), if jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, upon filing a petition the petitioner shall:

�� (a) Provide for service of the petition on all persons owning land across which the way of necessity could be located; and

�� (b) Post a bond or security deposit with the court clerk in an amount required by the court to pay for the cost of the investigation and report under subsection (5) of this section.

�� (5) If jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, upon receipt of a petition the court shall appoint a person to investigate the proposed way of necessity and submit a written report to the court and the petitioner. The cost of the investigation and report shall be charged against the bond or security deposit posted under subsection (4) of this section. If the bond or security deposit is more than the actual cost of the investigation and report, the difference shall be refunded to the petitioner. If the bond or security deposit is less than the actual cost of the investigation and report, the petitioner shall pay to the county governing body the amount of the deficiency. A judgment of the court shall not become final until the full cost of the investigation and report has been paid.

�� (6) Notwithstanding ORS 376.160 (3), if jurisdiction for establishment of ways of necessity is in the circuit court as provided under this section, upon receipt of the report under subsection (5) of this section, the petitioner shall serve a copy of the petition and report on all persons owning land across which the way of necessity is proposed to be located under the petition or report. [1979 c.862 �10; 1995 c.265 �1]

�� 376.205 [Repealed by 1981 c.153 �79]

�� 376.210 [Repealed by 1981 c.153 �79]

�� 376.215 [Repealed by 1981 c.153 �79]

�� 376.220 [Repealed by 1981 c.153 �79]

FOREST ROADS

�� 376.305 Policy and purpose of Act. (1) It is declared that a substantial part of the forest resources of this state are now left unharvested and are lost by reason of the excessive cost of transportation thereof to market; that substantial forest areas can be economically managed, harvested and the products thereof transported to market only by use of certain county and public roads which the counties of this state are unable to construct, improve and maintain so as to enable their safe and economical use for such purposes.

�� (2) It is declared to be the public policy of this state to conserve and develop its natural resources, to encourage and facilitate the transportation of products of the forest and the salvage and utilization of such products now being wasted, and to develop and improve certain county and other public roads for such purposes.

�� 376.310 Definitions for ORS 376.305 to 376.390. As used in ORS 376.305 to 376.390:

�� (1) �Forest road� means any county or public road, or part thereof, outside the corporate limits of a city, which is within or extends into or toward a mountainous or timbered area, and which is under the control and supervision of a county court of this state.

�� (2) �Contract forest road� means a forest road improved or maintained pursuant to a contract made under ORS 376.305 to 376.390.

�� (3) �Logging operator� means any person having the right to cut and remove timber or forest products in this state, or who is engaged or desirous of engaging in this state in the transportation of forest products, by motor vehicle, to market or processing plant.

�� (4) �Forest road contractor� means a logging operator who has entered into a contract under ORS

ORS 377.992

377.992�� Penalties; rules

�� 377.010 [Amended by 1959 c.382 �1; repealed by 1981 c.153 �79]

�� 377.020 [Repealed by 1981 c.153 �79]

TREES

�� 377.030 Destruction or removal of trees on state highways without permission prohibited. No person shall dig up, cut down, injure, destroy or in any manner remove any trees growing upon the right of way of any state highway without first procuring the written consent of the Department of Transportation.

�� 377.040 Application to department to remove trees along state highways. Whenever any person, firm or corporation, including any public, municipal or private corporation and any privately or publicly owned utility or cooperative association, desires to dig up, cut down, injure, destroy or in any manner remove any trees growing upon the right of way of any state highway, such person shall file with the Department of Transportation an application in writing, setting forth the reasons and purpose for the removal or destruction of the trees.

�� 377.050 Consent of department for removal of trees along state highways. (1) Upon the filing of the application mentioned in ORS 377.040 the Department of Transportation may, if in its judgment and discretion the destruction or removal of the trees will not mar or in any way affect the scenic beauty of or otherwise harm, injure or affect the highway, issue a permit authorizing the cutting down, digging up, removal or destruction of the trees under such conditions and in such manner as the department may in such permit designate.

�� (2) Such permits may be granted when it becomes necessary to cut or remove brush and tree growth which otherwise would be hazardous to the operation or maintenance of lines for the transmission of electric energy or communication, or which would impair the efficiency of the service of such lines to the public, but such cutting or removal shall be done in such manner as not substantially to impair the scenic beauty of the highway.

HISTORIC AND SCENIC HIGHWAYS

�� 377.100 Study of highway system; designation of historic and scenic highways. The Oregon Transportation Commission shall conduct a study of the historic, scenic and cultural values of the state highway system. The study required by this subsection is subject to the following:

�� (1) In developing the study the commission shall appoint a volunteer citizen advisory committee to advise the commission on the study.

�� (2) The study shall identify and evaluate areas of the state highway system for their historic, recreational or scenic significance.

�� (3) The study shall designate highways, portions of highways or highway related structures as historic and scenic highways. [1983 c.552 �1; 1985 c.260 �1]

�� 377.105 Effect of designation as historic and scenic highway. When a highway, portion of a highway or highway related structure is designated as an historic and scenic highway under ORS 377.100, the Oregon Transportation Commission and the Department of Transportation:

�� (1) Shall provide for the rehabilitation, restoration, maintenance and preservation of those features of the highway or structure that have historical, engineering, recreational, scenic or tourist related significance, whenever prudent and feasible.

�� (2) May consult with the State Historic Preservation Officer, state historic organizations and other appropriate groups or organizations to determine how to best rehabilitate, restore, maintain and preserve the significant features of the highway or structure.

�� (3) In all highway planning and funding considerations, shall provide for the continuance of the significant features of the highway or structure, whenever prudent and feasible.

�� (4) As the commission determines appropriate, may arrange for and provide for posting of signs, consistent with ORS 377.700 to 377.844, 810.200 and 810.210, to inform the traveling public of the location and significant features of the highway or structure.

�� (5) Shall not dismantle, destroy, abandon, significantly transform or sell the highway or structure or any portion thereof or take any other action that will adversely affect the preservation of the highway or structure as an historic and scenic highway when it is prudent or feasible not to take such action.

�� (6) May provide for bypass highways to divert damaging traffic from use of the highway or structure or provide other means of limiting or diverting use of the highway or structure by damaging traffic.

�� (7) Are directed to seek and may accept and use for the purposes of this section and ORS 377.100 contributions, gifts, grants and moneys from any source, public or private.

�� (8) May hold hearings that have been given appropriate public notification before any significant action is taken relating to a highway, portion of a highway or highway related structure that is so designated.

�� (9) Shall consider aesthetics and environmental effects when the only alternative to rehabilitation or restoration is to replace a portion of a highway or highway related structure so designated. [1983 c.552 �2; 1985 c.16 �461; 1985 c.260 �2]

�� 377.110 [1955 c.541 �1; repealed by 1959 c.309 �22]

�� 377.115 [1959 c.309 �1; 1965 c.219 �1; repealed by 1971 c.770 �31]

�� 377.120 [1955 c.541 �2; repealed by 1959 c.309 �22]

�� 377.125 [1959 c.309 �2; 1963 c.400 �1; 1965 c.219 �2; repealed by 1971 c.770 �31]

�� 377.130 [1955 c.541 �3; repealed by 1959 c.309 �22]

�� 377.135 [1959 c.309 �3; 1965 c.219 �3; repealed by 1971 c.770 �31]

�� 377.140 [1955 c.377 �14; 1959 c.94 �1; repealed by 1959 c.309 �22]

�� 377.145 [1959 c.309 �4; 1965 c.219 �4; repealed by 1971 c.770 �31]

�� 377.150 [1955 c.541 �4; repealed by 1959 c.309 �22]

�� 377.155 [1959 c.309 �5; 1965 c.219 �5; repealed by 1971 c.770 �31]

�� 377.160 [1955 c.541 �5; repealed by 1959 c.309 �22]

�� 377.165 [1959 c.309 �6; repealed by 1971 c.770 �31]

�� 377.170 [1955 c.541 �15; repealed by 1959 c.309 �22]

�� 377.175 [1959 c.309 �7; 1965 c.219 �6; repealed by 1971 c.770 �31]

�� 377.178 [1965 c.219 �13; repealed by 1971 c.770 �31]

�� 377.180 [1955 c.541 �6; repealed by 1959 c.309 �22]

�� 377.181 [1961 c.615 �13; 1965 c.219 �7; repealed by 1971 c.770 �31]

�� 377.185 [1959 c.309 �8; 1961 c.615 �9; 1965 c.219 �8; repealed by 1971 c.770 �31]

�� 377.190 [1955 c.541 �7; repealed by 1959 c.309 �22]

�� 377.195 [1959 c.309 �9; 1961 c.615 �10; 1965 c.219 �9; repealed by 1971 c.770 �31]

�� 377.200 [1955 c.541 �8; repealed by 1959 c.309 �22]

�� 377.205 [1959 c.309 �10; 1961 c.615 �11; repealed by 1965 c.219 �10 (377.206 enacted in lieu of 377.205)]

�� 377.206 [1965 c.219 �11 (enacted in lieu of 377.205); repealed by 1971 c.770 �31]

�� 377.210 [1955 c.541 �9; repealed by 1959 c.309 �22]

�� 377.215 [1959 c.309 �11; 1963 c.400 �2; 1965 c.219 �14; repealed by 1971 c.770 �31]

�� 377.220 [1955 c.541 �10; repealed by 1959 c.309 �22]

�� 377.225 [1959 c.309 �12; 1963 c.400 �3; 1965 c.219 �15; repealed by 1971 c.770 �31]

�� 377.230 [1955 c.541 �11; repealed by 1959 c.309 �22]

�� 377.235 [1959 c.309 �13; 1963 c.400 �4; 1965 c.219 �16; repealed by 1971 c.770 �31]

�� 377.240 [1955 c.541 �12; repealed by 1959 c.309 �22]

�� 377.245 [1959 c.309 �14; 1963 c.400 �5; 1965 c.219 �17; repealed by 1971 c.770 �31]

�� 377.250 [1955 c.541 �16; repealed by 1959 c.309 �22]

�� 377.255 [1959 c.309 �15; 1961 c.615 �14; 1963 c.400 �6; 1965 c.219 �18; repealed by 1971 c.770 �31]

�� 377.260 [1955 c.541 �18; repealed by 1959 c.309 �22]

�� 377.265 [1959 c.309 �16; 1963 c.400 �7; 1965 c.219 �19; repealed by 1971 c.770 �31]

�� 377.270 [1955 c.541 �17; repealed by 1959 c.309 �22]

�� 377.275 [1959 c.309 �17; 1963 c.400 �8; 1965 c.219 �20; repealed by 1971 c.770 �31]

�� 377.280 [1955 c.541 �13; 1957 c.465 �2; repealed by 1959 c.309 �22]

�� 377.285 [1959 c.309 �18; 1961 c.615 �15; 1963 c.400 �9; 1965 c.219 �21; repealed by 1971 c.770 �31]

�� 377.295 [1959 c.309 �19; 1963 c.400 �10; 1965 c.219 �22; repealed by 1971 c.770 �31]

�� 377.305 [1959 c.309 �20; 1963 c.400 �11; repealed by 1971 c.770 �31]

�� 377.310 [Repealed by 1953 c.335 �1]

�� 377.320 [Repealed by 1953 c.335 �1]

�� 377.330 [Repealed by 1953 c.335 �1]

�� 377.340 [Repealed by 1971 c.770 �31]

�� 377.350 [Repealed by 1971 c.770 �31]

�� 377.360 [Amended by 1957 c.663 �3; repealed by 1971 c.770 �31]

�� 377.405 [1961 c.615 �1; 1963 c.400 �12; repealed by 1971 c.770 �31]

�� 377.410 [1961 c.615 �5; 1963 c.400 �13; repealed by 1971 c.770 �31]

�� 377.415 [1961 c.615 ��7,16; repealed by 1971 c.770 �31]

�� 377.420 [1961 c.615 ��2,4; repealed by 1971 c.770 �31]

�� 377.425 [1961 c.615 �8; 1963 c.400 �14; repealed by 1971 c.770 �31]

�� 377.430 [1961 c.615 �6; repealed by 1971 c.770 �31]

SCENIC AREAS

�� 377.505 Definitions for ORS 377.505 to 377.540. As used in ORS 377.505 to 377.540:

�� (1) �State highway� has the meaning given that term in ORS 377.710.

�� (2) �Scenic area� means an area adjacent to or along a segment of a state highway that is within a federal or state park, is a site of historical significance or affords a view of unusual natural beauty, and has been established as a scenic area under the provisions of ORS 377.505 to 377.545 (1975 Replacement Part). [1961 c.614 �1; 1963 c.400 �15; 1965 c.219 �23; 1967 c.590 �13; 1977 c.578 �3; 1979 c.186 �15; 2007 c.199 �21]

�� 377.510 Signs visible from state highways regulated; junkyards prohibited; exceptions. (1) A sign that is visible from a state highway may not be erected or maintained in an area that has been established by final order as a scenic area except:

�� (a) Traffic control signs or devices.

�� (b) Signs other than outdoor advertising signs, as defined in ORS 377.710.

�� (c) Signs approved by the Director of Transportation, or the authorized representative of the director, erected and maintained by a public utility or telecommunications utility for the purpose of giving warning of the location of an underground cable or other installations.

�� (d) Signs identifying incorporated or unincorporated communities, erected in compliance with ORS 377.715 and 377.756 to 377.758, that are designed to complement the scenic quality of the area in which the signs are erected. Signs located in snow zones may be more than eight feet in height to compensate for snow if approved by the director.

�� (2) Unless adequately screened as provided in ORS 377.620 (3)(a) or unless located within a zoned industrial area, no junkyard shall be established which is visible from a state highway where the area immediately adjacent to the state highway has been established by final order as a scenic area. [1961 c.614 �7; 1965 c.219 �24; 1967 c.590 �14; 1987 c.447 �122; 1991 c.287 �1; 1993 c.741 �45; 2007 c.199 �22]

�� 377.515 Removal of nonconforming signs deferred. Any sign lawfully maintained in a scenic area prior to the establishment of the area as a scenic area and not included within the exceptions of ORS 377.510, shall be removed by the owner thereof prior to seven years following the establishment of the area as a scenic area, unless the sign is required to be removed at an earlier date, pursuant to other state laws. [1961 c.614 �8; 1965 c.219 �25; 1967 c.590 �15]

�� 377.520 [1961 c.614 �2; 1963 c.400 �16; 1965 c.219 �26; repealed by 1977 c.578 �5]

�� 377.521 Status of previously designated scenic areas. All scenic areas designated prior to October 4, 1977, shall continue to retain their designation as scenic areas. [1977 c.578 �2]

�� Note: 377.521 was enacted into law by the Legislative Assembly but was not added to ORS 377.505 to 377.540 by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 377.525 [1961 c.614 �4; 1963 c.400 �17; 1969 c.314 �30; repealed by 1977 c.578 �5]

�� 377.530 [1961 c.614 �5; 1963 c.400 �18; repealed by 1977 c.578 �5]

�� 377.535 [1961 c.614 �6; 1963 c.400 �19; repealed by 1977 c.578 �5]

�� 377.540 Director of Transportation to enforce orders and render administrative assistance. The Director of Transportation shall take appropriate action for the administration and enforcement of orders issued under the provisions of ORS 377.505 to 377.545 (1975 Replacement Part). [1961 c.614 �10; 1963 c.400 �20; 1977 c.578 �4; 1993 c.741 �46]

�� 377.545 [1961 c.614 �9; repealed by 2001 c.750 �7]

JUNKYARDS

�� 377.605 Definitions for ORS 377.605 to 377.655. As used in ORS 377.605 to 377.655, unless the context requires otherwise:

�� (1) �Department� means the Department of Transportation.

�� (2) �Director� means the Director of Transportation.

�� (3) �Federal-aid primary system� means the federal-aid primary system in existence on June 1, 1991, and any highway that is not on such system but that is on the National Highway System.

�� (4) �Interstate System� means every state highway that is part of the National System of Interstate and Defense Highways established by the department in compliance with section 103(e) of title 23, United States Code.

�� (5) �Junk� means old or scrap copper, brass, rope, rags, batteries, paper, trash, rubber, debris, waste, or junked, dismantled, wrecked, scrapped or ruined motor vehicles, or motor vehicle parts, iron, steel or other old or scrap ferrous, or nonferrous material, metal or nonmetal materials.

�� (6) �Junkyard� means any establishment or place of business where there is accumulated on the premises eight or more motor vehicles or an equivalent volume of junk that is maintained, operated or used for storing, keeping, buying or selling of junk and the term includes automobile graveyards, garbage dumps and scrap metal processing facilities.

�� (7) �Maintain� means to allow to exist.

�� (8) �Main traveled way� means the through traffic lanes, exclusive of frontage roads, auxiliary lanes and ramps.

�� (9) �State highway� or �state highway system� means the entire width between the boundary lines of every state highway as defined in ORS 366.005, including but not limited to the Interstate System and the federal-aid primary system.

�� (10) �Visible� means capable of being seen without visual aid by a person of normal visual acuity.

�� (11) �Zoned industrial area� is an area adjacent to a state highway or public highway which is zoned for industrial use under authority of state law. [1967 c.590 �3; 1979 c.186 �16; 1979 c.210 �1; 1993 c.741 �47]

�� 377.610 Public policy on junkyards. The Legislative Assembly hereby finds and declares that establishment, maintenance and operation of junkyards along public highways should be controlled in accordance with the provisions of ORS 377.605 to 377.655 in order to protect the public investment in such highways, promote the safety and recreational value of public travel on such highways, preserve natural beauty and aesthetic features of such highways and adjacent areas, and maintain the qualifications of this state for its share of federal-aid highway funds payable under title 23, United States Code, and in furtherance of the purposes previously established under ORS 366.556 to 366.578. [1967 c.590 �2]

�� 377.615 Director�s authority to promulgate regulations, enter into agreements with federal government. (1) The Director of Transportation shall promulgate such regulations as are necessary to carry out the provisions of ORS 377.605 to 377.655. Except where federal law or rules and regulations require otherwise as a condition to receipt of federal granted funds, the rules shall be promulgated pursuant to ORS chapter 183.

�� (2) The director is authorized to enter into any necessary agreements with the United States Government or any officer or agency thereof authorized to make agreements pursuant to title 23, United States Code, relating to the control of junkyards in areas adjacent to the state highway system. [1967 c.590 �4; 1993 c.741 �48]

�� 377.620 Restrictions on maintaining or establishing junkyard along highway. (1) Except as provided in subsection (3) of this section, no junkyard in existence on June 30, 1967, may be maintained after June 30, 1967, within 1,000 feet of the nearest edge of the right of way of:

�� (a) The Interstate System.

�� (b) The federal-aid primary system.

�� (c) Other state highways, unless permitted by the Director of Transportation and subject to rules adopted by the director.

�� (2) Except as provided in subsection (3) of this section, no junkyard shall be established after June 30, 1967, within 1,000 feet of the nearest edge of the right of way of any state highway or which is visible from any state highway, as defined by ORS 377.505, where the area immediately adjacent to the state highway retains designation as a scenic area pursuant to ORS 377.521.

�� (3) Except as provided in ORS 377.510 relating to location of junkyards within or adjacent to designated scenic areas, this section does not prohibit the establishment or maintenance along state highways of the following junkyards:

�� (a) Junkyards that are hidden or adequately screened by the terrain or other natural objects, or by plantings, fences, or other appropriate means so as not to be visible from the main traveled way of the state highway, in accordance with regulations promulgated by the director.

�� (b) Junkyards located in zoned industrial areas.

�� (4) No owner or operator of a junkyard shall place any junk on a state highway right of way. [1967 c.590 �5; 1975 c.262 �1; 1983 c.740 �122; 1993 c.741 �49; 2007 c.199 �24]

�� 377.625 Screening junkyard located in restricted area. (1) Any junkyard which is in existence on June 30, 1967, less than 1,000 feet from the nearest edge of the right-of-way line and visible from the main traveled way of the Interstate System or the federal-aid primary system and is not in a zoned industrial area, may be screened by the Director of Transportation, if economically and otherwise feasible, at locations on the highway rights of way or in areas outside of the rights of way acquired for such purposes by the Department of Transportation.

�� (2) Any junkyard which is in existence on June 30, 1967, less than 1,000 feet from the nearest edge of the right-of-way line and which is visible from the main traveled way of any state highway other than the Interstate System or federal-aid primary system and is not in a zoned industrial area, may be screened by the director when it is financially, economically and otherwise feasible. The screening may be located on the highway rights of way or in areas outside the rights of way acquired for such purposes by the department. [1967 c.590 �6; 1979 c.210 �2; 1993 c.741 �50]

�� 377.630 Removing junkyard from restricted area. (1) Where a junkyard is in existence on June 30, 1967, less than 1,000 feet of the nearest edge of the right-of-way line of the Interstate System or federal-aid primary system, is not in a zoned industrial area, and cannot be effectively screened as provided in ORS 377.625 (1), then the Department of Transportation may secure such interests in land as may be necessary to relocate, remove or dispose of the junkyard and may pay for the cost of relocation, removal or disposal thereof, as set forth in ORS 377.640.

�� (2) Where a junkyard is in existence less than 1,000 feet of the nearest edge of the right-of-way line and visible from the main traveled way of any state highway which becomes a part of the Interstate System or federal-aid primary system and is not in a zoned industrial area, the junkyard may be screened as provided in subsection (1) of this section or may be relocated, removed or disposed of by the department after the portion of the state highway involved becomes a part of the Interstate System or the federal-aid primary system, as provided in subsection (1) of this section.

�� (3) Where a junkyard is in existence on June 30, 1967, less than 1,000 feet of the nearest edge of the right-of-way line of any state highway other than the Interstate System or federal-aid primary system, is not in a zoned industrial area, and cannot be effectively screened as provided in ORS 377.625 (2), then the department may, in its discretion, secure such interests in lands as may be necessary to relocate, remove or dispose of the junkyard. [1967 c.590 �7; 1979 c.210 �3]

�� 377.635 Junkyard in violation of restrictions declared a public nuisance; authority to abate; when junk placed on state highway right of way. (1) Any junkyard which comes into existence after June 30, 1967, and which is in violation of ORS 377.620, is hereby found and declared to be a public nuisance. The Director of Transportation, 30 days after written notice is mailed to the person owning or operating the junkyard, may institute, on behalf of the Department of Transportation any legal proceedings the director considers necessary to prevent the violation of ORS 377.620.

�� (2) Whenever the owner or operator of a junkyard places junk on state highway right of way adjacent to or in the immediate vicinity of the junkyard, the director, 10 days after written notice is mailed to the person owning or operating the junkyard, may remove and store the junk. Junk placed on a highway right of way adjacent to or in the vicinity of a junkyard is prima facie evidence that it has been placed there by the owner or the operator of the junkyard. After 30 days of storage, unless claimed sooner by the owner, the director may sell or otherwise dispose of the junk by sale or otherwise. When removal is performed by the director, the director shall not be liable for conversion of any personal property and the director may collect the director�s cost for removal, storage and sale or disposal from the person owning the junk. [1967 c.590 �8; 1975 c.262 �2; 1979 c.210 �4; 1993 c.741 �51]

�� 377.640 Acquisition of land necessary to screen or relocate junkyards. The Department of Transportation may acquire by purchase, agreement, donation, or the exercise of the power of eminent domain, such lands or interest in lands as may be necessary for the screening or the relocation, removal or disposal of junkyards. In exercising the power of eminent domain the department shall be governed by the provisions of ORS chapter 35. [1967 c.590 �9; 1971 c.741 �36]

�� 377.645 Expenditure of moneys to screen or relocate junkyards prior to availability of federal matching funds. (1) The Department of Transportation may expend moneys appropriated to the department for the purposes of the screening, relocating, removal or disposal of junkyards as provided in ORS 377.625 to 377.640, except that the department may not use moneys that are subject to the provisions of section 3a, Article IX of the Oregon Constitution. Moneys appropriated for the purposes specified in this subsection may be expended by the department unless and until federal-aid matching funds are appropriated and made available to the state for such similar purposes as provided in section 136, title 23, United States Code.

�� (2) All money received by the Director of Transportation under ORS 377.505, 377.510, 377.515 and 377.605 to 377.655 shall be credited to the State Highway Fund. [1967 c.590 ��10,11; 1983 c.338 �924; 1993 c.741 �52; 2001 c.750 �1]

DISPOSAL OF PROPERTY

�� 377.650 Personal property on state highway. Any personal property not coming within the definition of junk, except a vehicle as defined in ORS 801.590 or a manufactured structure as defined in ORS

ORS 390.150

390.150]

�� 366.185 [1957 c.635 �2; 1971 c.481 �11a; 1971 c.598 �7; 1973 c.249 �36; repealed by 1979 c.186 �30]

POWERS AND DUTIES OF OREGON TRANSPORTATION COMMISSION

�� 366.205 Power and authority of commission over highways; rules. (1) The Oregon Transportation Commission has general supervision and control over all matters pertaining to the selection, establishment, location, construction, improvement, maintenance, operation and administration of state highways, the letting of contracts therefor, the selection of materials to be used therein and all other matters and things considered necessary or proper by the commission for the accomplishment of the purposes of this Act.

�� (2) The commission has full power to carry out the provisions of and may make such rules as it considers necessary for the accomplishment of the purposes of this Act, as defined in ORS 366.005.

�� (3) The Director of Transportation, as authorized by the commission, shall appoint such officials and do any other act or thing necessary to fully meet the requirements of ORS 366.510. [Amended by 1963 c.601 �1; 1965 c.368 �6; 1973 c.249 �37; 1975 c.436 �8; 1985 c.565 �64; 1989 c.904 �35; 1993 c.741 �38]

�� 366.207 Statewide winter maintenance strategy and policy; rock salt. The Oregon Transportation Commission shall develop a statewide winter maintenance strategy and policy that includes the use of rock salt or similar solid salt products. In developing the strategy, the commission shall focus on highways under the Department of Transportation�s jurisdiction as the road authority pursuant to ORS 810.010 and take into consideration environmental best practices. [2017 c.750 �136]

�� 366.210 Limit on administration and engineering expenditure. The total cost in any one year for administration and engineering of highway construction shall not exceed 10 percent of the total funds available to the Department of Transportation during that year for its highway activities. [Amended by 1973 c.249 �38; 1993 c.741 �39]

FREIGHT ADVISORY COMMITTEE

�� 366.212 Freight Advisory Committee. (1) There is created the Freight Advisory Committee to be appointed by the Director of Transportation to advise the director and the Oregon Transportation Commission regarding issues, policies and programs that impact multimodal freight mobility in Oregon.

�� (2) The director shall have discretion to determine the number of committee members and the duration of membership. The committee membership shall include, but not be limited to, representatives from the shipping and carrier industries, the state, local governments and ports, including the Port of Portland.

�� (3) The committee shall:

�� (a) Elect a chairperson and a vice chairperson.

�� (b) Meet at least four times a year.

�� (c) Provide input on statewide and regional policies and actions that impact freight mobility.

�� (d) Provide input on the development of policy and planning documents that impact freight mobility.

�� (e) Advise the commission and regionally based advisory groups about the Statewide Transportation Improvement Program and the program�s consideration and inclusion of highest priority multimodal freight mobility projects in each Department of Transportation region.

�� (4) The committee may make recommendations for freight mobility projects to the commission. In making the recommendations, the committee shall give priority to multimodal projects.

�� (5) The Department of Transportation shall provide policy and support staff to the committee. The department shall also provide other personnel to assist the committee as requested by the chairperson and within the limits of available funds. [2001 c.240 �2; 2003 c.618 �46]

STATE HIGHWAYS

�� 366.215 Creation of state highways; reduction in vehicle-carrying capacity. (1) The Oregon Transportation Commission may select, establish, adopt, lay out, locate, alter, relocate, change and realign primary and secondary state highways.

�� (2) Except as provided in subsection (3) of this section, the commission may not permanently reduce the vehicle-carrying capacity of an identified freight route when altering, relocating, changing or realigning a state highway unless safety or access considerations require the reduction.

�� (3) A local government, as defined in ORS 174.116, may apply to the commission for an exemption from the prohibition in subsection (2) of this section. The commission shall grant the exemption if it finds that the exemption is in the best interest of the state and that freight movement is not unreasonably impeded by the exemption. [Amended by 1977 c.312 �2; 2003 c.618 �38]

�� 366.220 Creation of state highway system. (1) The Oregon Transportation Commission may select, establish, designate, construct, maintain, operate and improve or cause to be constructed, maintained, operated and improved a system of state highways within the state, which highways shall be designated by name and by the point of beginning and terminus thereof. The system of state highways shall include such other highways as may from time to time be selected and adopted by the commission pursuant to law and all highways adopted and classified as secondary state highways which are subject to and qualified for construction, improvement, betterment and maintenance as are other state highways.

�� (2) The commission may classify and reclassify the highways comprising the state highway system as primary and secondary highways. Secondary highways may consist of newly established highways, reclassified primary highways and county roads selected pursuant to ORS 366.290. [Amended by 1953 c.252 �2; 1977 c.312 �3]

�� 366.225 [Amended by 1953 c.252 �2; 1957 c.123 �1; repealed by 1977 c.312 �4]

�� 366.226 [Amended by 1953 c.252 �2; 1957 c.123 �2; repealed by 1977 c.312 �4]

�� 366.227 [Amended by 1953 c.252 �2; 1957 c.123 �3; repealed by 1977 c.312 �4]

�� 366.228 [Amended by 1957 c.123 �4; repealed by 1977 c.312 �4]

�� 366.229 [Repealed by 1977 c.312 �4]

�� 366.230 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.231 [Repealed by 1977 c.312 �4]

�� 366.232 [Amended by 1953 c.252 �2; 1957 c.123 �5; repealed by 1977 c.312 �4]

�� 366.233 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.234 [Repealed by 1977 c.312 �4]

�� 366.235 [Amended by 1957 c.123 �6; repealed by 1977 c.312 �4]

�� 366.236 [Repealed by 1977 c.312 �4]

�� 366.237 [Amended by 1955 c.6 �1; repealed by 1977 c.312 �4]

�� 366.238 [Amended by 1953 c.252 �2; 1957 c.123 �7; 1959 c.202 �1; repealed by 1977 c.312 �4]

�� 366.239 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.240 [Repealed by 1977 c.312 �4]

�� 366.241 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.242 [Amended by 1953 c.252 �2; 1957 c.123 �8; repealed by 1977 c.312 �4]

�� 366.243 [Repealed by 1977 c.312 �4]

�� 366.244 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.245 [Repealed by 1977 c.312 �4]

�� 366.246 [Repealed by 1977 c.312 �4]

�� 366.247 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.248 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.249 [Repealed by 1977 c.312 �4]

�� 366.250 [Repealed by 1977 c.312 �4]

�� 366.251 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.252 [Amended by 1957 c.123 �9; repealed by 1977 c.312 �4]

�� 366.253 [Repealed by 1977 c.312 �4]

�� 366.254 [Repealed by 1977 c.312 �4]

�� 366.255 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.256 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.257 [Amended by 1953 c.252 �2; 1957 c.123 �10; repealed by 1977 c.312 �4]

�� 366.258 [Repealed by 1977 c.312 �4]

�� 366.259 [Repealed by 1977 c.312 �4]

�� 366.260 [Amended by 1953 c.252 �2; 1957 c.123 �11; repealed by 1977 c.312 �4]

�� 366.261 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.262 [Repealed by 1977 c.312 �4]

�� 366.263 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.264 [Repealed by 1977 c.312 �4]

�� 366.265 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.266 [Repealed by 1977 c.312 �4]

�� 366.267 [Repealed by 1977 c.312 �4]

�� 366.268 [Repealed by 1977 c.312 �4]

�� 366.269 [Repealed by 1977 c.312 �4]

�� 366.270 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.271 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.272 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.273 [Amended by 1953 c.252 �2; 1957 c.123 �12; repealed by 1977 c.312 �4]

�� 366.274 [Repealed by 1977 c.312 �4]

�� 366.275 [Repealed by 1977 c.312 �4]

�� 366.276 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.277 [Amended by 1953 c.252 �2; 1957 c.123 �13; repealed by 1977 c.312 �4]

�� 366.278 [Amended by 1953 c.252 �2; repealed by 1977 c.312 �4]

�� 366.279 [1953 c.252 �3; repealed by 1977 c.312 �4]

�� 366.280 [1953 c.252 �4; repealed by 1977 c.312 �4]

�� 366.281 [1953 c.252 �5; repealed by 1957 c.123 �14]

�� 366.282 [1953 c.252 �6; repealed by 1957 c.123 �14]

�� 366.283 [1953 c.252 �7; repealed by 1957 c.123 �14]

�� 366.284 [1953 c.252 �8; repealed by 1977 c.312 �4]

�� 366.285 Location of highways when in doubt; procedure. (1) The Department of Transportation may locate, relocate, define, establish, reestablish and confirm the extension, location and establishment of primary and secondary state highways where:

�� (a) By reason of loss or destruction of field notes of the original surveys made by the county when such roads or highways were laid out and established by the county, defective or incomplete surveys or records, or destroyed monuments or marks, the exact original location and boundary cannot be found or ascertained.

�� (b) For any reason the exact location and right of way lines are in doubt or are challenged.

�� (2) In exercising the authority under subsection (1) of this section the procedure afforded the county with respect to public roads under ORS 368.201 to 368.221 may be followed by the department. [Amended by 1981 c.153 �61]

�� 366.290 Adding to or removing roads from state highway system; responsibility for construction and maintenance. (1) The Department of Transportation may select, locate, establish, designate, improve and maintain out of the highway fund a system of state highways, and for that purpose may, by mutual agreement with several counties, select county roads or public roads. By an appropriate order entered in its records the department may designate and adopt such roads as state highways. Thereafter the construction, improvement, maintenance and repair of such roads shall be under the jurisdiction of the department.

�� (2) In the selection of highways or roads to be included in the state highway system the department shall give consideration to and shall select such county roads or public roads as will contribute to and best promote the completion of an adequate system of state highways.

�� (3)(a) With the written agreement of the county in which a particular highway or part thereof is located, the department may, when in its opinion the interests of highway users will be best served, eliminate from the state highway system any road, highway, road segment or highway segment. The road, highway or segment becomes a county road or highway, and the construction, repair, maintenance or improvement, and jurisdiction over the road or highway will be exclusively under the county in which the road or highway is located.

�� (b) In addition to the funds provided under ORS 366.762 to the county, the department may annually provide funds out of the State Highway Fund to address the additional costs to the county for the construction, repair, maintenance or improvement of the road or highway over which the county accepts jurisdiction.

�� (c) The agreement between the department and the county accepting jurisdiction must contain provisions to ensure that freight movement on the highway will not be restricted beyond the limits set in the agreement, unless the Oregon Transportation Commission, in consultation with the freight industry and the county, concludes that the restriction is necessary for the safety of the highway users. Nothing in this section prevents a county from taking emergency action to protect safety or place weight restrictions on a structure that is failing or otherwise damaged.

�� (4) The construction, maintenance and repair of state highways shall be carried on at the sole expense of the state or at the expense of the state and the county by mutual agreement between the department and the county in which any particular state highway is located. [Amended by 1953 c.252 �2; 1979 c.223 �1; 2011 c.330 �24]

�� 366.292 Consideration of tolling prior to doing modernization project. Before proceeding with a modernization project, or a series of modernization projects on a single highway, that might result in a segment of highway to which tolling could reasonably be applied, the Department of Transportation shall determine what portion of the costs of construction and maintenance could be recovered through tolls on users of the project. The toll potential of a modernization project shall be considered among other factors in determining which modernization projects should be included in the Statewide Transportation Improvement Program, with those projects with the greater potential to be self-funded through tolls ranking higher. A determination under this section may be based on assumptions that a single toll would be imposed or on assumptions that tolls would be imposed that vary depending on time of day or any other condition the department deems relevant. [1999 c.1072 �2]

�� 366.295 Relocation of highways. The Oregon Transportation Commission may make such changes in the location of highways designated and adopted by the commission, as in the judgment and discretion of the commission will result in better alignment, more advantageous and economical highway operation and maintenance, or as will contribute to and afford a more serviceable system of state highways than is possible under the present location. [Amended by 1977 c.312 �1]

�� 366.297 Environmental performance standards; rules. (1) As used in this section, �highway� has the meaning given that term in ORS 801.305.

�� (2) The Department of Transportation shall adopt rules, taking into consideration the following:

�� (a) Incorporating environmental performance standards into the design and construction of all state highway construction projects, including local government highway construction projects funded by the department.

�� (b) Improving the environmental permitting process for state highway construction projects in order to:

�� (A) Reduce the time required to design projects and obtain environmental permits;

�� (B) Reduce the cost and delay associated with redesigning projects to meet environmental requirements;

�� (C) Maintain a strong commitment to environmental stewardship; and

�� (D) Reduce this state�s dependence on foreign oil. [2009 c.865 �18]

�� Note: 366.297 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 366 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 366.300 Treatment of sections eliminated when highway relocated. (1) Whenever the Department of Transportation relocates or realigns a state highway or a section thereof, and by reason of such relocation or realignment there is eliminated from the original route of the highway a section thereof, the eliminated section shall, if needed for the service of persons living thereon or for a community served thereby, be maintained by the department at state expense, or by the county or by the state and the county on such terms and conditions as may be agreed upon.

�� (2) If such eliminated sections of old right of way, or any part thereof, in the judgment of the department, are needed or valuable for public road use, then the department shall, by appropriate action, declare the purpose of the department to preserve the same for public road use.

�� (3) If the department determines under subsection (2) of this section that the eliminated sections are merely parts of the old right of way which are no longer needed or valuable for highway right of way purposes or any other public road use, then if such eliminated sections are not owned by the department in fee, the department shall abandon such eliminated sections and such sections shall, except as otherwise provided in this section, revert to and title thereto shall vest in the abutting owner or owners.

�� (4) Nothing in this section shall impair vested rights of property owners under existing deeds, easements or contracts whereby the state or any county acquired such rights of way. This section shall not prevent the department from contracting for the acquisition of easements or rights of way on such terms and conditions as to abandonment and reverter as it may consider advisable under the conditions then existing. [Amended by 1985 c.259 �1]

�� 366.305 Materials, supplies and equipment. The Department of Transportation may select the materials to be used in the construction, maintenance and operation of state highways. It may purchase or contract for, independent of any particular job, improvement or highway project, whether done by contract, force account or otherwise, any material, supplies or equipment deemed necessary for carrying out the provisions and purposes of this Act in such amounts and manner and pursuant to such method as in the judgment of the department will be for the best interests of the state.

�� 366.310 Buildings and structures. The Department of Transportation may construct, equip, furnish and maintain office accommodations, shops, equipment sheds, storage plants and warehouses, snow fences, patrolmen quarters or accommodations and any other building, structure or thing deemed necessary for the efficient administration of the duties of the department and which in the opinion of the department are required for the proper and adequate accomplishment of the purposes of this Act.

�� 366.315 Widths of rights of way. The Department of Transportation may determine the widths of rights of way for all state highways.

�� 366.317 [1975 c.414 �1; repealed by 2015 c.138 �10]

�� 366.320 Acquisition of rights of way and right of access. (1) The Department of Transportation may acquire rights of way deemed necessary for all primary and secondary state highways, both within and without the corporate limits of cities and towns, except that such rights of way within the corporate limits of cities and towns may be acquired at the sole expense of the state, at the expense of the city or town or at the expense of the city or town and the state, as may be mutually agreed upon.

�� (2) The department may acquire by purchase, agreement, donation or by the exercise of the power of eminent domain, real property or any right or interest therein deemed necessary for rights of way, either for original location or for widening, straightening or otherwise changing any highway, road or street. The department may, when acquiring real property for right of way, acquire all right of access from abutting property to the highway to be constructed, relocated or widened.

�� (3) All rights of way owned or held by the several counties over and along any roads adopted as state highways are vested in the state, by and through the department. This subsection does not apply to any rights of way owned by any city for city streets. [Amended by 1953 c.252 �2]

�� 366.321 Expense of relocating municipal facilities payable by department; exceptions. (1) When location, construction, relocation, reconstruction, maintenance or repair of a state highway requires relocation of any facilities placed or maintained in or on a public right of way by any municipal corporation, or a district or authority established under ORS chapter 264, 450, 451, 523 or 545, the Department of Transportation shall pay the municipal corporation, district or authority whose facilities are so required to be relocated the reasonable expenses of relocation, less any benefits and salvage of the relocation.

�� (2) Subsection (1) of this section shall not apply to:

�� (a) Facilities located in or on the right of way of a state highway under permits issued by the department upon the condition that the permittee would bear the cost of any relocation; or

�� (b) Facilities located in or on the right of way of a state highway where the municipal corporation, district or authority established under ORS chapter 264, 450, 451 or 545, has placed such facilities in or on the right of way of the state highway without a permit from the Oregon Transportation Commission or has refused to execute a permit as required by law or commission regulations. However, this paragraph shall not apply where such municipal corporation, district or authority has located facilities in or on the right of way of a city street or county road with the permission of the governing body of such city or county before such city street or county road was selected and designated a state highway by the Department of Transportation pursuant to ORS

ORS 466.215

466.215]

WASTE TIRE DISPOSAL

�� 459.705 Definitions for ORS 459.705 to 459.790. As used in ORS 459.705 to 459.790:

�� (1) �Danger� or �nuisance� includes but is not limited to the unpermitted storage of waste tires or the storage of waste tires in a manner that does not comply with a condition of a permittee�s waste tire storage permit.

�� (2) �Director� means the Director of the Department of Environmental Quality.

�� (3) �Dispose� means to deposit, dump, spill or place any waste tire on any land or into any waters of the state as defined by ORS 468B.005.

�� (4) �Private carrier� means a person who receives or generates waste tires and who operates a motor vehicle over the public highways of this state for the purpose of transporting persons or property when the transportation is incidental to a primary business enterprise, other than transportation, in which the person is engaged. �Private carrier� does not include a person whose primary tire business is collecting, sorting or transporting used or waste tires.

�� (5) �Retreadable casing� means a waste tire suitable for retreading.

�� (6) �Store� or �storage� means to accumulate waste tires above ground, or to own or control property on which there are waste tires above ground. �Storage� includes the beneficial use of waste tires as fences and other uses with similar potential for causing environmental risks. �Storage� does not include the use of waste tires as a ballast to maintain covers on agricultural materials or at a construction site or a beneficial use such as a planter except when the department determines the use creates an environmental risk.

�� (7) �Tire� means a continuous solid or pneumatic rubber covering encircling the wheel of a vehicle in which a person or property is or may be transported in or drawn by upon a highway.

�� (8) �Tire carrier� means any person engaged in picking up or transporting waste tires for the purpose of storage, removal to a processor or disposal. �Tire carrier� does not include a solid waste collector operating under a license or franchise from any local government unit, a private individual or private carrier who transports the person�s own waste tires to a processor or for proper disposal, a person who transports fewer than five tires for disposal, or the United States, the State of Oregon, any county, city, town or municipality in this state, or any agency of the United States, the State of Oregon or a county, city, town or municipality of this state.

�� (9) �Tire retailer� means any person actively engaged in the business of selling new replacement tires.

�� (10) �Tire retreader� means any person actively engaged in the business of retreading waste tires by scarifying the surface to remove the old surface tread and attaching a new tread to make a usable tire.

�� (11) �Waste tire� means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect. [1987 c.706 �1; 1991 c.882 �6; 1993 c.560 �59; 2005 c.654 �25]

�� 459.708 Waste tire generator; requirements. (1) Any person who generates waste tires shall either:

�� (a) Have the waste tires transported by a waste tire carrier operating under a permit issued by the Department of Environmental Quality under ORS 459.705 to 459.790; or

�� (b) Transport the waste tires generated by the person to a waste tire storage site operating under a permit issued by the department, to a solid waste disposal site permitted by the department to accept waste tires or to another site authorized by the department.

�� (2) Any person who generates waste tires shall maintain a written record of the disposition of the waste tires including:

�� (a) Receipts indicating the disposition of the waste tires;

�� (b) The name and permit number of the waste tire carrier to whom waste tires were given for disposal;

�� (c) The name and location of the disposal site where waste tires were taken, including the date and number of waste tires; and

�� (d) Any other information the department may require.

�� (3) The information maintained under subsection (2) of this section shall be made available to the department upon request of the department. [1991 c.882 �3; 1993 c.560 �60]

�� Note: 459.708 was added to and made a part of 459.705 to 459.790 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 459.710 Disposal in disposal site prohibited; exceptions; use in construction of reefs prohibited; exception. (1) Except as provided in subsection (2) of this section, no person shall dispose of waste tires in a disposal site, as defined in ORS 459.005.

�� (2) A person may dispose of waste tires in a disposal site permitted by the Department of Environmental Quality if the waste tires are chipped in accordance with standards established by the Environmental Quality Commission.

�� (3) Except as provided in subsection (4) of this section, no person shall use waste tires as material in the construction of artificial reefs in the ocean waters of the State of Oregon.

�� (4) Subsection (3) of this section shall not apply to the use of waste tires in the construction of any artificial reef in any tidal or nontidal bay or estuary of this state. As used in this subsection, �estuary� has the meaning given that term in ORS 196.800. [1987 c.706 �2; 1989 c.203 �1; 1993 c.560 �61]

�� 459.712 Transport without carrier permit prohibited; exceptions. (1) No person shall collect or transport waste tires for the purpose of storage, processing or disposal or purport to be in the business of collecting or transporting waste tires unless the person has a waste tire carrier permit issued by the Department of Environmental Quality under ORS 459.705 to 459.790.

�� (2) As a condition to holding a permit issued under subsection (1) of this section, each waste tire carrier shall:

�� (a) Comply with the provisions of ORS 459.705 to 459.790.

�� (b) Report periodically to the department on numbers of waste tires transported and the manner of disposition.

�� (c) Maintain financial assurance in the amount of $5,000 in the name of the State of Oregon.

�� (d) Maintain other plans and exhibits pertaining to the tire carrier operation as determined by the department to be reasonably necessary to protect the public health, welfare or safety or the environment.

�� (3) Subsection (1) of this section shall not apply to:

�� (a) A solid waste collector operating under a license or franchise from a local government unit.

�� (b) A private individual transporting the individual�s own waste tires to a processor or for proper disposal.

�� (c) A private carrier transporting the carrier�s own waste tires to a processor or for proper disposal.

�� (d) The United States, the State of Oregon, any county, city, town or municipality in this state or any agency of the United States, the State of Oregon or a county, city, town or municipality of this state. [1991 c.882 �2]

�� Note: 459.712 was added to and made a part of 459.705 to 459.790 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 459.715 Storage prohibited; exceptions. (1) No person shall store more than 100 waste tires anywhere in this state except at a waste tire storage site operated under a permit issued under ORS

ORS 466.265

466.265 regulating the disposal of PCB including, but not limited to, rules for the operation and maintenance of a PCB disposal facility, the Environmental Quality Commission shall provide for the best practicable disposal of the PCB in a manner that will minimize the possibility of adverse effects on the public health and safety or environment.

�� (2) The Department of Environmental Quality shall investigate and analyze in detail the disposal methods and procedures required to be adopted by rule under subsection (1) of this section and ORS 466.265 and shall report its findings and recommendations to the commission. [1985 c.670 �17]

�� 466.275 Permit application for PCB disposal facility. Permit applications submitted to the Department of Environmental Quality for managing, operating, constructing, developing or establishing a PCB disposal facility must contain the following:

�� (1) The management program for the operation of the facility including the person to be responsible for the operation of the facility and a resume of the person�s qualifications, the proposed method of disposal, the proposed method of pretreatment or decontamination of the facility, if any, and the proposed emergency measures to be provided at the facility.

�� (2) A description of the size and type of facility to be constructed, including the height and type of fencing to be used, the size and construction of structures or buildings, warning signs, notices and alarms to be used, the type of drainage and waste treatment facilities and maximum capacity of such facilities, the location and source of each water supply to be used and the location and the type of fire control facilities to be provided at the facility.

�� (3) A preliminary engineering sketch and flow chart showing proposed plans and specifications for the construction and development of the disposal facility and the waste treatment and water supply facilities, if any, to be used at the facility.

�� (4) The exact location and place where the applicant proposes to operate and maintain the PCB disposal facility, including the legal description of the lands included within the facility.

�� (5) A geologist�s survey report indicating land formation, location of water resources and direction of the flows thereof and the geologist�s opinion relating to the potential of contamination of water resources including but not limited to possible sources of such contamination.

�� (6) The names and addresses of the applicant�s current or proposed insurance carriers, including copies of insurance policies then in effect. [1985 c.670 �18; 1987 c.540 �40]

�� 466.280 Copies of application to be sent to affected state agencies. Upon receipt of an application for a PCB disposal facility permit, the Department of Environmental Quality shall cause copies of the application to be sent to affected state agencies, including the Oregon Health Authority, the Public Utility Commission, the State Fish and Wildlife Commission and the Water Resources Director. Each agency shall respond within the period specified by the Department of Environmental Quality by making a written recommendation as to whether the permit application should be granted. Recommendation from other agencies shall be considered in determining whether to grant the permit. [1985 c.670 �19; 1987 c.540 �41; 2009 c.595 �945]

�� 466.285 Notice of hearings on application. (1) Prior to holding hearings on a PCB disposal facility permit application, the Environmental Quality Commission shall cause notice to be given in the county or counties where the proposed facility is to be located in a manner reasonably calculated to notify interested and affected persons of the permit application.

�� (2) The notice shall contain information regarding the approximate location of the facility and the type and amount of PCB intended for disposal at the facility, and shall fix a time and place for a public hearing. In addition, the notice shall contain a statement that any person interested in or affected by the proposed PCB disposal facility shall have opportunity to testify at the hearing. [1985 c.670 �20; 1987 c.540 �42]

�� 466.290 Public hearing in area of proposed facility required. The Environmental Quality Commission shall conduct a public hearing in the county or counties where a proposed PCB disposal facility is located and may conduct hearings at other places as the Department of Environmental Quality considers suitable. At the hearing the applicant may present the application and the public may appear or be represented in support of or in opposition to the application. [1985 c.670 �21]

�� 466.295 Examination of applications; recommendation to commission; decision as to issuance; notice to applicant. (1) At the close of the application period under ORS 466.040, the Department of Environmental Quality shall examine and review all PCB disposal facility permit applications submitted to the Environmental Quality Commission and make such investigations as the department considers necessary, and make a recommendation to the commission as to whether to issue the permit.

�� (2) After reviewing the department�s recommendations under subsection (1) of this section, the commission shall decide whether or not to issue the permit. It shall cause notice of its decision to be given to the applicant by certified mail at the address designated in the application. The decision of the commission is subject to judicial review under ORS 183.480. [1985 c.670 �22; 1987 c.540 �43]

�� 466.300 Restrictions on commission authority to issue permit. The Environmental Quality Commission may not issue a permit under ORS 466.295 for any facility designed to dispose of PCB by incineration unless:

�� (1) The facility is also equipped to incinerate hazardous waste; and

�� (2) The applicant has received all federal and state licenses and permits required to operate a hazardous waste incinerator. [1985 c.670 �23; 1987 c.540 �44]

�� 466.305 Investigation of complaints; hearing; order.

(1) The Department of Environmental Quality shall investigate any complaint made to it by any person that the operation of any PCB disposal facility is unsafe or that the operation is in violation of a condition of the operator�s permit or any provisions of ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.340 or the rules adopted under ORS 466.025 to 466.065, 466.250, 466.255 (2) and (3) and 466.260 to 466.350. Upon receiving a complaint, the department shall furnish a copy of the complaint to the person holding the permit to operate the PCB disposal facility.

�� (2) If, after making an investigation under subsection (1) of this section, the department is satisfied that sufficient grounds exist to justify a hearing upon the complaint, it shall give 10 days� written notice of the time and place of the hearing and the matters to be considered at the hearing. Both the complainant and the respondent are entitled to be heard, produce evidence and offer exhibits and to require the attendance of witnesses at the hearing.

�� (3) An administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605 shall hear the matter. Within 30 days after the date of the hearing and after considering all evidence and testimony submitted, the Environmental Quality Commission shall make a specific order as it considers necessary. Any order issued by the commission under this subsection shall be subject to judicial review in the manner provided by ORS 183.480 for judicial review of orders in contested cases. The costs of reporting and of transcribing the hearing for the purpose of judicial review shall be paid by the party seeking judicial review. [1985 c.670 �24; 1987 c.540 �45; 1999 c.849 ��96,97; 2003 c.75 �40]

�� 466.310 Monitoring, inspection and surveillance program; access to facility and records. The Department of Environmental Quality shall establish and operate a monitoring, inspection and surveillance program over all PCB disposal facilities or may contract with any qualified public or private agency other than the owner or permittee to do so. Owners and operators of a PCB disposal facility must allow necessary access to the PCB disposal facility and to its records, including those required by other public agencies, for the monitoring, inspection and surveillance program to operate. [1985 c.670 �25; 1987 c.540 �46]

�� 466.315 Procedure for emergency. (1) Whenever, in the judgment of the Department of Environmental Quality, there is reasonable cause to believe that a clear and immediate danger to the public health or safety or to the environment exists from the continued operation of the facility, without hearing or prior notice, the department shall order the operation of the facility halted by service of the order on the facility operator or an agent of the operator.

�� (2) Within 24 hours after the order is served, the department must appear in the appropriate circuit court to petition for the equitable relief required to protect the public health or safety or the environment and may begin proceedings to revoke the permit if grounds for revocation exist. [1985 c.670 �26; 1987 c.540 �47]

�� 466.320 Conditions for holding permit. Each PCB disposal facility permittee under ORS 466.025 to 466.065, 466.250,

ORS 473.045

473.045 and other taxes on alcoholic liquors, together with penalties and interest thereon, levied or assessed against the licensee or permittee under statutes relating to the importation, manufacture, distribution, sale or taxation of alcoholic liquors in the State of Oregon.

�� (2) Under such conditions as the commission may prescribe, the holder of a brewery, winery, wholesale, warehouse, grower sales privilege or brewery-public house license or the holder of a direct to retailer permit may deposit, in lieu of the bond required by subsection (1) of this section, the equivalent value in cash, bank letters of credit recognized by the State Treasurer or negotiable securities of a character approved by the State Treasurer. The deposit is to be made in a bank or trust company for the benefit of the commission. Interest on deposited funds or securities shall accrue to the depositor. [Formerly 471.210; 2007 c.637 �1; 2007 c.651 �5a; 2021 c.351 �45; 2023 c.391 �1]

�� 471.157 Licenses issuable. The licenses described in this chapter may be issued by the Oregon Liquor and Cannabis Commission, subject to its regulations and restrictions and the provisions of the Liquor Control Act. [Formerly 471.215; 2013 c.537 �1; 2021 c.351 �46]

�� 471.159 Enclosure of licensed premises. (1) The Oregon Liquor and Cannabis Commission may not license a location that does not have defined boundaries.

�� (2) A licensed premises need not be enclosed by a wall, fence or other structure, but the commission may require that any licensed premises be enclosed as a condition of issuing or renewing a license.

�� (3) Except as provided in ORS 471.182, the commission may not license premises that are mobile. [1999 c.351 �14 (enacted in lieu of 471.017); 2021 c.351 �47]

�� 471.162 Exemptions from license requirement. (1) Hospitals, sanitariums, convalescent homes, rest homes, retirement homes and facilities for the care of the elderly that have been licensed or registered by the state may sell and serve alcoholic beverages to patients, inmates and residents, and to bona fide visitors and guests of patients, inmates and residents, without a license issued under this chapter. Facilities authorized to sell and serve alcoholic beverages without a license under this subsection may not sell or serve alcoholic beverages after 10 p.m. except upon a physician�s prescription.

�� (2) A person who operates a private residence that is not a boarding house but that accommodates transient guests for a limited duration may sell and serve wine, malt beverages and cider to registered overnight guests without a license. Facilities authorized to sell and serve alcoholic beverages without a license under this subsection must have six or fewer guest units.

�� (3) A person who is an employee or agent of the holder of a license issued under this chapter that authorizes wholesale distribution of alcoholic beverages may, on behalf of the licensee, sell alcoholic beverages in factory-sealed containers to retail licensees and wholesalers.

�� (4) A pharmacist licensed under the laws of this state may sell alcoholic beverages without a license. Pharmacists may only sell alcoholic beverages under the provisions of this section if the alcoholic beverages are drugs as defined in ORS 689.005. A pharmacist may sell alcoholic beverages under the provisions of this subsection pursuant to a prescription, in containers of not more than one quart capacity.

�� (5) A wine collector, or the agent of a wine collector, may sell wine in factory-sealed containers at auction without a license. Any wine sold under this subsection must have been held by the collector for at least a six-month period. A wine collector must receive written approval from the Oregon Liquor and Cannabis Commission before conducting a sale under this subsection. No more than one sale in a 12-month period may be conducted by a wine collector under the provisions of this subsection.

�� (6)(a) As used in this subsection, �homemade� has the meaning given that term in ORS 471.037.

�� (b) A nonprofit or charitable organization registered in this state may sell, including but not limited to through an auction or raffle, alcoholic beverages for up to 45 days in a calendar year without a license issued under this chapter, subject to paragraphs (c) to (f) of this subsection.

�� (c) Prior to selling or offering for sale an alcoholic beverage, the organization must obtain written approval from the commission to sell or offer for sale an alcoholic beverage on any day on which the organization wishes to sell or offer for sale alcoholic beverages under this subsection.

�� (d) The organization may sell malt beverages, wine, cider and distilled liquor purchased by or donated to the organization. Except for donated homemade malt beverages, wine and fermented fruit juices, the purchased or donated malt beverages, wine, cider and distilled liquor must be imported into this state by the commission or be manufactured in or imported into this state under a brewery, brewery-public house, distillery, grower sales privilege, winery or wholesale malt beverage and wine license.

�� (e) The organization may sell:

�� (A) Malt beverages, wine, cider, distilled liquor and donated homemade malt beverages, wine and fermented fruit juices by the drink for on-premises consumption;

�� (B) Malt beverages, wine, cider and donated homemade malt beverages, wine and fermented fruit juices in factory-sealed containers or securely covered containers for off-premises consumption; and

�� (C) Up to a total of four liters per calendar year of distilled liquor in factory-sealed containers for off-premises consumption.

�� (f) The organization may deliver or arrange for the delivery of alcoholic beverages sold for off-premises consumption as described in this subsection.

�� (7) A manufacturer may sell proprietary or patent medicines, perfumes, lotions, flavoring extracts, medicinal tinctures and other preparations unfit for beverage purposes without a license. [1999 c.351 �10; 2012 c.16 �1; 2017 c.533 �6; 2021 c.180 �6; 2021 c.351 �48]

(Authority of Cities and Counties)

�� 471.164 Authority of cities and counties over establishments that offer entertainment or serve alcoholic beverages. (1) Cities and counties may adopt reasonable time, place and manner regulations of the nuisance aspects of establishments that offer entertainment or serve alcoholic beverages if the city or county makes specific findings that the establishment would cause adverse effects to occur.

�� (2) The authority granted to cities and counties by this section is in addition to, and not in lieu of, the authority granted to a city or county under its charter and the statutes and Constitution of this state. [Formerly 471.213]

�� 471.166 Local government recommendations on license issuance and renewal; rules; fees. (1) The Oregon Liquor and Cannabis Commission may require that every applicant for issuance or renewal of a license under this chapter acquire a written recommendation from the governing body of the county if the place of business of the applicant is outside an incorporated city, and from the city council if the place of business of the applicant is within an incorporated city. The commission may take such written recommendation into consideration before granting or refusing the license.

�� (2) If the commission requires that an applicant for issuance of a new license acquire the written recommendation of a local government, the applicant must give notice to the local government when an application is made for issuance of the license. If the local government files a favorable recommendation with the commission within 45 days after the notice is given, the commission shall proceed with consideration of the application. The commission shall proceed with consideration of the application as though the local government had made a favorable recommendation unless, within 45 days after notice is given to the local government:

�� (a) The local government files an unfavorable recommendation with the commission with a statement of the grounds for the unfavorable recommendation; or

�� (b) The local government files a request for additional time with the commission that sets forth the reason additional time is needed by the local government, a statement that the local government is considering making an unfavorable recommendation on the application, and the specific grounds on which the local government is considering making an unfavorable recommendation.

�� (3) If the commission requires that an applicant for renewal of a license acquire the written recommendation of a local government under this section, the commission shall give notice to the local government when an application is due for renewal of the license. If the local government files a favorable recommendation with the commission within 60 days after the notice is given, the commission shall proceed with consideration of the application. The commission shall proceed with consideration of the application as though the local government had made a favorable recommendation unless within 60 days after notice is given to the local government:

�� (a) The local government files an unfavorable recommendation with the commission with a statement of the grounds for the unfavorable recommendation; or

�� (4) The commission shall suspend consideration of an application subject to this section for a reasonable period of time if a local government requests additional time under subsection (2)(b) or (3)(b) of this section and the grounds given by the local government are valid grounds for an unfavorable determination under this chapter or rules adopted by the commission. The commission shall by rule establish the period of time that shall be granted to a local government pursuant to a request under subsections (2)(b) and (3)(b) of this section.

�� (5) The commission shall by rule establish valid grounds for unfavorable recommendations by local governments under this section. Valid grounds established by the commission under this section for an unfavorable recommendation by a local government must be limited to those grounds considered by the commission in making an unfavorable determination on a license application.

�� (6) A person filing an application for issuance or renewal of a license that is subject to this section must remit to the local government the fees established under subsections (7) and (8) of this section. The commission shall give notice to the applicant for license renewal of the amount of the fees and the name of the local government collecting the fees. The commission is not responsible for collecting the fees charged by the local government or for ensuring that the fees have been paid. An applicant for a license renewal shall certify in the application form filed with the commission that the applicant has paid any fees required under this section.

�� (7) An applicant required to seek a written recommendation from a local government must pay an application fee to the local government, in an amount determined by the governing body of the city or county, for each application for a license. The application fee established by a local government under this subsection may not exceed $25.

�� (8) After public notice and hearing, the governing body of a city or county may adopt an ordinance, rule or resolution prescribing licensing guidelines to be followed in making recommendations on license applications under this chapter and in allowing opportunity for public comment on applications. If the guidelines are approved by the commission as consistent with commission rules, after public notice and hearing the governing body may adopt an ordinance, rule or regulation establishing a system of fees that is reasonable and necessary to pay expenses of processing the written recommendation. Processing fees under this subsection are in lieu of fees under subsection (7) of this section. In no case shall the processing fee under this subsection be greater than $100 for an original application, $75 for a change in ownership, change in location or change in privilege application, and $35 for a renewal or temporary application. [1999 c.351 �20; 2003 c.337 �1; 2021 c.351 �49]

(Mandatory Liability Insurance)

�� 471.168 Certain licensees required to maintain liquor liability insurance or bond; rules. (1) For the purpose of providing coverage for injuries suffered by persons by reason of the conduct of intoxicated persons who were served alcoholic beverages on licensed premises while visibly intoxicated, all persons holding a license described in this section must either:

�� (a) Maintain liquor liability insurance of not less than $300,000; or

�� (b) Maintain a bond with a corporate surety authorized to transact business in this state in the amount of not less than $300,000.

�� (2) The Oregon Liquor and Cannabis Commission may by rule require liquor liability insurance or bond in an amount larger than the minimum amount provided for in subsection (1) of this section.

�� (3) The requirements of this section apply to full on-premises sales licenses, limited on-premises sales licenses and brewery-public house licenses. The requirements of this section apply to temporary sales licenses, special events winery licenses, special events grower sales privilege licenses, special events brewery-public house licenses, special events brewery licenses and special events distillery licenses if the event that is licensed is open to the public and attendance at the event is anticipated to exceed 300 individuals per day.

�� (4) The requirements of this section apply to winery licenses, brewery licenses and grower sales privilege licenses unless an applicant for issuance of the license or renewal of the license submits with the application for issuance or renewal of the license an affidavit that states that the licensee will not allow consumption of alcoholic beverages on the premises.

�� (5) All licensees subject to the requirements of this section must supply proof of compliance at the time the license is issued or renewed. The commission by rule shall determine the manner in which proof of compliance may be made under the provisions of this subsection. The commission may require a licensee to present proof of compliance with liquor liability insurance and bond requirements at any time upon request of the commission.

�� (6) Failure of a licensee to comply with liquor liability insurance or bond requirements imposed under this section constitutes a serious threat to public health and safety. In addition to any action available to the commission under ORS 471.313 or 471.315, the commission may immediately suspend or refuse renewal of a license as provided under ORS 183.430 (2) if the licensee fails to comply with those insurance or bond requirements.

�� (7) If a licensee fails to provide proof of compliance with liquor liability insurance or bond requirements imposed under this section at the time of license renewal or when requested by the commission, the failure is sufficient reason for the commission to find for purposes of ORS 183.430 (2) that the licensee has failed to comply with the insurance or bond requirements. [Formerly 471.218; 2009 c.140 �1; 2009 c.237 �1; 2009 c.514 �1; 2016 c.3 �3; 2021 c.351 �50]

(Retail Licenses)

�� 471.175 Full on-premises sales license; rules. (1) The holder of a full on-premises sales license may sell by the drink at retail wine, malt beverages, cider and distilled liquor. Except as provided in this section and ORS 471.176, all alcoholic beverages sold under a full on-premises sales license must be consumed on the licensed premises.

�� (2) A full on-premises sales license may be issued only to a:

�� (a) Nonprofit private club, as described in subsection (11) of this section.

�� (b) Public passenger carrier as provided in ORS 471.182.

�� (c) Commercial establishment, as defined in ORS 471.001 (2).

�� (d) Public location that does not qualify for licensing under paragraphs (a) to (c) of this subsection if:

�� (A) Food is cooked and served at the location;

�� (B) The predominant business activity at the location is other than the preparation or serving of food or the serving of alcohol; and

�� (C) The location meets any minimum food service requirements established by Oregon Liquor and Cannabis Commission rule.

�� (e) Caterer, subject to the requirements of ORS 471.184.

�� (3) The holder of a full on-premises sales license shall allow a patron to remove a partially consumed bottle of wine from the licensed premises if the wine is served in conjunction with the patron�s meal, the patron is not a minor and the patron is not visibly intoxicated.

�� (4) The holder of a full on-premises sales license may purchase any distilled liquor from an agent of the commission appointed pursuant to ORS 471.750 at a discount of not more than five percent off the regular listed price fixed by the commission, together with all taxes, in a manner prescribed by commission rule. For purposes of compensation by the commission, the appointed agent shall be credited with such sales at full retail cost. The commission may not require the licensee to purchase more than one container of distilled liquor at a time if the distilled liquor:

�� (a) Except as provided in subsection (12) of this section, has a retail sales price of $30 or more per container;

�� (b) Is available through a distributor in the United States that does not require the commission to acquire more than one case of the distilled liquor in a single transaction;

�� (c) Is not regularly stocked by the commission; and

�� (d) Is ordered in a 750 milliliter container size if available in that size.

�� (5) The holder of a full on-premises sales license may purchase distilled liquor only from a retail sales agent of the commission or from another person licensed under this section who has purchased the distilled liquor from a retail sales agent of the commission.

�� (6) The holder of a full on-premises sales license may purchase for sale at retail malt beverages, wine and cider only from a holder of a license or permit issued by the commission that authorizes sales of malt beverages, wine or cider at wholesale to licensees of the commission.

�� (7) The holder of a full on-premises sales license may sell for consumption off the licensed premises malt beverages, wine and cider in securely covered containers provided by the consumer that have capacities of not more than two gallons each.

�� (8) The holder of a full on-premises sales license may sell for consumption off the licensed premises malt beverages, wine and cider in factory-sealed containers.

�� (9)(a) The holder of a full on-premises sales license may deliver malt beverages, wine and cider that are sold for off-premises consumption under the privileges of the license to retail customers in this state without a direct shipper permit issued under ORS 471.282. Any deliveries by the licensee are subject to any rules adopted by the commission relating to deliveries made under this subsection.

�� (b) The holder of a full on-premises sales license that uses a third-party delivery facilitator to make deliveries under this subsection is not responsible for ensuring that the deliveries made by the third-party delivery facilitator meet any requirements applicable to the deliveries.

�� (10) On or before the 20th day of each month, the holder of a full on-premises sales license may submit to the commission a report showing the quantity of malt beverages, wine or cider received from the holder of a direct to retailer permit issued under ORS

ORS 496.216

496.216. [1981 c.575 �6; 1987 c.99 �4]

�� 496.225 [Repealed by 1973 c.723 �130]

ACCESS AND HABITAT BOARD

�� 496.228 Access and Habitat Board; qualification of members; expenses; term; meetings. (1) There is established within the State Department of Fish and Wildlife the Access and Habitat Board, consisting of seven members appointed by the State Fish and Wildlife Commission.

�� (2) Three members shall be appointed to represent the broad spectrum of hunters. In making appointments pursuant to this subsection, the commission shall consider recommendations from the State Fish and Wildlife Director.

�� (3) Three members of the board shall be appointed to represent the broad spectrum of agriculture and timber landowners. In making appointments pursuant to this subsection, the commission shall consider recommendations from the State Fish and Wildlife Director from a list of at least five persons submitted by the State Forester and the Director of Agriculture.

�� (4) One member of the board shall be appointed to represent the public and shall serve as the board chairperson.

�� (5) A member of the board shall receive no compensation for services as a member. However, subject to any applicable law regulating travel and other expenses of state officers and employees, a member shall be reimbursed for actual and necessary travel and other expenses incurred in the performance of official duties from such moneys as are made available by ORS 497.104.

�� (6) The term of office of a member of the board is four years. A member of the board is eligible for reappointment.

�� (7) An official action of the board may be taken only upon the affirmative vote of at least four members.

�� (8) The board shall select such officers for such terms and with such duties and powers as the board considers necessary for the performance of those offices.

�� (9) The board shall meet at such times and at such places as may be determined by the chair or by the majority of the members of the board. [1993 c.659 �15; 2009 c.291 �3]

�� 496.230 [1957 c.119 �2; repealed by 1973 c.723 �130]

�� 496.232 Board to make program recommendations; commission approval; report; fund expenditure qualifications; gifts and grants. (1) The Access and Habitat Board shall meet, adopt and recommend to the State Fish and Wildlife Commission, within 120 days after November 4, 1993, and at not more than 120-day intervals thereafter, access and habitat programs.

�� (2) The commission shall review such programs and may approve or disapprove the program recommendation by the board. Funds may be expended from the subaccount referred to in ORS 496.242 for projects that have been approved by the commission.

�� (3) The State Department of Fish and Wildlife and the board jointly shall submit to each odd-numbered year regular session of the Legislative Assembly a report on expenditure of funds for the access and habitat programs and on the status of various projects.

�� (4) In recommending access and habitat programs, the board shall:

�� (a) Recommend a mix of projects that provides a balance between access and habitat benefits.

�� (b) Recommend projects that are to be implemented by volunteers under volunteer coordinators and nonprofit organizations engaged in approved access and habitat activities.

�� (c) Recommend programs that recognize and encourage the contributions of landowners to wildlife and programs that minimize the economic loss to those landowners.

�� (d) Encourage agreements with landowners who request damage control hunts to ensure public access to those hunts.

�� (e) Encourage projects that result in obtaining matching funds from other sources.

�� (5) All moneys made available for the access and habitat programs under ORS 497.104 and from gifts and grants made to carry out the access and habitat programs may be expended only if the board so recommends and the commission so approves. Such amounts may be expended:

�� (a) On programs that benefit wildlife by improving habitat. These programs shall be in coordination with the Wildlife Division and shall be in addition to programs provided by federal funds. These programs may:

�� (A) Be on private lands.

�� (B) Provide seed and fertilizer to offset forage consumed by wildlife and for other programs that enhance forage.

�� (C) Be adjacent to agricultural and forest land to attract animals from those crops.

�� (b) On programs that promote access to public and private lands:

�� (A) Through contracting for various levels of management of these lands. These management programs may include:

�� (i) Creating hunting lease programs that provide access at present levels or stimulate new access.

�� (ii) Controlling access.

�� (iii) Opening vehicle access.

�� (iv) Promoting land exchanges.

�� (v) Promoting proper hunting behavior.

�� (B) Through the acquisition of easements.

�� (c) On programs that would provide for wildlife feeding to alleviate damage, to intercept wildlife before wildlife becomes involved in a damage situation and for practical food replacement in severe winters.

�� (d) On programs to coordinate volunteers to improve habitat, repair damage to fences or roads by wildlife or recreationists, monitor orderly hunter utilization of public and private lands and assist the Oregon State Police in law enforcement activities.

�� (e) On programs that provide for auction or raffle of tags to provide incentives for habitat or access.

�� (6) The board may accept, from whatever source, gifts or grants for the purposes of access and habitat. All moneys so accepted shall be deposited in the subaccount referred to in ORS 496.242. Unless otherwise required by the terms of a gift or grant, gifts or grants shall be expended as provided in subsection (5) of this section. [1993 c.659 �16; 2005 c.22 �369; 2009 c.778 �1a; 2011 c.545 �59; 2015 c.779 �18]

�� 496.235 [Repealed by 1973 c.723 �130]

�� 496.236 Advisory councils to board; duties; no compensation or expenses for members. (1) Individuals who reside in the various regions established for administration of the wildlife resources may form advisory councils, with membership in the same proportion as described for the board, to discuss and consider access and habitat programs and projects and to make recommendations thereon to the Access and Habitat Board. When the board considers proposals affecting a region, the board shall consult with the advisory council for that region if one exists.

�� (2) Employees of the State Department of Fish and Wildlife or other professional biologists who are residents of the various regions may act in an advisory capacity to the various councils.

�� (3) An individual who serves as a member of an advisory council shall receive no compensation or expenses for service as a member. [1993 c.659 �17]

�� 496.240 [Amended by 1959 c.371 �3; 1963 c.154 �3; 1965 c.74 �4; repealed by 1973 c.723 �130]

�� 496.242 Access and habitat program funds. (1) Notwithstanding ORS 496.300, all moneys received by the State Fish and Wildlife Commission pursuant to ORS 497.104 shall be deposited in the Access and Habitat Board Subaccount established in the Fish and Wildlife Account. Moneys in the subaccount may be expended only for the access and habitat programs recommended by the Access and Habitat Board for the benefit of the wildlife resources of this state.

�� (2) The State Department of Fish and Wildlife shall credit the subaccount with a sum equal to 15 percent of the other fund budget for the green forage and Deer Enhancement and Restoration programs in each biennium.

�� (3) The department shall not assess its personnel costs in the administration of ORS

ORS 527.990

527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative on June 1, 2028. [2022 c.33 �63]

�� Sec. 64. Repeal of conditionally operative provisions. Sections 59 and 62 of this 2022 Act are repealed on January 2, 2077. [2022 c.33 �64]

�� 496.257 Private Forest Accord Grant Program; rules. (1) As used in this section, �forestland� and �forest practice� have the meanings given those terms in ORS 527.620.

�� (2) The State Fish and Wildlife Commission shall establish by rule a Private Forest Accord Grant Program for the purpose of funding projects that mitigate impacts of forest practices by:

�� (a) Removing structures that block the passage of aquatic organisms or repairing the structures to promote the passage of aquatic organisms.

�� (b) Placing logs or other wood-based material in streams to promote natural stream functions.

�� (c) Conserving, recruiting or reintroducing beavers to restore aquatic landscapes.

�� (d) Developing or sustaining healthy riparian corridors or wet meadow complexes to reduce burn intensity during fires and protect streams from excess sediment after a fire.

�� (e) Applying restoration treatments to densely stocked, single-species stands of trees to hasten the return of riparian function after tree harvesting.

�� (f) Applying restoration treatments to stands of trees to enhance historic species diversity that benefits riparian function.

�� (g) Supporting establishment of conservation easements on land other than forestland to protect riparian areas.

�� (h) Supporting acquisition of an existing water right for conversion to an in-stream water right, as described in ORS 537.348, to improve in-stream flow conditions.

�� (i) Installing fencing or otherwise excluding grazing in riparian areas or around seeps or springs.

�� (j) Installing off-stream stockwater systems or hardened watering gaps to reduce the effects of grazing on aquatic organisms.

�� (k) Undertaking other measures that effectively conserve or restore habitat for aquatic organisms addressed by a habitat conservation plan that is consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022.

�� (3) In administering the program, the commission:

�� (a) Shall develop criteria for awarding a grant and a process for applying for a grant.

�� (b) Shall award grants to most effectively mitigate impacts of forest practices, consistent with advice from the Private Forest Accord Mitigation Advisory Committee.

�� (c) May award a grant to another agency.

�� (d) May require the recipient of a grant to report to the commission on the use of grant funds. [2022 c.33 �32]

�� Note: 496.257 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (note preceding 496.257).

�� Note: 496.257 and 496.259 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 496.259 Private Forest Accord Mitigation Advisory Committee. (1) The Private Forest Accord Mitigation Advisory Committee is established as an advisory committee to the State Fish and Wildlife Commission and the State Department of Fish and Wildlife for the purpose of carrying out the duties described in subsection (11) of this section.

�� (2) The committee shall consist of up to 12 members, including seven voting members appointed pursuant to subsections (3) and (4) of this section and up to five nonvoting members as provided for in subsection (5) of this section.

�� (3)(a) The Governor shall appoint the following six voting members:

�� (A) Three members who represent the timber industry.

�� (B) Three members who represent nongovernmental organizations that promote conservation of freshwater aquatic habitat.

�� (b) In appointing members, the Governor shall solicit and consider recommendations from the timber industry and nongovernmental organizations that promote conservation of freshwater aquatic habitat.

�� (4) The members of the Oregon Conservation and Recreation Advisory Committee shall select and appoint from among themselves one person to serve as a voting member of the Private Forest Accord Mitigation Advisory Committee.

�� (5) The department shall appoint up to five nonvoting members recommended by:

�� (a) The State Forestry Department.

�� (b) The Oregon Watershed Enhancement Board.

�� (c) The State Department of Fish and Wildlife.

�� (d) The United States Fish and Wildlife Service.

�� (e) The National Marine Fisheries Service.

�� (6)(a) The term of a voting member is four years.

�� (b) Before the expiration of the term of a voting member, the appropriate appointing authority shall appoint a successor whose term begins on the following January 31.

�� (c) A voting member may be reappointed but may not serve for more than two full terms.

�� (d) A voting member appointed by the Governor may be removed only for cause.

�� (7) In case of a vacancy, the appropriate appointing authority shall make an appointment to become effective immediately for the unexpired portion of the term.

�� (8) The voting members shall biennially select from among themselves a chairperson and vice chairperson.

�� (9) The committee shall meet at least four times per year.

�� (10) A majority of the voting members constitutes a quorum for the transaction of business.

�� (11) The committee shall:

�� (a) Review State Department of Fish and Wildlife policies regarding the use of moneys deposited in the Private Forest Accord Mitigation Subaccount of the Oregon Conservation and Recreation Fund and make recommendations to the commission and the department regarding the use of moneys in the subaccount.

�� (b) Solicit and review grant applications under the Private Forest Accord Grant Program described in ORS 496.257 and advise the commission and department on how to award grants in a manner that will most effectively mitigate the impacts of forest practices, as defined in ORS 527.620.

�� (12) In undertaking the duties described in subsection (11) of this section, the committee may solicit and consider recommendations from, and otherwise coordinate with, the Oregon Conservation and Recreation Advisory Committee.

�� (13) Members of the Private Forest Accord Mitigation Advisory Committee may receive compensation and expenses as described in ORS 292.495. [2022 c.33 �30]

�� Note: 496.259 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (note preceding 496.257).

�� Note: See second note under 496.257.

�� 496.260 [1981 c.720 �22; repealed by 2011 c.83 �24]

FISH AND WILDLIFE HABITAT IMPROVEMENT

�� 496.264 Findings. The Legislative Assembly finds and declares that:

�� (1) Many small streams in eastern Oregon were historically inhabited by beaver populations and strongly influenced by beavers� unique ability to modify their physical surroundings. Beaver dams had the effect of slowing the flow of water, allowing for natural overflow onto surrounding ancient floodplains and providing many positive benefits to stream ecosystems and to the hydrologic functioning of streams and adjacent water tables.

�� (2) Due, in part, to the near eradication of the once prevalent beaver populations, many stream systems have become severely degraded during the past century, developing deeply eroded and incised stream channels that have lost connectivity with the natural ancient floodplain. These changes to the stream systems have resulted in adverse environmental and economic impacts.

�� (3) The public policy of the State of Oregon is to encourage and support a program for voluntary stream restoration actions by landowners that can help restore both environmental and economic health to eastern Oregon through the construction of environmental restoration weirs, provided that the voluntary stream restoration actions do not have significant adverse consequences for the environment or existing water rights.

�� (4) Environmental restoration weirs constructed pursuant to ORS 496.266 may provide benefits to stream restoration that include:

�� (a) Improving habitat conditions;

�� (b) Slowing stream runoff;

�� (c) Decreasing the chance of catastrophic wildfire;

�� (d) Improving carbon sequestration; and

�� (e) Improving economic productivity of the adjacent ancient floodplain. [2021 c.63 �2]

�� Note: 496.264 and 496.266 were added to and made a part of the wildlife laws by legislative action but were not added to ORS chapter 496 or any series therein. See Preface to Oregon Revised Statutes for further explanation.

�� 496.265 [1981 c.720 �23; 1989 c.924 �8; repealed by 2011 c.83 �24]

�� 496.266 Environmental restoration weirs; rules. (1) As used in this section and ORS 496.264:

�� (a) �Ancient floodplain� means channel adjacent areas and surfaces constructed by fluvial processes that functioned as floodplains or areas for overbank deposition prior to channel incision.

�� (b) �Environmental restoration weir� means one or more structures that are constructed:

�� (A) For the purpose of delaying or slowing, but not preventing, streamflow to promote restoration of stream and habitat conditions;

�� (B) Such that the structures do not store or appropriate water in a manner that would require a permit from the Water Resources Department;

�� (C) To be no larger than necessary to cause overbank flooding onto the lands constituting the ancient floodplain during ordinary periods of high streamflow; and

�� (D) From wood, earth, dirt, rock or other natural materials.

�� (c) �Healthy native migratory fish population� means a population of native migratory fish that, as determined by the State Department of Fish and Wildlife:

�� (A) Demonstrates appropriate life stages throughout the year; and

�� (B) Reproduces at sufficient levels to be a self-sustaining population into the foreseeable future.

�� (d) �Incised or eroded stream� means a stream that has been scoured by erosion to the extent that the channel bed elevation has lowered relative to its ancient floodplain and the stream has lost connectivity with the ancient floodplain, as characterized by:

�� (A) The loss of natural wetland, riparian or meadow conditions in the adjacent surfaces;

�� (B) The absence of overbank flooding or deposition during ordinary periods of high streamflow;

�� (C) The loss of diversity of fish or other species; or

�� (D) The presence of invasive dry land species that have encroached from adjacent uplands, including but not limited to sagebrush, bunch grass, juniper and pine.

�� (e) �Native migratory fish� has the meaning given that term in ORS 509.580.

�� (f) �Qualifying stream� means an incised or eroded stream, a designated reach of an incised or eroded stream or a designated set of adjacent reaches of an incised or eroded stream that, prior to commencement of a project authorized pursuant to subsection (2) of this section:

�� (A) Has an estimated median monthly natural streamflow of less than one cubic foot per second during at least two months of the year;

�� (B) Has not had a healthy native migratory fish population for at least three years prior to the time of authorization; and

�� (C) Is incised or eroded to the extent that the channel bed elevation has lowered by two feet or more relative to the elevation of the ancient floodplain.

�� (g) �Reach� means a section of a stream that is similar in flow topography and habitat characteristics and is between 50 and 500 feet in length.

�� (h) �Summit of the Cascade Mountains� has the meaning given that term in ORS 321.805.

�� (2) The State Department of Fish and Wildlife shall adopt by rule and administer a program for authorizing voluntary projects for stream restoration and habitat improvement through the construction of environmental restoration weirs. The department may only authorize a project under the program if:

�� (a) The project involves construction of environmental restoration weirs on one or more qualifying streams located in any closed basin:

�� (A) From which water does not flow to the Pacific Ocean; and

�� (B) That is located east of the summit of the Cascade Mountains;

�� (b) Construction of the environmental restoration weirs will be completed no later than July 1, 2031; and

�� (c) The project complies with local floodplain regulations if the project is located within an area subject to floodplain management.

�� (3) Rules adopted under subsection (2) of this section shall identify criteria for evaluating voluntary projects undertaken pursuant to the program.

�� (4) If the department determines that native migratory fish are present in a qualifying stream prior to the date of construction of environmental restoration weirs, the person engaging in the proposed voluntary project shall provide fish passage pursuant to ORS 509.585.

�� (5)(a) If the department determines that native migratory fish are not present in a qualifying stream prior to the date of construction of environmental restoration weirs, the person engaging in the proposed voluntary project is exempt from meeting the requirements of ORS 509.585.

�� (b) If, after construction of environmental restoration weirs, the department determines that native migratory fish have returned to the qualifying stream, the department may require the person engaging in the authorized voluntary restoration project to:

�� (A) Provide fish passage that:

�� (i) Is economically practicable to the person engaging in the voluntary restoration project; and

�� (ii) Can be constructed from locally available natural materials; or

�� (B) Provide mitigation that, as determined by the department, provides a net benefit to native migratory fish.

�� (6) For a period of up to 10 years after construction of the environmental restoration weirs is complete, the department:

�� (a) Shall require the person that engaged in an authorized voluntary project to maintain the environmental restoration weirs for their stream restoration and habitat improvement values;

�� (b) May require the person to engage in photo monitoring of the environmental restoration weirs; and

�� (c) May, subject to subsection (9) of this section, require the person to allow a third party to engage in monitoring of the environmental restoration weirs.

�� (7) The department shall, in coordination with the Water Resources Department, require the person to modify the environmental restoration weirs if the environmental restoration weirs are found:

�� (a) By the Water Resources Department to result in injury to an existing water right; or

�� (b) By the State Department of Fish and Wildlife to be having a significant detrimental impact on native migratory fish.

�� (8)(a) Before authorizing a proposed voluntary project, the State Department of Fish and Wildlife shall coordinate with the Department of Transportation to consider any potential impacts of the project on transportation infrastructure or planned transportation infrastructure, including but not limited to potential impacts on roads, culverts and bridges.

�� (b) The State Department of Fish and Wildlife, in coordination with the Department of Transportation, may at any time require the person engaging in the authorized voluntary restoration project to modify environmental restoration weirs if the environmental restoration weirs are found to adversely impact transportation infrastructure or planned transportation infrastructure.

�� (9) If the State Department of Fish and Wildlife requires third-party monitoring of environmental restoration weirs under subsection (6)(c) of this section:

�� (a) The third party must be chosen through mutual agreement between the person engaging in the voluntary restoration project and the department;

�� (b) The person engaging in the voluntary restoration project may not unreasonably withhold consent for the third party to engage in monitoring;

�� (c) The third-party monitoring may not result in a financial cost to the person engaging in the voluntary restoration project; and

�� (d) The third party engaging in the monitoring must be covered by sufficient liability and casualty insurance.

�� (10) Planting or removal of brush and trees from stream banks and riparian areas as part of an authorized voluntary project are not subject to riparian management requirements established under the Oregon Forest Practices Act.

�� (11) Nothing in this section creates any new requirement or exemption with respect to obtaining a permit or certificate to use, store or appropriate water. [2021 c.63 �3]

�� Note: See note under 496.264.

�� Note: Sections 7 and 8, chapter 63, Oregon Laws 2021, provide:

�� Sec. 7. The State Department of Fish and Wildlife shall adopt rules under section 3 of this 2021 Act [496.266] in time for the rules to become operative no later than one year after the effective date of this 2021 Act [May 21, 2021]. [2021 c.63 �7]

�� Sec. 8. (1) No later than December 31, 2027, the State Department of Fish and Wildlife shall submit a report, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to environment and natural resources that provides information summarizing the extent to which voluntary projects have been commenced and completed under the program established by the department pursuant to section 3 of this 2021 Act [496.266], and any known preliminary impacts of the voluntary projects.

�� (2) No later than September 15, 2032, the State Department of Fish and Wildlife shall submit a report, in the manner provided by ORS 192.245, to the interim committees of the Legislative Assembly related to environment and natural resources on voluntary projects authorized under the program established by the department pursuant to section 3 of this 2021 Act. The report shall include:

�� (a) Assessments of the conditions of qualifying streams affected by authorized voluntary projects, which assess stream conditions prior to construction of environmental restoration weirs as well as after construction of environmental restoration weirs; and

�� (b) Recommendations, which may include recommendations for legislation, regarding potential amendment of section 3 (2) of this 2021 Act to allow the department to authorize voluntary projects in which construction of environmental restoration weirs will commence on or after January 2, 2036. [2021 c.63 �8]

�� 496.268 Fish and Wildlife Natural Climate Solutions Fund. (1) The Fish and Wildlife Natural Climate Solutions Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Fish and Wildlife Natural Climate Solutions Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Department of Fish and Wildlife to:

�� (a) Carry out the provisions of ORS 468A.189 (5); and

�� (b) For the administrative expenses of the department in implementing ORS 468A.189, except that no more than 10 percent of moneys may be used for administrative expenses.

�� (2) The Fish and Wildlife Natural Climate Solutions Fund consists of moneys transferred to the fund under ORS 468A.187. [2023 c.442 �67]

�� Note: 496.268 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 496.270 Immunity from liability for damages resulting from habitat or water quality improvement project; exceptions. (1) The Legislative Assembly declares that it is the policy of the State of Oregon to encourage operators, timber owners and landowners to voluntarily improve fish and wildlife habitat. In order to carry out this policy, the Legislative Assembly encourages cooperation among operators, timber owners and landowners and other volunteers.

�� (2) Consistent with the limitations of ORS 105.672 to 105.696, a landowner is not liable in contract or tort for any personal injury, death or property damage that arises out of the use of the land by:

�� (a) A volunteer conducting a fish and wildlife habitat improvement project; or

�� (b) A participant of a state-funded or federally funded watershed or stream restoration or enhancement program.

�� (3) An operator, timber owner or landowner shall not be held liable for any damages resulting from:

�� (a) A fish and wildlife habitat improvement project done in cooperation and consultation with the State Department of Fish and Wildlife or the Oregon Watershed Enhancement Board, or conducted as part of a forest management practice in accordance with ORS 527.610 to 527.770, 527.990 and 527.992; or

�� (b) Leaving large woody debris within the waters of this state to protect, retain and recruit large woody debris for the purposes of fish habitat and water quality improvement.

�� (4) The limitations to liability provided by subsections (2) and (3) of this section do not apply if the damages, injury or death was caused by willful, wanton or intentional conduct on the part of the operator, timber owner or landowner or by the gross negligence of the operator, timber owner or landowner. As used in this subsection �gross negligence� means negligence which is materially greater than the mere absence of reasonable care under the circumstances, and which is characterized by indifference to or reckless disregard of the rights of others.

�� (5) The limitation on liability provided by subsection (3) of this section does not apply to claims for death or personal injuries. [1993 c.701 �2; 1997 c.207 �1; 1999 c.863 �3]

�� Note: 496.270 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 496.272 Wildlife Corridor Action Plan. (1) The State Department of Fish and Wildlife shall collect, analyze and develop the best available science and data regarding the connectivity of wildlife habitat areas. The State Department of Fish and Wildlife, in cooperation with the Department of Transportation, shall use the data to develop a plan, to be known as the Wildlife Corridor Action Plan, to preserve long-term habitat connectivity for wildlife as defined in ORS 496.004. The plan shall provide guidance for all state agencies to develop benchmarks for the designation and protection of wildlife corridors in Oregon.

�� (2) The Wildlife Corridor Action Plan shall, at a minimum, include:

�� (a) Identification of species of concern that are at risk from habitat fragmentation or barriers to species movement.

�� (b) Identification of the known migration and dispersal corridors for species identified under paragraph (a) of this subsection.

�� (c) A description of the potential effects of climate change on the movement of species identified under paragraph (a) of this subsection.

�� (d) Identification of known and potential human-caused barriers in Oregon that negatively affect wildlife habitat connectivity.

�� (e) A contemporary map showing existing and potential wildlife corridors and core high quality habitat areas.

�� (f) A list of areas for which designation of wildlife corridors, land acquisition or other agency actions are of high priority to protect wildlife movement or habitat connectivity. The bases for identification of the high priority areas shall include but not be limited to a designation of a species by the federal government or the State Fish and Wildlife Commission as an endangered species or threatened species.

�� (3) The State Department of Fish and Wildlife shall review and update the Wildlife Corridor Action Plan every five years. Prior to final adoption of the plan or of a plan update the department shall:

�� (a) Post the plan or update on the department website and provide an opportunity for public comment; and

�� (b) Deliver a copy of the plan or update to Senate and House interim or regular committees relating to natural resources.

�� (4) Prior to final adoption of a proposed update, the State Department of Fish and Wildlife shall prepare a report on implementation of the update, including but not limited to information concerning changes in the number of high priority wildlife corridors established or planned. The State Department of Fish and Wildlife shall post the report on the department website and deliver the report to Senate and House interim or regular committees relating to natural resources. [2019 c.272 �1]

�� Note: 496.272 and 496.273 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 496.273 Agency assistance and advice regarding plan. All agencies of state government, as defined in ORS 174.111, are directed to assist and advise the State Department of Fish and Wildlife in the development of the Wildlife Corridor Action Plan and in the five-year reviews of the plan required under ORS 496.272. [2019 c.272 �2]

�� Note: See note under 496.272.

�� 496.274 Wildlife mobility and habitat connectivity. (1) Contingent on available funding, the State Department of Fish and Wildlife shall undertake or plan to undertake projects to support wildlife mobility and habitat connectivity within priority areas identified in the Oregon Connectivity Assessment and Mapping Project.

�� (2) In carrying out this section, the department shall consider opportunities to secure competitive federal grants, and other matching funds, for relevant projects. [2025 c.42 �7]

�� Note: 496.274 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

FISH RESOURCE PROTECTION, RESTORATION AND ENHANCEMENT

(Salmon)

�� 496.275 Salmon resource protection and restoration; review of public and private production facilities; approval of production facilities by department. (1) The Legislative Assembly hereby declares the necessity to review all options and means for the protection and restoration of Oregon�s salmon resource that promote local economic development and enjoyment by all the citizens of Oregon. Options and means shall include operation of salmon production facilities, in cooperation with the State Department of Fish and Wildlife, by both public and private nonprofit agencies as well as by public local partnerships, to meet local production and harvest needs as well as to help restore and maintain natural salmon spawning populations. Such cooperative production projects shall be operated using scientifically sound hatchery practices and shall be consistent with objectives to protect and restore natural fish production.

�� (2) The State Department of Fish and Wildlife shall:

�� (a) Review and revise existing state administrative rules so that the different forms of hatchery production are recognized as a necessary and critical element in the state�s salmon production system in order to provide harvest opportunities for Oregon�s citizens. In so doing, the department shall identify low natural production areas and, using genetically compatible stocks approved by the department, encourage volunteer efforts such as the salmon and trout enhancement program to maintain and to enhance production.

�� (b) Identify existing private and public salmon production facilities that are currently either underutilized or subject to decommissioning and that may be appropriate for other forms of operation.

�� (c) Inventory other appropriate local sites, identify possible types of production facilities, recommend stock selection and release size, and assist in securing the acquisition of brood stock approved by the department that maximizes local production.

�� (d) Investigate and implement ways to improve hatchery smolt survival and reduce predation by such means as night releases, net pen acclimation, alternate release sites, volitional and other release strategies, transport and other means that may be effective and consistent with the conservation of native salmon and genetic resources.

�� (e) Make recommendations on methods by which operations of facilities referred to in this subsection and subsection (3) of this section can generate revenue for sustainable production, including but not limited to state bonding, license surcharges, ad valorem taxes, local economic development funds, service districts, sale of excess eggs and salmon, and gifts, grants and donations.

�� (f) Identify needed monitoring and evaluation activities to ensure protection of natural spawning fish populations and to assess the contribution of such cooperative projects to public fisheries.

�� (g) Assist in developing, for department approval, plans of operation for such cooperative hatchery projects consistent with applicable rules and standards of sound, scientific fish management practice.

�� (3) The department shall encourage and assist in planning hatchery facilities that seek to implement innovative plans or programs designed to meet production for harvest needs consistent with conservation objectives.

�� (4) The State Fish and Wildlife Commission shall approve, prior to implementation, operational plans for any fish propagation facilities operated by contractor agreement with other state or federal agencies, local governments, special districts and nonprofit organizations. [1995 c.469 ��2,3,4; 2007 c.71 �169]

(All Fisheries)

�� 496.280 Findings. The Legislative Assembly finds, in the interest of all Oregonians, a necessity to improve Oregon�s fishery resource through the further involvement of its citizens and through support by additional financial revenues. [1989 c.512 �2]

�� Note: 496.280 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 496 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 496.283 Use of certain moneys; limitations on expenditures. (1) Notwithstanding ORS 506.306, all moneys received by the State Fish and Wildlife Commission pursuant to ORS 497.126, 508.288 and

ORS 604.056

604.056. [1967 c.368 �3; 1981 c.248 �17]

�� 599.275 Cattle and hogs in market zone to be kept in clean, disinfected and segregated pens. All dairy cattle over six months of age, except steers, spayed females and dairy cattle which by reason of age, disease or other conditions will be purchased for slaughter purposes, and all hogs entering the market zone of a livestock auction market shall be placed and retained, before and after sale, in clean, disinfected and segregated pens kept solely for that purpose. [1953 c.677 �8; 1957 c.390 �14; 1969 c.33 �1]

�� 599.280 [Repealed by 1953 c.677 �22]

�� 599.285 Floors in pens; drainage; cleaning pens, alleyways and equipment. All pens used in livestock auction markets for holding dairy cattle and hogs and all alleyways between such pens shall be floored with concrete or some other impervious material. All such pens and alleys shall be sloped or otherwise constructed to permit adequate drainage. Such pens and alleyways and also fences, food racks and watering troughs shall be constructed so as to allow proper cleaning and sanitation. All such pens, alleyways, fences, food racks and watering troughs or other equipment shall be cleaned and disinfected after each sale or, in the case of a continuous sale, as often as may be prescribed by the State Department of Agriculture. [1953 c.677 �9]

�� 599.290 [Repealed by 1953 c.677 �22]

�� 599.295 Pens for diseased animals. (1) The licensee shall provide separate pens of suitable size which shall be designated as quarantine pens which shall be floored with concrete or some other impervious material and constructed so as to allow for efficient drainage and cleaning. These pens shall be used for all animals coming into the market zone which are found to be infected with brucellosis or other contagious, infectious or communicable diseases. These pens shall be used only for the detention of diseased animals and shall be constructed and maintained in accordance with the regulations of the State Department of Agriculture.

�� (2) The fact that an animal is placed in a quarantine pen under subsection (1) of this section does not entitle the owner to be paid indemnity for the animal; but this subsection is not intended to affect the payment of indemnity where the owner is entitled to indemnity payments as otherwise provided by law. [1953 c.677 �10; 1957 c.390 �3]

�� 599.300 [Repealed by 1953 c.677 �22]

�� 599.305 Pens and facilities for handling, testing, treating or examining livestock. Each licensee shall provide pens with suitable catching chutes and other facilities for testing, treating, examining, or handling livestock in accordance with the regulations of the State Department of Agriculture. [1953 c.677 �11; 1967 c.368 �2]

�� 599.310 [Repealed by 1953 c.677 �22]

�� 599.315 Regulation by department of testing, treating and examining of livestock. The State Department of Agriculture may require such testing, treating and examining of livestock sold, traded, exchanged or handled at or through livestock auction markets as in its judgment may be necessary to prevent the spread of brucellosis, tuberculosis or paratuberculosis, hog cholera and other infectious, contagious or communicable diseases among the livestock of this state. [1953 c.677 �12; 1957 c.390 �4; 1959 c.63 �6]

�� 599.320 [Repealed by 1953 c.677 �22]

�� 599.325 [1953 c.677 �14; repealed by 1957 c.390 �23]

�� 599.330 [Repealed by 1953 c.677 �22]

�� 599.335 Employment of veterinarian by licensee; authority; revocation of market operator�s license for failing to correct insanitary conditions. (1) The licensee shall employ a veterinarian to perform all tests and make all examinations of animals required to be performed, carried out or made by the provisions of this chapter or the regulations promulgated thereunder.

�� (2) Every assistant state veterinarian shall have authority and responsibility for the direction and control of the sanitary practices at such livestock auction market. The veterinarian shall notify in writing the licensee or managing agent of the licensee of insanitary conditions or practices. If the improper conditions or practices are not corrected in the time specified, the State Department of Agriculture shall take appropriate steps to revoke the market operator�s license.

�� (3) If in the event of an emergency situation any licensee is unable to procure the services of a veterinarian under subsection (1) of this section, the licensee may apply to the department, and the department may furnish a person the department deems qualified to make the examinations required at a livestock auction market. In the event the services of such qualified person are utilized, and the person determines any animal shows any abnormality or sign of ill health, such person at once shall contact an assistant state veterinarian or deputy state veterinarian for further examinations. The licensee shall reimburse the department for the actual expenses incurred by the qualified person and the assistant state veterinarian or deputy state veterinarian for the further examinations. All animals determined by the qualified person to require further examinations by a veterinarian shall be detained in the pens described in ORS

ORS 607.992

607.992�� Penalties

GENERAL PROVISIONS

�� 607.005 Definitions. As used in this chapter:

�� (1) �Class of livestock� means a class, species, genus or sex of livestock, including a class, species or genus of neutered livestock.

�� (2) �Department� means the State Department of Agriculture.

�� (3) �Federal land� means a tract of land containing 25,000 acres or more owned or administered by, or under the jurisdiction of, the United States and not subject to the laws of this state.

�� (4) �Livestock� means animals of the bovine species, horses, mules, asses, sheep, goats and swine.

�� (5) �Livestock district� means an area wherein it is unlawful for livestock or a class of livestock to run at large.

�� (6) �Open range� means an area wherein livestock may lawfully be permitted to run at large. [Amended by 1957 c.604 �2; part derived from 1957 c.604 ��17,28; 1971 c.647 �132; 1981 c.413 �5; 1983 c.83 �107]

�� 607.007 �Adequate fence,� �estray animal,� �taking up� defined. As used in this chapter, unless the context requires otherwise:

�� (1) �Adequate fence� means a continuous barrier consisting of natural barriers, structures, masonry, rails, poles, planks, wire or the combination thereof, installed and maintained in a condition so as to form a continuous guard and defense against the ingress or egress of cattle or equines into or from the lands enclosed by the barrier. Natural barriers may include hedges, ditches, rivers, streams, ponds or lakes.

�� (2) �Estray animal� means:

�� (a) Cattle, bison or equines that are unlawfully running at large or being permitted to do so; or

�� (b) Cattle or equines that are found to be trespassing on land enclosed by an adequate fence.

�� (3) �Taking up� means the intentional exertion of control over an estray animal, including but not limited to the restriction of movement, holding under herd, feeding, pasturing or sheltering of the animal. [1971 c.579 �2; 2005 c.22 �411; 2009 c.336 �1; 2013 c.312 �4]

LIVESTOCK DISTRICTS

�� 607.008 Incorporated cities are livestock districts. All incorporated cities are livestock districts. [1957 c.604 �3]

�� 607.010 [Amended by 1957 c.604 �4; repealed by 2019 c.450 �9]

�� 607.012 [1957 c.604 �5; repealed by 2019 c.450 �9]

�� 607.013 [1957 c.604 ��6,7; repealed by 2019 c.450 �9]

�� 607.015 [Amended by 1957 c.604 �8; 1971 c.647 �133; 1975 c.647 �50; 1983 c.350 �317; repealed by 2019 c.450 �9]

�� 607.018 Livestock district creation or annexation. (1) A landowner who desires to create a livestock district, or to annex property to an existing livestock district, may apply to the county governing body for formation of, or annexation to, the district. The request shall be filed with the county clerk of the county where the land proposed for inclusion in the district is located. If the application is for the formation of a livestock district, the application shall set forth the name by which the proposed district is to be designated, and shall describe the boundaries of the proposed district. If the application is for annexation to an existing district, the application shall state the name of the district, the location of the district and the location of the land proposed for annexation to the district.

�� (2) The governing body, or a hearings officer designated by the governing body, shall schedule a public hearing regarding the request. The hearing must be held not less than 30 or more than 90 days after receipt of the application.

�� (3) The county clerk shall send notice by certified mail to the applicant and to:

�� (a) Owners of record, as shown on the most recent property tax assessment roll, of property:

�� (A) Located within the proposed or existing district;

�� (B) Proposed for annexation to an existing district; or

�� (C) Located within 500 feet of the boundaries of a proposed district or area proposed for annexation to an existing district; and

�� (b) Any neighborhood or community organization recognized by the governing body and having boundaries within the proposed livestock district.

�� (4) The notice mailed by the county clerk shall:

�� (a) Explain the nature of the application and identify what livestock or class of livestock are or would be permitted to run at large within the livestock district, including any age or breed limitations;

�� (b) Clearly identify the location of the proposed or existing district, and the location of any area proposed for annexation to an existing district, including both legal and commonly employed geographical references;

�� (c) State the date, time and location of the hearing;

�� (d) Include the name of a county government representative to contact and the telephone number where additional information may be obtained;

�� (e) State that a copy of the application and all documents and exhibits submitted by or on behalf of the applicant are available for inspection at no cost and will be provided at reasonable cost;

�� (f) If county staff has prepared or is preparing a report regarding the proposed livestock district or annexation, state that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and that copies of the report will be available at reasonable cost; and

�� (g) Include a general explanation of the requirements for submission of testimony and the procedure for conduct of the hearing.

�� (5) The county clerk shall mail notice under subsection (3) of this section at least 20 days before the hearing date.

�� (6) The county clerk shall publish a notice of the hearing in the newspaper having the largest general circulation in the county. If the application is for formation of a livestock district, the notice shall be headed: �Notice of the Proposed Formation of __ Livestock District, _ County,� stating the name of the proposed district and the name of the county. If the application is for annexation to an existing livestock district, the notice shall be headed: �Notice of the Proposed Annexation to Livestock District, ___ County,� stating the name of the existing district and the name of the county. The notice shall:

�� (a) State the time and place of the hearing on the matter of formation of, or annexation to, the district;

�� (c) Explain the nature of the application and identify what livestock or class of livestock are or would be permitted to run at large within the livestock district, including any age or breed limitations.

�� (7) The notice required by subsection (6) of this section shall be published once a week for two successive weeks prior to the time fixed for the hearing. A copy of the published notice shall be forwarded to the State Department of Agriculture by certified mail.

�� (8) The applicant for formation of, or annexation to, the livestock district shall provide the county governing body or hearings officer with copies of all documents and exhibits that the applicant intends to introduce at hearing in support of the application. The county governing body or hearings officer shall establish the deadline for applicant submission of the documents and exhibits, which may not be later than seven days before the hearing date. The county clerk shall make documents and exhibits submitted under this section available for inspection by the public at no cost and provide copies at reasonable cost.

�� (9) Any staff report used at the hearing shall be available at least seven days prior to the hearing.

�� (10) If documents or exhibits are provided in opposition to formation of, or annexation to, the livestock district, the county governing body or hearings officer may allow a continuance or leave the record open to allow the applicant a reasonable opportunity to respond. [2019 c.450 �2]

�� 607.020 [Amended by 1957 c.604 �9; 1977 c.308 �1; 1983 c.83 �108; 1995 c.268 �1; repealed by 2019 c.450 �9]

�� 607.021 Livestock district characteristics. (1) A livestock district must contain at least 2,000 acres.

�� (2) A livestock district may not cross the boundaries of a county. Except as provided in subsection (3) of this section, the boundaries of a livestock district must follow subdivision lines of sections, section lines, township lines, donation land claim boundaries or lines, lakes, rivers, the boundary line of this state, public roads or county boundary lines.

�� (3) The boundary of an established livestock district may be used as a boundary for a proposed livestock district if the districts are adjacent to each other and will have a common boundary line.

�� (4) An area may be annexed to an existing livestock district only if the annexed area is contiguous with the livestock district and the district boundaries after annexation will meet the requirements in subsection (2) of this section. [2019 c.450 �3]

�� 607.024 Action on livestock district application. (1) No later than 30 days after closing of the record for a hearing under ORS

ORS 608.015

608.015, 608.310 to 608.400, 608.510 and 608.990. [1999 c.625 �1]

�� Note: 607.055 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 607 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

BISON

�� 607.080 Bison at large in livestock district prohibited. Notwithstanding the contents of any livestock district application described in ORS 607.018, an owner or possessor of bison or bison hybrids may not permit the bison or bison hybrids to run at large. [2013 c.312 �3; 2019 c.450 �8]

�� 607.085 Civil liability for bison running at large on land. A person is liable to the owner or lawful possessor of land for resulting economic damages if:

�� (1) The person permits bison to run at large upon the land; or

�� (2) Bison for which the person is the owner or possessor are running at large or uncontrolled upon the land. [2013 c.312 �2]

�� 607.105 [Repealed by 1957 c.604 �41]

�� 607.110 [Repealed by 1957 c.604 �41]

�� 607.115 [Repealed by 1957 c.604 �41]

�� 607.120 [Repealed by 1957 c.604 �41]

�� 607.125 [Repealed by 1957 c.604 �41]

�� 607.130 [Repealed by 1957 c.604 �41]

�� 607.135 [Repealed by 1957 c.604 �41]

�� 607.140 [Repealed by 1957 c.604 �41]

�� 607.205 [Repealed by 1957 c.604 �41]

�� 607.210 [Repealed by 1957 c.604 �41]

�� 607.215 [Repealed by 1957 c.604 �41]

�� 607.220 [Repealed by 1957 c.604 �41]

�� 607.225 [Repealed by 1957 c.604 �41]

�� 607.230 [Repealed by 1957 c.604 �41]

�� 607.235 [Repealed by 1957 c.604 �41]

�� 607.240 [Repealed by 1957 c.604 �41]

�� 607.245 [Repealed by 1957 c.604 �41]

�� 607.250 [Repealed by 1957 c.604 �41]

�� 607.255 [Repealed by 1957 c.604 �41]

�� 607.260 [Repealed by 1957 c.604 �41]

STOCK RUNNING AT LARGE ON OPEN RANGE

�� 607.261 Stock running at large on open range. (1) No person shall turn upon, or allow to run upon, the open range, any bull other than a purebred bull of a recognized beef breed. The State Department of Agriculture shall by regulation define �purebred bull of a recognized beef breed.� No person shall turn upon, or allow to run upon, the open range, any female breeding cattle unless the person turns with such female breeding cattle one purebred bull of a recognized beef breed for every 25 females or fraction thereof of 10 or over.

�� (2) No owner of any stallion or jackass, of the age of 18 months or more, shall permit it to run upon the open range during the period April 1 to October 31 of each year. No owner of any ram shall permit it to run at large upon the open range during the period July 1 to October 31 of each year. [1957 c.604 �18]

ESTRAY ANIMALS; INTERFERING WITH ANIMALS

�� 607.300 Determining adequacy of fences; rules; fees. If cattle or equines break through a fence on the open range and a determination of the adequacy of the fence is necessary in order to determine whether the cattle or equines are estray animals, the State Department of Agriculture shall make the determination of the adequacy of the fence and shall consider, among other things, the customs and practices of good animal husbandry in the particular area with reference to fences. The department may adopt rules establishing fees for determining the adequacy of a fence. Fees must be reasonably calculated to compensate the department for the costs of the determination. [1971 c.579 �3; 2009 c.336 �2]

�� 607.301 [1953 c.367 �1; 1957 c.604 �19; repealed by 1971 c.579 �9]

�� 607.303 Owner or lessee of property taking up estray animal; notice to owner and department. (1) A person who finds an estray animal unlawfully being permitted to run at large upon the premises of the person, or premises of which the person has lawful possession or control, may take up the animal if the owner of the animal is known to the person.

�� (2) A person taking up an animal shall within five days give notice of the taking up by certified or registered mail addressed to the owner or person having control of the animal. The notice shall:

�� (a) Contain a concise description of the animal, including marks and brands, if any.

�� (b) State that the animal will be released to and sold by the State Department of Agriculture as an estray animal unless redeemed before sale.

�� (c) State the date of taking up the animal and that the department may sell an unclaimed animal not less than 30 days and not more than 45 days after the date of taking up the animal.

�� (3) A person taking up an animal shall, no later than five days after giving the notice provided in subsection (2) of this section, forward a copy of the notice to the department or give a copy of the notice to a brand inspector or other agent of the department. [1957 c.604 �24; 2009 c.336 �3]

�� 607.304 Delivery of estray animal to department or owner; payment of costs to person taking up animal; arbitration of costs; fee. (1) If the owner of an estray animal does not appear in response to the notice given under ORS 607.303 (2), the person taking up the animal shall deliver the animal to the State Department of Agriculture, at a place designated by the department, at least 48 hours in advance of the date of sale. The time of sale may not be less than 30 days and not more than 45 days after the date of taking up the animal. The State Department of Agriculture shall sell the animal in accordance with ORS 607.328.

�� (2) If the owner of the animal does appear, the person taking up the animal shall deliver the animal to the owner or agent if the owner pays to the person, before the date of sale:

�� (a) The cost of taking up the animal;

�� (b) The cost of giving notice;

�� (c) The cost of keeping the animal; and

�� (d) The cost of repairing any damage done by the animal to the property of the person.

�� (3) The person taking up the animal, upon delivering the animal to the owner, shall notify the department of the delivery.

�� (4) If the owner is unable to agree with the person taking up the animal as to the amount of the costs payable to the person, no later than five days after the owner is advised of the amount of the payable costs, the owner shall:

�� (a) Pay an arbitration fee of $150 to the department; and

�� (b) Give written notice to the department and the person taking up the animal that the owner disagrees with the amount of the costs, desires arbitration of the disagreement and desires that the department furnish a list of arbitrators.

�� (5) Upon receiving the notice of the owner described in subsection (4) of this section, the department shall furnish to the owner and the person taking up the animal the names of five arbitrators selected from the list of qualified persons maintained in accordance with subsection (10) of this section. No later than five days after receiving the list of arbitrators, the owner shall give written notice to the department and the person taking up the animal of the name of the arbitrator appointed by the owner from the list. No later than five days after receiving the list of arbitrators, the person taking up the animal shall give written notice to the department and to the owner of the name of the arbitrator appointed by the person from the list.

�� (6) Upon receiving the notices of appointment of arbitrators, as provided in subsection (5) of this section, the department shall give written notice to each appointed arbitrator of the arbitrator�s appointment.

�� (7) Upon receiving notice as provided in subsection (6) of this section, each of the two arbitrators shall notify the department in writing whether the arbitrator accepts the appointment. Upon acceptance of appointment by an arbitrator appointed by the owner and an arbitrator appointed by the person taking up the animal, the department shall appoint a third arbitrator. An acceptance of appointment by the third arbitrator must be in writing. The department shall pay each appointed arbitrator $50 from the money paid to the department under subsection (4) of this section for arbitration services. The three arbitrators shall act as a board of arbitration and may hear witnesses, take testimony, inspect documents, the animal and premises and may issue a decision as to the amount allowable as costs. The decision shall be by majority vote and conclusive as to the owner and person taking up the animal upon receipt of the decision by the department. Written notice of the decision shall be given to the department, the owner and the person taking up the animal no later than 30 days after the appointment of the third arbitrator.

�� (8)(a) If the owner gives the notice to the department and the person taking up the animal that the owner disagrees with the amount of the costs, but does not indicate in the notice a desire to arbitrate or a desire to have a list of arbitrators furnished to the owner, the owner�s right to arbitration is waived and the person taking up the animal shall deliver the animal to the department at a place designated by the department. The department shall then sell the animal in accordance with ORS 607.328.

�� (b) If the person taking up the animal fails to give a notice of appointment required under subsection (5) of this section, the person waives the right to arbitration and the animal may not be sold. The owner shall be entitled to the immediate possession of the animal without payment of any of the costs described in subsection (2) of this section.

�� (9) At any time during the arbitration provided for in this section, the owner of the animal may give written notice to the department and the person taking up the animal of the owner�s desire to regain immediate possession and custody of the animal. If the owner gives such notice, and at the same time deposits with the department a cash deposit in an amount equal to the accrued costs claimed by the person taking up the animal as of the date the notice is given, the animal shall be released to the owner or agent within 48 hours after the giving of notice and cash deposit. The department is authorized to pay the costs determined by the arbitrators under subsection (7) of this section to the person taking up the animal and return the balance, if any, to the owner.

�� (10) The department shall establish and maintain a list of persons qualified by experience and knowledge to act as arbitrators in accordance with subsection (7) of this section. In furnishing the names of five arbitrators, as provided in subsection (5) of this section, the department shall first determine that none of the listed persons:

�� (a) Is related to either the owner or person taking up the animal;

�� (b) Is, or has been, an agent, employee or business associate of the owner or the person taking up the animal; or

�� (c) Has for any reason bias or prejudice toward the owner or the person taking up the animal.

�� (11) If the owner or the person taking up the animal intentionally fails to disclose to the department that any of the five arbitrators on the list provided under subsection (5) of this section does not meet the criteria described in subsection (10) of this section, the department shall upon determining an intentional failure to disclose:

�� (a) Declare the arbitrator disqualified and any arbitration decision previously rendered void and of no effect;

�� (b) Select a person from the department�s list to replace the disqualified arbitrator; and

�� (c) Direct that the arbitration be undertaken with the newly appointed arbitrator as a member of the board of arbitration. [1957 c.604 �25; 1971 c.579 �6; 1975 c.65 �1; 1981 c.413 �1; 2009 c.336 �4]

�� 607.305 [Amended by 1953 c.367 �13; renumbered 607.344]

�� 607.306 [1953 c.367 �2; repealed by 1957 c.604 �41]

�� 607.308 Alternative procedure for person taking up estray animal. A person taking up an estray animal of a known owner, instead of following the procedure established by ORS

ORS 608.310

608.310. This shall be recovered as other penalties are recovered and paid into the State Treasury.

�� (2) If a person neglects or refuses to comply with ORS 608.310 to 608.330, the Attorney General or prosecuting attorney of the proper county may, by mandamus, compel compliance with such sections.

�� (3) The provisions of ORS 608.310 to 608.330 are cumulative to existing remedies. [Amended by 1995 c.733 �47]

�� 608.330 Leaving gate open. (1) No person shall intentionally or negligently leave open or unfastened any farm crossing gate, or let down and leave down any bars of any railroad fence.

�� (2) Justices of the peace have original jurisdiction for violations of this section.

�� 608.340 Liability of railroad for killing or injuring stock. Any person, or the lessee or agent of the person, owning or operating any railroad, is liable for the value of any horses, mules, colts, cows, bulls, calves, hogs or sheep killed, and for reasonable damages for any injury to any such livestock upon or near any unfenced track of any railroad in this state, whenever the killing or injury is caused by any moving train, engine or cars upon such track.

�� 608.350 Fences sufficient to relieve railroad of liability. No railroad track shall be deemed to be fenced within the meaning of ORS 608.340 unless it is guarded by such fence against the entrance thereon of any livestock on either side of the track, and not more than 100 feet from the track. Whatever is a lawful fence in the county where the killing or injury occurs, and no other, shall be deemed a lawful fence under ORS 608.340. However, complete natural defenses against the entrance of stock upon the track, such as natural walls or deep ditches, shall be deemed to be a fence under such section, when it, in connection with other and ordinary lawful fences, forms a continuous guard and defense against the entrance of such livestock upon the track.

�� 608.360 When railroad�s negligence is presumed; contributory negligence and willful intent as defense. In every action for the recovery of the value of any livestock killed, or for damages for injury to any livestock, under ORS 608.340, proof of such killing or injury shall of itself be deemed conclusive evidence in any court of this state of negligence upon the part of the person, or the lessees or agents of the person, owning or operating such railroad. Contributory negligence on the part of the plaintiff in such action may be set up as a defense, but allowing stock to run at large upon common unfenced range or upon enclosed land owned or in possession of the owner of such stock shall not be deemed contributory negligence. In any such action, proof of willful intent on the part of the plaintiff to procure the killing or injury of such stock shall defeat the recovery of any damages for such killing or injury.

�� 608.370 Service of process on agent. In any action authorized by ORS 608.340, service of summons or any other necessary process may be made upon any person, or the lessees or agents of the person, owning or operating any railroad, by personal service upon any authorized agent thereof, residing or stationed in the county where such action is brought.

�� 608.380 Notice of stock injured or killed. Whenever any livestock mentioned in ORS 608.340 is killed or injured by a moving train or engine upon the unfenced railroad track of any railroad in this state, the owner, operator, lessee or agent of the railroad shall immediately notify or cause notice to be given to the sheriff of the county where the accident occurred, and within a reasonable time shall deliver to the sheriff a written description of the livestock so killed or injured, including brands, earmarks and any marks of ownership, and a statement of the condition of or extent and nature of injuries to the livestock.

�� 608.390 Notifying brand inspector. Upon receipt of the information mentioned in ORS 608.380, the sheriff shall immediately notify the nearest brand inspector and deliver the written statement to the inspector.

�� 608.400 Inspection of injured livestock and notice to owner. When notified of the killing or injury of livestock under the circumstances described in ORS 608.380, the brand inspector or sheriff shall go to the scene of the accident, examine any identifying marks and, if the ownership of the livestock is determined, notify the owner. If the owner remains unknown, the sheriff shall cause publication in a county newspaper of a description of the livestock and the facts of the accident.

FENCING AGAINST HOGS

�� 608.510 Fencing against hogs. The owner or occupant of premises is not required to fence against hogs. No owner or person entitled to the possession of a hog shall permit it to run at large or upon the property of another person.

�� 608.520 [Repealed by 1957 c.476 �4]

�� 608.530 [Repealed by 1957 c.476 �4]

�� 608.540 [Repealed by 1957 c.476 �4]

PENALTIES

�� 608.990 Penalties. (1) Violation of ORS 608.330 is a Class C misdemeanor.

�� (2) Violation of ORS 608.380 is a Class A violation.

�� (3) Violation of ORS 608.510 is a Class D violation. [Amended by 1957 c.476 �3; 1999 c.1051 �207; 2011 c.597 �247]

ORS 608.990

608.990�� Penalties

�� 608.010 [Repealed by 1957 c.476 �4]

CIVIL LIABILITY

�� 608.015 Civil liability for animals trespassing on adequately fenced land situated on open range. (1) As used in this section, �open range� means an area wherein livestock may lawfully be permitted to run at large.

�� (2) A person who permits a horse, mule, ass, sheep, goat or animal of the bovine species to trespass on land enclosed by an adequate fence and situated on open range shall be liable to the owner or lawful possessor of the enclosed land for damage done by the animal. The person seeking to recover the damages shall plead and prove that the fence of the person consisted of structures, masonry, hedges, ditches, rails, poles, planks, rivers, streams, ponds, lakes, wire fences, natural or artificial barriers of any kind or any combination thereof. The adequacy of the fence shall be determined by reference to the customs and practices of good husbandry in the particular area with reference to fences. The question of the existence of the fence and the adequacy thereof are questions of fact.

�� (3) Nothing contained in subsection (2) of this section is intended to modify the provisions of ORS 608.310 to 608.400. [1957 c.476 ��1,2; 2013 c.1 �78]

�� 608.020 [Repealed by 1957 c.476 �4]

�� 608.030 [Repealed by 1957 c.476 �4]

�� 608.040 [Repealed by 1957 c.476 �4]

�� 608.050 [Repealed by 1957 c.476 �4]

�� 608.060 [Repealed by 1957 c.476 �4]

�� 608.070 [Repealed by 1957 c.476 �4]

�� 608.080 [Repealed by 1957 c.476 �4]

�� 608.210 [Repealed by 1957 c.476 �4]

�� 608.220 [Repealed by 1957 c.476 �4]

�� 608.230 [Repealed by 1957 c.476 �4]

�� 608.240 [Repealed by 1957 c.476 �4]

�� 608.250 [Repealed by 1957 c.476 �4]

�� 608.260 [Repealed by 1957 c.476 �4]

�� 608.270 [Repealed by 1957 c.476 �4]

FENCES AND CROSSINGS ON RAILROAD RIGHT OF WAY; RAILROAD LIABILITY

�� 608.310 Erecting and maintaining fences, crossings, gates and cattle guards; rules. (1) Every person, or the lessee or agent of the person, owning or operating any railroad, shall erect and maintain good and sufficient lawful fences on both sides of the railroad line, except at the crossings of and upon public roads and highways, within such portions of cities as are or may be laid out and platted in lots and blocks and at railroad station grounds. Such person shall also at the same time erect and maintain necessary farm crossings and gates and sufficient cattle guards at all public crossings.

�� (2) Railroad lines shall be so fenced and farm crossings, gates and cattle guards installed, within three months from the time such lines are put in operation. However, the Department of Transportation may prescribe by rule the number, location and character of farm crossings which may be necessary and the manner in which they shall be constructed so that they are reasonably adequate, safe, sufficient and convenient, but not so as to impair the terms of any contract between the landowner and the railroad or judgment in condemnation relative to such crossings.

�� (3) The Department of Transportation may, by rule, determine and prescribe any other description of fence than that designated as a lawful fence, which shall be constructed and maintained by any such railroad company between the points which are designated in such rule, and may provide for the apportionment of the costs of reconstruction necessitated thereby as between the parties interested.

�� (4) The Department of Transportation by rule may suspend the operation of this section as to any particular portion of any line of railroad. [Amended by 1971 c.655 �248; 1995 c.733 �46; 1997 c.249 �186; 2003 c.576 �524]

�� 608.320 Penalty for railroad refusing or failing to maintain fences, gates and guards. (1) Any person shall forfeit and pay into the State Treasury the sum of $100 for each mile of fence on either side of a railroad, or for each farm crossing, gate or cattle guard which the person fails, neglects or refuses to erect and maintain in violation of ORS

ORS 609.100

609.100, the owner of the dog shall be notified by any person authorized to enforce the wildlife laws. If the owner or reputed owner of the dog disclaims ownership of the dog, the dog may be killed at such time by a person authorized to enforce the wildlife laws.

�� (3) If the owner of a dog has been notified that the dog has been found unlawfully hunting, running or tracking game mammals or game birds and thereafter fails to prevent the dog from unlawfully hunting, running or tracking game mammals or game birds, such dog may be killed by any person authorized to enforce the wildlife laws.

�� (4) No person shall permit any dog the person owns to unlawfully hunt, run or track any game mammal or game bird. [1973 c.723 �84]

�� 498.105 [Repealed by 1973 c.723 �130]

�� 498.106 Competitive field trials for hunting dogs. Competitive field trials for hunting dogs may be held at such times and places and under such conditions as the State Fish and Wildlife Commission may prescribe by rule. [1973 c.723 �85]

�� 498.110 [Amended by 1953 c.157 �2; repealed by 1973 c.723 �130]

�� 498.112 Use of live birds for competitive shooting prohibited. No person shall use any live bird as a target for the purpose of competitive shooting. [1973 c.723 �86]

�� 498.115 [Amended by 1953 c.178 �2; repealed by 1973 c.723 �130]

�� 498.120 Hunting on another�s cultivated or enclosed land. (1) No person shall hunt upon the cultivated or enclosed land of another without first obtaining permission from the owner or lawful occupant thereof, or the agent of such owner or occupant. No prosecution shall be commenced under this section except upon written complaint filed with a magistrate. The complaint shall be verified by the oath of the owner or lawful occupant of the cultivated or enclosed land, or the agent of such owner or occupant.

�� (2) For the purpose of subsection (1) of this section, the boundaries of �enclosed� land may be indicated by wire, ditch, hedge, fence, water or by any visible or distinctive lines that indicate a separation from the surrounding or contiguous territory, and includes the established and posted boundaries of Indian reservations established by treaties of the United States and the various Indian tribes. [Amended by 1959 c.318 �1; 1971 c.580 �1; 1973 c.723 �83]

�� 498.125 [Repealed by 1973 c.723 �130]

�� 498.126 Hunting or assisting others to hunt or locate game animals or birds by aircraft prohibited; exemption; rules. (1) A person may not:

�� (a) Hunt game mammals or game birds from or with the aid of an aircraft.

�� (b) Transmit from an aircraft to a person not in the aircraft information regarding the location of any game mammals or game birds.

�� (c) Otherwise use an aircraft to assist another person in hunting or locating game mammals or game birds for the purpose of hunting.

�� (2) A person may not hunt any game mammal within eight hours after having been transported by aircraft to or from any place other than a recognized airport that the Oregon Department of Aviation has licensed as a public use airport, registered as a personal use airport or specifically exempted from licensing or registration.

�� (3) Every pilot shall maintain a log book that shows the names and addresses of record of the persons transported, point of departure, point of destination, time and date of each flight that the pilot makes in an aircraft within this state to transport a person to or from any place to hunt. The log book is subject to inspection by any person authorized to enforce the wildlife laws.

�� (4)(a) Notwithstanding subsections (1) to (3) of this section, and except as provided in subsection (5) of this section, the State Department of Fish and Wildlife, or its agents, may conduct wildlife management activities necessary for scientific research or, in emergency situations, to protect human safety, wildlife species or property by:

�� (A) Hunting game mammals or game birds from or with the aid of an aircraft; or

�� (B) Transmitting from an aircraft information regarding the location of any game mammal or game bird.

�� (b) The State Fish and Wildlife Commission shall define by rule the terms �emergency situations� and �necessary� for purposes of implementation of this section.

�� (5) If the definition of �game mammal� in ORS 496.004 is modified to include wolves, then the department may conduct wolf management activities under this section only under a statewide wolf management plan adopted by the commission. [1973 c.723 �87; 1987 c.277 �1; 1989 c.448 �1; 1999 c.935 �30; 2003 c.566 �1; 2003 c.762 �1]

�� 498.128 Use of drones for pursuit of wildlife prohibited; rules. (1) The State Fish and Wildlife Commission shall adopt rules prohibiting the use of drones for the following purposes related to the pursuit of wildlife:

�� (a) Angling;

�� (b) Hunting;

�� (c) Trapping;

�� (d) Aiding angling, hunting or trapping through the use of drones to harass, track, locate or scout wildlife; and

�� (e) Interfering in the acts of a person who is lawfully angling, hunting or trapping.

�� (2) Rules adopted to carry out the prohibitions provided for in this section may include exemptions for:

�� (a) Subject to ORS 837.360, the State Department of Fish and Wildlife and the department�s agents and contractors for the use of drones in carrying out the duties of the department; or

�� (b) The use of drones in a manner otherwise prohibited under this section if the purpose of the use is to benefit wildlife management or habitat or for the protection of property.

�� (3) Nothing in this section is meant to limit the use of drones by a person who is lawfully engaging in activities authorized under the commercial fishing laws.

�� (4) As used in this section, �drone� means:

�� (a) An unmanned flying machine;

�� (b) An unmanned water-based vehicle; or

�� (c) Any other vehicle that is able to operate in the air, in or under the water or on land, either remotely or autonomously, and without a human occupant. [2015 c.61 �1; 2016 c.72 �14]

�� Note: 498.128 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 498 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 498.130 [Repealed by 1973 c.723 �130]

�� 498.132 [1953 c.184 �3; repealed by 1973 c.723 �130]

�� 498.135 [Repealed by 1973 c.723 �130]

�� 498.136 Hunting from motor-propelled vehicle restricted; rules. (1) Except as provided in subsection (2) of this section, a person may not hunt wildlife from a motor-propelled vehicle.

�� (2) The State Fish and Wildlife Commission, by rule, may authorize hunting from a motor-propelled vehicle by a person with a disability or for the purpose of alleviating damage by wildlife to other resources.

�� (3)(a) Nothing in the wildlife laws, or rules adopted pursuant thereto, is intended to prohibit the companion of a person with a disability who is lawfully hunting from a motor-propelled vehicle from killing an animal wounded by the person and applying to the animal the tag issued to the person for the taking of the animal, even if the companion has already validated any tag required for the taking of such an animal.

�� (b) For purposes of this subsection, �companion� means a person who does not have a disability. [1973 c.723 �88; 1987 c.292 �1; 1999 c.25 �8; 2007 c.70 �278]

�� 498.140 [Amended by 1955 c.64 �1; 1961 c.122 �1; repealed by 1973 c.723 �130]

�� 498.142 Hunting with artificial light restricted; rules. (1) Except as provided in subsection (2) of this section, no person shall hunt wildlife with the aid of any artificial light.

�� (2) The State Fish and Wildlife Commission, by rule, may authorize hunting with the aid of an artificial light for the purpose of taking raccoon, opossum or bobcat or to alleviate damage by wildlife to other resources. [1973 c.723 �88a; 1977 c.136 �3]

�� 498.145 [Renumbered 498.272]

�� 498.146 Shining artificial light on game mammal, predatory animal or livestock while in or near motor vehicle and while in possession of weapon restricted. (1) No person shall cast from a motor vehicle or from within 500 feet of a motor vehicle an artificial light upon any game mammal, predatory animal or livestock while there is in the possession or in the immediate physical presence of the person a weapon with which the game mammal, predatory animal or livestock could be killed.

�� (2) Subsection (1) of this section does not apply to a person who casts artificial light upon a game mammal, predatory animal or livestock:

�� (a) From the headlights of a motor vehicle that is being operated on a road in the usual manner, if that person makes no attempt to kill the game mammal or livestock; or

�� (b) When the weapon that person has in the possession or immediate physical presence of the person is disassembled or stored, or in the trunk or storage compartment of a motor vehicle; or

�� (c) On land owned or lawfully occupied by that person; or

�� (d) On publicly owned land when that person has an agreement with the public body to use that property.

�� (3) As used in this section, �predatory animal� has the meaning for that term provided in ORS

ORS 65.870

65.870; 2021 c.296 �15]

�� Note: See note under 97.660.

�� 97.680 Recording plan; power to improve and regulate grounds. (1) As used in this section, �plan� means a document indicating the placement of lots or burial spaces, and of the niches or inurnment spaces in the buildings erected thereon, as established and authorized by the cemetery authority.

�� (2) A nonprofit corporation organized and existing solely for the purposes of owning and operating a cemetery or cremating or reducing the bodies of deceased persons and burying and caring for cremated or reduced remains shall cause a plan of its land and grounds and of the lots laid out by it and of the niches or burial space in the buildings erected thereon to be made and recorded in the county in which such grounds and land are located, such lots or spaces to be numbered by regular consecutive numbers. Such corporation may enclose, improve, and adorn the grounds, buildings, and avenues, prescribe rules for the designation, improvement and adorning of lots and burial spaces and for erecting monuments, and prohibit any use, division, improvement or adornment of a lot or burial space which it may deem improper. [Formerly 65.875; 2021 c.296 �16]

�� Note: See note under 97.660.

CEMETERY MANAGEMENT

�� 97.710 Power of cemetery authority to make rules and regulations. (1) The cemetery authority may make and enforce rules and regulations for:

�� (a) The use, care, control, management, restriction and protection of its cemetery;

�� (b) Restricting and limiting the use of all property within its cemetery;

�� (c) Regulating the uniformity, class and kind of all markers, monuments and other structures within its cemetery;

�� (d) Prohibiting the erection of monuments, markers or other structures in or upon any portion of its property;

�� (e) Regulating or preventing the erection of monuments, effigies and structures within any portion of the cemetery grounds and for the removal thereof;

�� (f) Regulating the care or preventing the introduction of plants or shrubs within such grounds;

�� (g) Preventing the interment in any part thereof of a body not entitled to interment therein;

�� (h) Preventing the use of burial plots for purposes violative of its restrictions;

�� (i) Regulating the conduct of persons and preventing improper assemblages therein; and

�� (j) All other purposes deemed necessary by the cemetery authority for the proper conduct of its business and the protection and safeguarding of the premises and the principles, plans and ideals on which the cemetery was organized.

�� (2) The cemetery authority from time to time may amend, add to, revise, change or modify such rules and regulations.

�� (3) Such rules and regulations shall be plainly printed or typewritten and maintained, subject to inspection, in the office of the cemetery authority.

�� 97.720 Record of interments, cremations and reductions; inspection. (1) The person in charge of any premises on which interments, cremations or reductions are made shall keep a record of all remains interred or cremated or reduced on the premises under the person�s charge, in each case stating the name of each deceased person, the date of interment, cremation or reduction, and the name and address of the funeral service practitioner. The interment records shall be open to inspection by survivors of the decedent during the customary office hours of the cemetery authority.

�� (2) A record shall be kept of the ownership of all plots in the cemetery which have been conveyed by the cemetery authority and of all transfers of plots in the cemetery. [Amended by 2021 c.296 �17]

�� 97.725 Disposal of unclaimed burial spaces; notice; form of notice; claims. (1) As used in this section, �unclaimed burial space� means a burial space in a cemetery:

�� (a) That has not been used for purposes of interment for at least 75 years by the record owner of the burial space or by a party claiming through the record owner of the burial space; and

�� (b) For which the cemetery authority has no record of any verbal or written contact for a period of at least 75 years with the record owner of the burial space or with a party claiming through the record owner of the burial space.

�� (2) Notwithstanding ORS 97.630 or 97.810 to 97.920, a cemetery authority may dispose of unclaimed burial spaces as described in subsections (3) to (7) of this section.

�� (3) The cemetery authority shall prepare an inventory describing the unclaimed burial spaces, including the purchase date and record owner of each unclaimed burial space as shown in the records of the cemetery.

�� (4) The governing body of the cemetery authority shall adopt a predisposition resolution approving the inventory prepared under subsection (3) of this section and directing the officers of the cemetery authority to dispose of the unclaimed burial spaces as provided in this section.

�� (5) The cemetery authority shall:

�� (a) Send, by certified mail, return receipt requested, a notice containing a description of the unclaimed burial space and the address and telephone number of the cemetery authority, in substantially the form set forth in subsection (10) of this section, to the last-known address of the record owner of each unclaimed burial space described in the inventory and to the last-known address of any other person who the cemetery authority has reason to believe has an ownership or security interest in any of the unclaimed burial spaces described in the inventory.

�� (b) Post the notice for at least four weeks at the cemetery containing the unclaimed burial spaces in a place reasonably likely to provide notice to owners of the burial spaces.

�� (c) Publish the notice in a newspaper of general circulation in the area of the cemetery authority for at least four successive weeks.

�� (d) Provide notice by telephone and electronic mail, if telephone or electronic mail contact information is available, to the record owner of each unclaimed burial space and to any other person who the cemetery authority has reason to believe has an ownership or security interest in any of the unclaimed burial spaces.

�� (6) If, within 120 days after the date of the notice described in subsection (5) of this section, a person makes a claim with the cemetery presenting documentation that the person is the lawful owner or holds a security interest in an unclaimed burial space described in the inventory, the cemetery authority shall, during the 30 days following the expiration of the 120-day period described in this subsection:

�� (a) Approve the claim and execute an instrument transferring the right of interment in the burial space to the claimant; or

�� (b) Notify the claimant that the cemetery authority denies the claim.

�� (7) If a cemetery authority denies a claim under subsection (6) of this section, the claimant may, within 30 days after the date of the denial, file a petition seeking return of the unclaimed burial space in the circuit court for the county in which the cemetery authority is located. If a petition is filed, the cemetery authority shall hold the unclaimed burial space until the court issues an order directing disposition of the unclaimed burial space. If the court grants the petition, the cemetery authority shall execute an instrument transferring the right of interment in the burial space to the claimant.

�� (8) If, 120 days after the date of the notice described in subsection (5) of this section, no person has made a claim with the cemetery authority with regard to an unclaimed burial space described in the notice, or if the court denies with prejudice a petition filed under subsection (7) of this section, the governing body of the cemetery authority may adopt a resolution declaring the unclaimed burial space to be abandoned. Upon adoption of the resolution, title to an abandoned burial space passes to the cemetery authority free of any right, title, estate, lien or ownership interest held by any other person. The cemetery authority may transfer good and sufficient title to any subsequent purchaser or transferee, and the title shall be recognized by all courts and governmental agencies. Any department, agency or officer of this state or any political subdivision of this state whose official functions include the issuance of certificates or other evidence of title is immune from civil or criminal liability when such issuance is pursuant to a bill of sale issued by the cemetery authority under this section.

�� (9) If, within one year after adoption of a resolution under subsection (8) of this section, a person files a claim with the cemetery authority that presents proof satisfactory to the cemetery authority that the person�s ownership of or security interest in an abandoned burial space was extinguished by the resolution, the cemetery authority shall provide the claimant with a reasonably comparable burial space within 30 days after the claimant makes the claim.

�� (10) The notice required by subsection (5) of this section must be in substantially the following form:

___ (DATE)

�� ___ (name of cemetery authority) has identified the following unclaimed burial spaces in ______ (name of cemetery):

�� ____

(Description of unclaimed burial spaces, including purchase date and record owner)

�� If you have any right, title, estate, lien or ownership interest in any of the unclaimed burial spaces described above, you must file a claim with (name of cemetery authority) within 120 days of the date of this notice or you will lose your interest in the unclaimed burial spaces described above.

[2012 c.33 �2]

�� 97.730 Gifts and bequests in trust for cemeteries. Gifts, grants and bequests of personal property in trust for the purpose of providing perpetual care and maintenance, improvement or embellishment of private burial lots in or outside of cemeteries and of the walks, fences, monuments, structures or tombs thereon, are permitted and shall be deemed to be for perpetual and benevolent uses. They are not invalid by reason of any indefiniteness or uncertainty of the persons designated as beneficiaries in the instrument creating the trust; nor are they invalid as violating any existing laws against perpetuities or suspension of the power of alienation of title to property. But nothing in this section affects any existing authority or cause to pass upon the reasonableness of the amount of such gift, grant or bequest. Any cemetery association may act as trustee of and execute any such trust with respect to lots, walks, fences, monuments, structures or tombs, both within or outside its own cemetery limits, but within the county where such cemetery association has its principal office and place of business, whether such power is otherwise included in its corporate powers or not.

INDIAN GRAVES AND PROTECTED OBJECTS

�� 97.740 Definitions for ORS 97.740 to 97.760. For the purposes of ORS 97.740 to 97.760:

�� (1) �Burial� has the meaning given that term in ORS 358.905.

�� (2) �Funerary object� has the meaning given that term in ORS 358.905.

�� (3) �Human remains� has the meaning given that term in ORS 358.905.

�� (4) �Indian tribe� means any tribe of Indians recognized by the Secretary of the Interior or listed in the Klamath Termination Act, 25 U.S.C. 3564 et seq., or listed in the Western Oregon Indian Termination Act, 25 U.S.C. 3691 et seq., if the traditional cultural area of the tribe includes Oregon lands.

�� (5) �Object of cultural patrimony� has the meaning given that term in ORS 358.905.

�� (6) �Professional archaeologist� means a person who has extensive formal training and experience in systematic, scientific archaeology.

�� (7) �Sacred object� has the meaning given that term in ORS 358.905. [1977 c.647 �1; 1981 c.442 �3; 1985 c.198 �2; 1993 c.459 �9; 1997 c.249 �34]

�� 97.745 Prohibited acts; application; notice. (1) Except as provided in ORS 97.750, no person shall willfully remove, mutilate, deface, injure or destroy any cairn, burial, human remains, funerary object, sacred object or object of cultural patrimony of any native Indian. Persons disturbing native Indian cairns or burials through inadvertence, including by construction, mining, logging or agricultural activity, shall at their own expense reinter the human remains or funerary object under the supervision of the appropriate Indian tribe.

�� (2) Except as authorized by the appropriate Indian tribe, no person shall:

�� (a) Possess any native Indian artifacts, human remains or funerary object having been taken from a native Indian cairn or burial in a manner other than that authorized under ORS 97.750.

�� (b) Publicly display or exhibit any native Indian human remains, funerary object, sacred object or object of cultural patrimony.

�� (c) Sell any native Indian artifacts, human remains or funerary object having been taken from a native Indian cairn or burial or sell any sacred object or object of cultural patrimony.

�� (3) This section does not apply to:

�� (a) The possession or sale of native Indian artifacts discovered in or taken from locations other than native Indian cairns or burials; or

�� (b) Actions taken in the performance of official law enforcement duties.

�� (4) Any discovered human remains suspected to be native Indian shall be reported to the state police, the State Historic Preservation Officer, the appropriate Indian tribe and the Commission on Indian Services. [1977 c.647 �2; 1979 c.420 �1; 1981 c.442 �4; 1985 c.198 �1; 1993 c.459 �10]

�� 97.750 Permitted acts; notice. (1) Any proposed excavation by a professional archaeologist of a native Indian cairn or burial shall be initiated only after prior written notification to the State Historic Preservation Officer and the state police, as defined in ORS

ORS 671.220

671.220.

�� (2) A person may not bring or maintain an action related to the practice of architecture in a court of this state unless the person alleges and proves that at the time the person engaged in the practice of architecture, the person was a registered architect or was a foreign architect acting in compliance with ORS 671.020. An architectural firm may not bring or maintain an action related to the practice of architecture in a court of this state unless the architectural firm was a registered architectural firm at the time the architectural firm engaged in the practice of architecture.

�� (3) ORS 671.010 to 671.220 do not prevent a person from representing the person�s membership in or affiliation with any bona fide professional or trade organization unless the person makes the representation to advance the person�s unlawful practice of architecture or unlawful attempt to engage in the practice of architecture. [Amended by 1961 c.585 �7; 1977 c.803 �16; 1983 c.389 �3; 1989 c.795 ��2,5; 1991 c.734 �64; 1995 c.327 �2; 1995 c.762 �1; 1997 c.643 �13; 1999 c.1084 �58; 2013 c.196 �14; 2023 c.70 �16]

LANDSCAPE ARCHITECTS

�� 671.310 Definitions for ORS 671.310 to 671.459. As used in ORS 671.310 to 671.459, unless the context requires otherwise:

�� (1) �Board� means the State Landscape Architect Board.

�� (2) �Design� means layout, form and establishment of grades and tangible site features for services described in subsection (5) of this section.

�� (3) �Landscape architect� means an individual who engages in the practice of landscape architecture.

�� (4) �Landscape architect in training� means a person registered as a landscape architect in training under ORS 671.316 (3).

�� (5) �Landscape architecture� or the �practice of landscape architecture� means the performance of, or offer to perform, professional services that have the dominant purpose of landscape preservation, development and enhancement, including but not limited to reconnaissance, research, planning, landscape and site design, the preparation of related drawings, construction documents and specifications and responsible construction observation. �Landscape architecture� or the �practice of landscape architecture� includes the location, arrangement and design of tangible objects and features that are incidental and necessary for landscape preservation, development and enhancement.

�� (6) �Landscape preservation, development and enhancement� means:

�� (a) The preservation and aesthetic and functional enhancement of land uses and natural land features;

�� (b) The location and construction of aesthetically pleasing and functional systems, approaches and settings for structures, roadways and walkways or other improvements for natural drainage and erosion control;

�� (c) Design for trails, pedestrian systems, plantings, irrigation, site lighting, grading and drainage and other site features;

�� (d) Investigation, selection and allocation of land and water resources for appropriate uses;

�� (e) Feasibility studies;

�� (f) Formulation of graphic and written criteria to govern the planning and design of land conservation programs;

�� (g) Preparation, review and analysis of master plans for land use and development;

�� (h) Production of overall site plans, plans for grading, drainage, irrigation and planting, and related construction details;

�� (i) Development specifications, cost estimates and reports;

�� (j) Collaboration in the design of roads, bridges and structures with respect to the functional and aesthetic requirements of the areas where the roads, bridges and structures are to be placed;

�� (k) Negotiation and arrangement for execution of land area projects; and

�� (L) Field observation of land area construction, restoration and maintenance.

�� (7) �Registered landscape architect� means a person registered as a landscape architect under ORS 671.310 to 671.459.

�� (8) �Site features� means constructed surfaces, steps, retaining walls, fences, arbors, trellises, benches, decks, fountains, ponds, waterways, pools or other physical elements constructed or proposed for construction in the landscape. [1961 c.431 �1; 1963 c.580 �31; 1981 c.536 �1; 1983 c.455 �1; 1987 c.414 �42; 2001 c.950 �11; 2003 c.14 �413]

�� 671.312 Purpose of ORS 671.310 to 671.459, 671.992 and 671.995. ORS 671.310 to 671.459, 671.992 and 671.995 are enacted in order to introduce qualifying criteria in the professional practice of landscape architecture. This action is necessary to safeguard public health, safety, welfare and property and to eliminate unnecessary loss and waste in this state. These safeguards are in the practice of landscape architecture as it relates to engineering, architecture, ground water, land use planning, landscape hazards, the further development of the practice of landscape architecture and the landscape architectural concerns of the people of this state. [1983 c.455 �3; 1995 c.189 �1; 2001 c.950 �12]

�� 671.315 [1981 c.536 �2; 1995 c.189 �2; repealed by 2001 c.950 �23]

�� 671.316 Registration requirement for practice of landscape architecture; registration as landscape architect in training; rules. (1) Except as provided in this section, unless an individual is registered as a landscape architect by the State Landscape Architect Board, the individual may not engage in the practice of landscape architecture. Unless an individual is registered as a landscape architect by the board, the individual may not use the title of �landscape architect,� �registered landscape architect� or �landscape architectural designer� or use other titles or any words, letters, figures, signs, cards, advertisements, symbols or other devices to represent that the individual or a business associated with the individual is authorized to practice landscape architecture.

�� (2) A person may not knowingly aid or abet an individual who is not registered as required under this section in the practice of landscape architecture.

�� (3) Notwithstanding subsections (1) and (2) of this section, the board may register a person as a landscape architect in training if the person meets the education and experience standards established by board rule and passes a board approved examination. The board shall adopt rules establishing fees and specifying the qualifications, duties, functions and powers of a landscape architect in training. [2001 c.950 �2]

�� 671.318 Businesses providing landscape architecture services. A business may not provide landscape architecture services unless the work is under the full authority and responsible charge of a registered landscape architect who is also an owner or officer of the business. A business shall file a form with the State Landscape Architect Board identifying responsible landscape architects by name and registration number. The filing must also describe the services that the business is offering to the public. The filing must be in a form prescribed by the board. The business shall notify the board in writing no later than 30 days after a change of registered owners or officers or a change of business name or address. [2001 c.950 �3]

�� 671.320 [1961 c.431 �2; repealed by 1977 c.842 �10]

�� 671.321 Activities not considered practice of landscape architecture. (1) ORS 671.310 to 671.459,

ORS 671.510

671.510 to 671.760 that:

�� (a) Constructs fences, decks, arbors, patios, landscape edging, driveways, walkways or retaining walls and meets the applicable bonding requirements under ORS 671.690; or

�� (b) Subcontracts to a licensed plumbing contractor, or otherwise arranges for a licensed plumbing contractor to perform, the installation of an irrigation system described in ORS 671.540 (1)(m) or the repair or maintenance of an irrigation system.

�� (10) A person who performs work subject to this chapter as an employee of a contractor.

�� (11) A manufacturer of a manufactured home constructed under standards established by the federal government.

�� (12) A person involved in the movement of:

�� (a) Modular buildings or structures other than manufactured structures not in excess of 14 feet in width.

�� (b) Structures not in excess of 16 feet in width when the structures are being moved by their owner if the owner is not a contractor required to be licensed under this chapter.

�� (13) A surety company, commercial lending institution, holding company for a commercial lending institution, subsidiary of a commercial lending institution or subsidiary of a holding company for a commercial lending institution that arranges for completion, repair or remodeling by one or more licensed contractors of a structure in which the company, institution, holding company or subsidiary holds a legal or security interest. As used in this subsection, �commercial lending institution� means any bank, mortgage banking company, trust company, savings bank, savings and loan association, credit union, national banking association, federal savings and loan association, insurance company or federal credit union maintaining an office in this state.

�� (14) A real estate licensee who engages in the management of rental real estate as defined in ORS 696.010 or the employee of that licensee when performing work on a structure that the real estate licensee manages under a contract.

�� (15) Units of government other than those specified in ORS 701.005 (5)(c) and (d).

�� (16) A qualified intermediary in a property exchange that qualifies under section 1031 of the Internal Revenue Code as amended and in effect on January 1, 2004, if the qualified intermediary is not performing construction activities.

�� (17) A professional employer organization or temporary service provider, as defined in ORS 656.849, that supplies personnel to a licensed contractor for the performance of work under the direction and supervision of the contractor or that has entered into a PEO relationship with the contractor.

�� (18) City or county inspectors acting under ORS 701.225 or inspectors described in ORS

ORS 671.995

671.995. The board shall consist of seven members to be appointed by the Governor. Four of the members shall be registered landscape architects, three shall be public members, and all shall be residents of this state. The chair of the board shall be elected by the board from among the current members.

�� (2) The term of office of each member is four years, but a member serves at the pleasure of the Governor. Before the expiration of the term of a member, the Governor shall appoint a successor whose term begins on July 1 next following. A member is eligible for reappointment. [1981 c.536 �15; 1987 c.414 �44; 1993 c.744 �238; 1995 c.189 �11; 1997 c.643 �18; 1999 c.1084 �60; 2001 c.950 �21]

�� 671.460 [1961 c.431 ��17,19,20; repealed by 1963 c.580 �103]

�� 671.465 [1963 c.580 �29; repealed by 1971 c.753 �74]

�� 671.470 [1961 c.431 �22; repealed by 1963 c.580 �103]

�� 671.475 [1963 c.580 �30; repealed by 1971 c.753 �74]

�� 671.480 [1961 c.431 �23; 1967 c.637 �26; repealed by 1971 c.753 �74]

LANDSCAPE CONSTRUCTION PROFESSIONALS AND LANDSCAPE CONTRACTING BUSINESSES

(Generally)

�� 671.510 Short title. ORS 671.510 to 671.760 may be cited as the Landscape Contractors Law. [1971 c.764 �1; 1973 c.832 �25]

�� 671.520 Definitions for ORS 671.510 to 671.760. As used in ORS 671.510 to 671.760, unless the context requires otherwise:

�� (1) �Landscape construction professional� means an individual who for compensation or with the intent to be compensated performs or supervises activities requiring the art, ability, experience, knowledge, science and skill to:

�� (a) Plan or install lawns, shrubs, vines, trees or nursery stock;

�� (b) Prepare property on which lawns, shrubs, vines, trees or nursery stock is to be installed;

�� (c) Install, maintain or repair ornamental water features and landscape drainage systems;

�� (d) Maintain irrigation systems with the use of compressed air and as otherwise provided by the State Landscape Contractors Board by rule;

�� (e) Install or repair landscape irrigation systems as provided by the board by rule; or

�� (f) Plan, install, maintain or repair fences, decks, arbors, patios, landscape edging, driveways, walkways or retaining walls.

�� (2) �Landscape contracting business� means a business that for compensation or with the intent to be compensated arranges, submits a bid, or otherwise offers or contracts, for the performance of activities described in subsection (1) of this section.

�� (3) �Licensee� means a person that is licensed under ORS 671.510 to 671.760 as a landscape construction professional or landscape contracting business.

�� (4) �Nursery stock� means nursery stock:

�� (a) As defined by ORS 571.005 other than stock grown for commercial resale or reforestation; or

�� (b) As defined by the board by rule.

�� (5) �Ornamental water features� means fountains, ponds, waterfalls, man-made streams and other decorative water-related constructions as identified by the board by rule. [1971 c.764 �2; 1973 c.832 �26; 1975 c.757 �1; 1981 c.536 �22; 1983 c.452 �1; 1985 c.565 �91; 1987 c.414 �45; 1997 c.785 �1; 1999 c.32 �1; 2001 c.48 �1; 2005 c.609 �10; 2007 c.541 �11; 2009 c.483 �1; 2015 c.672 �6]

�� 671.522 Artificial turf. (1) As used in this section, �sports field� means one or more areas of a property that total more than 30,000 square feet of artificial turf and are designed to be used primarily for sport or other athletic activities.

�� (2) Notwithstanding ORS 701.005 and 701.021, except as provided in this section, a landscape contracting business may prepare a site for, install and repair artificial turf at an outdoor location. This section does not authorize a landscape contracting business to prepare a site for, install or repair artificial turf at a sports field. [2015 c.672 �2]

�� 671.524 Landscape irrigation systems. A landscape construction professional may prepare plans and drawings for a landscape irrigation system, including, but not limited to, plans and drawings that identify the positioning, number, type and model of pumps, piping, valves, sprinklers, nozzles emitters, filters, controllers and other components for the system, if the landscape construction professional:

�� (1) Holds a license issued by the State Landscape Contractors Board that authorizes the landscape construction professional to install irrigation systems; and

�� (2) Has any other specialized qualifications required by the board by rule. [2015 c.672 �5]

(Licensure)

�� 671.525 Applicant for landscape contracting business license required to be independent contractor; classes of licensees. (1) An applicant for a landscape contracting business license must qualify as an independent contractor, under ORS 670.600, to be licensed with the State Landscape Contractors Board.

�� (2) The board shall establish two classes of independent contractor licensees:

�� (a) The nonexempt class is composed of the following entities:

�� (A) Sole proprietorships, partnerships, corporations and limited liability companies with one or more employees; and

�� (B) Partnerships, corporations and limited liability companies with more than two partners, corporate officers or members if any of the partners, officers or members are not part of the same family and related as parents, spouses, siblings, children, grandchildren, sons-in-law or daughters-in-law.

�� (b) The exempt class is composed of all sole proprietorships, partnerships, corporations and limited liability companies that do not qualify as nonexempt.

�� (3) All partnerships, corporations and limited liability companies applying for a landscape contracting business license must have a federal tax identification number.

�� (4) If a licensee who qualifies under subsection (2)(b) of this section hires one or more employees, or falls into any of the categories set out in subsection (2)(a)(B) of this section, the licensee is subject to penalties under ORS 671.997 and must submit proof that the licensee qualifies under subsection (2)(a) of this section.

�� (5) The decision of the board that a licensee is an independent contractor applies only when the licensee is performing work:

�� (a) Of the nature described in ORS 671.520 and 671.530; or

�� (b) That falls within any of the following categories:

�� (A) Backflow assembly testing services that a landscape contracting business provides through employees who are certified under ORS 448.279;

�� (B) Installing, repairing or maintaining backflow assemblies for irrigation systems and ornamental water features in a manner that under ORS 447.060 exempts the landscape contracting business from a requirement to obtain a license under ORS

ORS 682.025

682.025, a regulatory specialist as defined in ORS 471.001 or a fire service professional, a parole and probation officer or a police officer as those terms are defined in ORS 181A.355.

�� (b) �Staff member� has the meaning given that term in ORS 163.165. [2009 c.783 �2; 2011 c.703 �28; 2012 c.54 �27; 2013 c.477 �1; 2015 c.614 �151]

�� Note: 166.070 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.075 Abuse of venerated objects. (1) A person commits the crime of abuse of venerated objects if the person intentionally abuses a public monument or structure, a place of worship or the national or state flag.

�� (2) As used in this section and ORS 166.085, �abuse� means to deface, damage, defile or otherwise physically mistreat in a manner likely to outrage public sensibilities.

�� (3) Abuse of venerated objects is a Class C misdemeanor. [1971 c.743 �224; 1995 c.261 �2]

�� 166.076 Abuse of a memorial to the dead. (1) A person commits the crime of abuse of a memorial to the dead if the person:

�� (a) Intentionally destroys, mutilates, defaces, injures or removes any:

�� (A) Tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead; or

�� (B) Fence, railing, curb or other thing intended for the protection or for the ornamentation of any structure or thing listed in subparagraph (A) of this paragraph;

�� (b) Intentionally destroys, mutilates, removes, cuts, breaks or injures any tree, shrub or plant within any structure listed in paragraph (a) of this subsection; or

�� (c) Buys, sells or transports any object listed in paragraph (a) of this subsection that was stolen from a historic cemetery knowing that the object is stolen.

�� (2) Abuse of a memorial to the dead is a Class A misdemeanor.

�� (3)(a) Notwithstanding ORS 161.635, the maximum fine that a court may impose for abuse of a memorial to the dead is $50,000 if:

�� (A) The person violates subsection (1)(a) of this section and the object destroyed, mutilated, defaced, injured or removed is or was located in a historic cemetery; or

�� (B) The person violates subsection (1)(c) of this section.

�� (b) In addition to any other sentence a court may impose, if a defendant is convicted of violating this section under the circumstances described in paragraph (a)(A) of this subsection, the court shall consider ordering the defendant to pay restitution. The court shall base the amount of restitution on the historical value of the object destroyed, mutilated, defaced, injured or removed.

�� (4) This section does not apply to a person who is the burial right owner or that person�s representative, an heir at law of the deceased, or a person having care, custody or control of a cemetery by virtue of law, contract or other legal right, if the person is acting within the scope of the person�s legal capacity and the person�s actions have the effect of maintaining, protecting or improving the tomb, monument, gravestone or other structure or thing placed as or designed for a memorial to the dead.

�� (5) As used in this section, �historic cemetery� means a cemetery that is listed with the Oregon Commission on Historic Cemeteries under ORS 97.782. [1995 c.261 �1; 1999 c.731 �12; 2003 c.291 �1; 2005 c.22 �113]

�� Note: 166.076 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.085 Abuse of corpse in the second degree. (1) A person commits the crime of abuse of corpse in the second degree if, except as otherwise authorized by law, the person intentionally:

�� (a) Abuses a corpse; or

�� (b) Disinters, removes or carries away a corpse.

�� (2) Abuse of corpse in the second degree is a Class C felony.

�� (3) As used in this section and ORS 166.087, �abuse of corpse� includes treatment of a corpse by any person in a manner not recognized by generally accepted standards of the community or treatment by a professional person in a manner not generally accepted as suitable practice by other members of the profession, as may be defined by rules applicable to the profession. [1971 c.743 �225; 1985 c.207 �2; 1993 c.294 �1]

�� 166.087 Abuse of corpse in the first degree. (1) A person commits the crime of abuse of corpse in the first degree if the person:

�� (a) Engages in sexual activity with a corpse or involving a corpse; or

�� (b) Dismembers, mutilates, cuts or strikes a corpse.

�� (2) Abuse of corpse in the first degree is a Class B felony. [1993 c.294 �2]

�� Note: 166.087 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 166 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

�� 166.090 Telephonic harassment. (1) A telephone caller commits the crime of telephonic harassment if the caller intentionally harasses or annoys another person:

�� (a) By causing the telephone of the other person to ring, such caller having no communicative purpose;

�� (b) By causing such other person�s telephone to ring, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone; or

�� (c) By sending to, or leaving at, the other person�s telephone a text message, voice mail or any other message, knowing that the caller has been forbidden from so doing by a person exercising lawful authority over the receiving telephone.

�� (2) Telephonic harassment is a Class B misdemeanor.

�� (3) It is an affirmative defense to a charge of violating subsection (1) of this section that the caller is a debt collector, as defined in ORS 646.639, who engaged in the conduct proscribed by subsection (1) of this section while attempting to collect a debt. The affirmative defense created by this subsection does not apply if the debt collector committed the unlawful collection practice described in ORS 646.639 (2)(a) while engaged in the conduct proscribed by subsection (1) of this section. [1987 c.806 �2; 1999 c.115 �1; 2005 c.752 �1]

�� 166.095 Misconduct with emergency telephone calls. (1) A person commits the crime of misconduct with emergency telephone calls if the person:

�� (a) Intentionally refuses to relinquish immediately a party line or public pay telephone after being informed that it is needed for an emergency call; or

�� (b) Requests another to relinquish a party line or public pay telephone to place an emergency call with knowledge that no such emergency exists.

�� (2) As used in this section:

�� (a) �Emergency call� means a telephone call to a police or fire department, or for medical aid or ambulance service, necessitated by a situation in which human life or property is in jeopardy and prompt summoning of aid is essential.

�� (b) �Party line� means a subscriber�s line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.

�� (3) Every telephone directory that is distributed to members of the general public in this state shall contain in a prominent place a notice of the offense punishable by this section.

�� (4) Misconduct with emergency telephone calls is a Class B misdemeanor. [1971 c.743 �288; 2005 c.22 �114]

�� 166.110 [Amended by 1961 c.503 �2; repealed by 1971 c.743 �432]

�� 166.115 [1981 c.783 �3; repealed by 2001 c.851 �2 (166.116 enacted in lieu of 166.115)]

�� 166.116 Interfering with public transportation. (1) A person commits the crime of interfering with public transportation if the person:

�� (a) Intentionally or knowingly enters or remains unlawfully in or on a public transit vehicle or public transit station;

�� (b) Intentionally or knowingly interferes with the provision or use of public transportation services by, among other things, interfering with the movement of, or access to, public transit vehicles;

�� (c) While in or on a public transit vehicle or public transit station, engages in disorderly conduct in the second degree as defined in ORS 166.025;

�� (d) Subjects a public transportation passenger, employee, agent or security officer or transit police officer to offensive physical contact; or

�� (e) While in or on a public transit vehicle, knowingly ingests, inhales, ignites, injects or otherwise consumes a controlled substance that is not lawfully possessed by the person.

�� (2)(a)(A) Interfering with public transportation as provided in subsection (1)(a) of this section is a Class C misdemeanor.

�� (B) Notwithstanding subparagraph (A) of this paragraph, interfering with public transportation as provided in subsection (1)(a) of this section is a Class A misdemeanor if the person has three or more prior convictions for interfering with public transportation as provided in subsection (1)(a) of this section.

�� (b) Interfering with public transportation as provided in subsection (1)(b) to (e) of this section is a Class A misdemeanor.

�� (3) As used in this section:

�� (a) �Controlled substance� has the meaning given that term in ORS 475.005.

�� (b) �Enter or remain unlawfully� has the meaning given that term in ORS 164.205.

�� (c) �Public transit station� includes all facilities, structures, lands and rights of way that are owned, leased, held or used for the purposes of providing public transportation services.

�� (d) �Public transit vehicle� means a vehicle that is used for public transportation or operated by or under contract to any public body in order to provide public transportation.

�� (e) �Public transportation� means transportation provided by a city, county, special district or any other political subdivision or municipal or public corporation. [2001 c.851 �3 (enacted in lieu of 166.115); 2005 c.631 �4; 2017 c.454 �1; 2024 c.58 �1]

�� 166.119 Interfering with a health care facility. (1) A person commits the crime of interfering with a health care facility if the person intentionally, knowingly or recklessly interferes with access to or from a health care facility, or disrupts the normal functioning of a health care facility, by:

�� (a) Physically obstructing or impeding the free passage of a person seeking to enter or depart from the facility or from the common areas of the real property upon which the facility is located;

�� (b) Making noise that unreasonably disturbs the peace within the facility;

�� (c) Trespassing on the facility or the common areas of the real property upon which the facility is located;

�� (d) Causing the telephone of the facility to ring, vibrate or otherwise alert by visual or auditory means if:

�� (A) The person has no communicative purpose; or

�� (B) The person knows that the person has been forbidden from causing the telephone to ring, vibrate or alert by an individual exercising lawful authority over the receiving telephone; or

�� (e) Subjecting an owner, agent, patient or employee of the facility to alarm by conveying a telephonic, electronic or written threat to inflict serious physical injury on that individual or to commit a felony involving the individual, the property of the individual or a member of the individual�s family, when the threat would reasonably be expected to cause alarm.

�� (2) Interfering with a health care facility is a Class A misdemeanor.

�� (3)(a) No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right.

�� (b) Nothing in this section prohibits lawful picketing, lawful protesting or peaceful assembly, or other publicity for the purpose of providing the public with information.

�� (4) In a criminal proceeding based on a charge described in this section, the court shall take all steps reasonably necessary to safeguard the individual�s privacy and prevent harassment of a health care patient or health care provider who is a victim or witness in the proceeding, including granting protective orders and motions in limine when appropriate.

�� (5) As used in this section:

�� (a) �Health care facility� means a facility that provides health care services directly to patients, including but not limited to a hospital, clinic, health care provider�s office, health maintenance organization, diagnostic or treatment center, mental health facility, hospice or nursing home.

�� (b) �Health care provider� means an individual licensed, certified, registered or otherwise authorized to practice by a board, as defined in ORS 413.164, or an officer, director, employee or agent of a health care facility. [2023 c.228 �45]

�� 166.120 [Repealed by 1971 c.743 �432]

�� 166.122 Definitions for ORS 166.122 to 166.128. As used in ORS 166.122 to 166.128:

�� (1) �Critical infrastructure� means a gas, electric or water utility system, an electric substation, a pipeline or other conveyance for carrying gas, natural gas or fuel, a fiber optic cable network, a base transceiver station or other wireless communication infrastructure, a data center, or a dam, bridge, road, airport, marina or rail line.

�� (2) �Destructive device� has the meaning given that term in ORS 166.382.

�� (3) �Toxic substance� means any radiological, biological, pathogenic or chemical substance that may cause death or serious physical injury if ingested, inhaled, consumed or absorbed by a human being.

�� (4) �Widespread� means impacting at least 50 human beings. [2023 c.608 �1]

�� 166.125 Domestic terrorism in the first degree. (1) A person commits the crime of domestic terrorism in the first degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure:

�� (a) Intentionally destroys or substantially damages critical infrastructure; or

�� (b) Intentionally introduces, releases or disperses a toxic substance into widespread contact with human beings.

�� (2) Domestic terrorism in the first degree is a Class B felony.

�� (3) The Oregon Criminal Justice Commission shall classify domestic terrorism in the first degree as crime category 9 of the sentencing guidelines grid of the commission. [2023 c.608 �2]

�� 166.128 Domestic terrorism in the second degree. (1) A person commits the crime of domestic terrorism in the second degree if the person, with the intent to cause widespread sickness, contagion, serious physical injury, death or the disruption of services provided by critical infrastructure:

�� (a) Intentionally possesses a toxic substance with the intent to introduce the substance into widespread contact with human beings;

�� (b) Intentionally possesses a destructive device with the intent to destroy or substantially damage critical infrastructure;

�� (c) Intentionally attempts to destroy or substantially damage critical infrastructure; or

�� (d) Intentionally attempts to introduce, release or disperse a toxic substance into widespread contact with human beings.

�� (2) Domestic terrorism in the second degree is a Class C felony.

�� (3) The Oregon Criminal Justice Commission shall classify domestic terrorism in the second degree as crime category 7 of the sentencing guidelines grid of the commission. [2023 c.608 �3]

�� 166.130 [Repealed by 1971 c.743 �432]

�� 166.140 [Repealed by 1971 c.743 �432]

�� 166.150 [Repealed by 1971 c.743 �432]

BIAS CRIME

�� 166.155 Bias crime in the second degree. (1) A person commits a bias crime in the second degree if the person:

�� (a) Tampers or interferes with property, having no right to do so nor reasonable ground to believe that the person has such right, with the intent to cause substantial inconvenience to another person because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin;

�� (b) Intentionally subjects another person to offensive physical contact because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin; or

�� (c) Intentionally, because of the person�s perception of race, color, religion, gender identity, sexual orientation, disability or national origin of another person or of a member of the other person�s family, subjects the other person to alarm by threatening:

�� (A) To inflict serious physical injury upon or to commit a felony affecting the other person, or a member of the other person�s family; or

�� (B) To cause substantial damage to the property of the other person or of a member of the other person�s family.

�� (2) A bias crime in the second degree is a Class A misdemeanor.

�� (3) As used in this section and ORS 166.165:

�� (a) �Gender identity� means an individual�s gender-related identity, appearance, expression or behavior, regardless of whether the identity, appearance, expression or behavior differs from that associated with the gender assigned to the individual at birth.

�� (b) �Property� means any tangible personal property or real property. [1981 c.785 �1; 1983 c.521 �1; 1989 c.1029 �1; 2007 c.100 �18; 2011 c.421 �1; 2019 c.553 �1]

�� 166.160 [Repealed by 1971 c.743 �432]

�� 166.165 Bias crime in the first degree. (1) A person commits a bias crime in the first degree if the person:

�� (a) Intentionally, knowingly or recklessly causes physical injury to another person because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin;

�� (b) With criminal negligence causes physical injury to another person by means of a deadly weapon because of the person�s perception of the other person�s race, color, religion, gender identity, sexual orientation, disability or national origin; or

�� (c) Intentionally, because of the person�s perception of another person�s race, color, religion, gender identity, sexual orientation, disability or national origin, places another person in fear of imminent serious physical injury.

�� (2) A bias crime in the first degree is a Class C felony. [1981 c.785 �2; 1983 c.521 �2; 1989 c.1029 �2; 1993 c.332 �1; 1995 c.79 �53; 1997 c.249 �50; 2007 c.100 �19; 2011 c.421 �2; 2019 c.553 �2]

�� 166.167 Community service as sentence for bias crime. If a court sentences a person to community service for a violation of ORS 166.155 or 166.165 and the conduct that was the subject of the violation occurred while on the waters of this state or on publicly owned land used for outdoor recreation, the community service may include:

�� (1) Habitat restoration or restoration or maintenance of outdoor recreation facilities under the supervision of the State Parks and Recreation Department, the State Department of Fish and Wildlife or the State Marine Board; and

�� (2) Anti-bias training. [2021 c.393 �3]

AUTHORITY TO REGULATE FIREARMS

�� 166.170 State preemption. (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

�� (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void. [1995 s.s. c.1 �1]

�� 166.171 Authority of county to regulate discharge of firearms. (1) A county may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within their boundaries.

�� (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

�� (a) A person discharging a firearm in the lawful defense of person or property.

�� (b) A person discharging a firearm in the course of lawful hunting.

�� (c) A landowner and guests of the landowner discharging a firearm, when the discharge will not endanger adjacent persons or property.

�� (d) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.

�� (e) A person discharging a firearm in the course of target shooting on public land that is not inside an urban growth boundary or the boundary of a city, if the discharge will not endanger persons or property.

�� (f) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 �2; 2009 c.556 �1]

�� 166.172 Authority of city to regulate discharge of firearms. (1) A city may adopt ordinances to regulate, restrict or prohibit the discharge of firearms within the city�s boundaries.

�� (2) Ordinances adopted under subsection (1) of this section may not apply to or affect:

�� (a) A person discharging a firearm in the lawful defense of person or property.

�� (b) A person discharging a firearm on a public or private shooting range, shooting gallery or other area designed and built for the purpose of target shooting.

�� (c) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1995 s.s. c.1 �3; 2009 c.556 �2]

�� 166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.

�� (2) Ordinances adopted under subsection (1) of this section do not apply to or affect:

�� (a) A law enforcement officer.

�� (b) A member of the military in the performance of official duty.

�� (c) A person licensed to carry a concealed handgun.

�� (d) A person authorized to possess a loaded firearm while in or on a public building or court facility under ORS 166.370.

�� (e) An employee of the United States Department of Agriculture, acting within the scope of employment, who possesses a loaded firearm in the course of the lawful taking of wildlife.

�� (f) An honorably retired law enforcement officer, unless the person who is a retired law enforcement officer has been convicted of an offense that would make the person ineligible to obtain a concealed handgun license under ORS 166.291 and 166.292. [1995 s.s. c.1 �4; 1999 c.782 �8; 2009 c.556 �3; 2015 c.709 �1]

�� 166.174 Authority of city, county, municipal corporation or district to regulate possession or sale of firearms. Notwithstanding any other provision of law, a city, county or other municipal corporation or district may not adopt ordinances that regulate, restrict or prohibit the possession or sale of firearms in a public building that is rented or leased to a person during the term of the lease. [1995 s.s. c.1 �5]

�� 166.175 Authority of city to regulate purchase of used firearms. (1) Notwithstanding any other provision of law, a city may continue to regulate the purchase of used firearms by pawnshops and secondhand stores.

�� (2) As used in this section, �secondhand store� means a store or business whose primary source of revenue is the sale of used merchandise. [1995 s.s. c.1 �6]

�� 166.176 Exception to preemption for certain county ordinances. (1) Nothing in ORS 166.170 or 166.171 is intended to preempt, invalidate or in any way affect the operation of any provision of a county ordinance that was in effect on November 2, 1995, to the extent that the provision:

�� (a) Established a procedure for regulating, restricting or prohibiting the discharge of firearms; or

�� (b) Regulated, restricted or prohibited the discharge of firearms.

�� (2) Subsection (1) of this section does not apply to:

�� (a) Ordinances regulating, restricting or prohibiting the discharge of firearms on a shooting range or in a shooting gallery or other area designed and built for the purpose of target shooting.

�� (b) An employee of the United States Department of Agriculture, acting within the scope of employment, discharging a firearm in the course of the lawful taking of wildlife. [1997 c.403 �1; 2009 c.556 �4]

POSSESSION AND USE OF WEAPONS

(Generally)

�� 166.180 Negligently wounding another. Any person who, as a result of failure to use ordinary care under the circumstances, wounds any other person with a bullet or shot from any firearm, or with an arrow from any bow, commits a Class B misdemeanor. In addition, any person so convicted shall forfeit any license to hunt, obtained under the laws of this state, and shall be ineligible to obtain a license to hunt for a period of 10 years following the date of conviction. [Formerly 163.310; 2011 c.597 �162]

�� 166.190 Pointing firearm at another; courts having jurisdiction over offense. Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both. Justice courts have jurisdiction concurrent with the circuit court of the trial of violations of this section. When any person is charged before a justice court with violation of this section, the court shall, upon motion of the district attorney, at any time before trial, act as a committing magistrate, and if probable cause be established, hold such person to the grand jury. [Formerly

ORS 810.010

810.010; and

�� (iii) The improvement, design or maintenance was completed in a manner that does not constitute:

�� (I) Gross negligence or reckless, wanton or intentional misconduct; or

�� (II) An activity for which the actor is strictly liable without regard to fault; and

�� (d) All machinery or equipment on the land described in paragraph (a) of this subsection.

�� (2) The immunities provided by ORS 105.682 apply to land if the owner transfers an easement to a public body to use the land.

�� (3) Except as provided in subsections (4) to (7) of this section, the immunities provided by ORS 105.682 do not apply if the owner makes any charge for permission to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products.

�� (4) If the owner charges for permission to use the owner�s land for one or more specific recreational purposes and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 apply to any use of the land other than the activities for which the charge is imposed. If the owner charges for permission to use a specified part of the owner�s land for recreational purposes and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 apply to the remainder of the owner�s land.

�� (5) The immunities provided by ORS 105.682 for gardening do not apply if the owner charges more than $25 per year for the use of the land for gardening. If the owner charges more than $25 per year for the use of the land for gardening, the immunities provided by ORS 105.682 apply to any use of the land other than gardening. If the owner charges more than $25 per year for permission to use a specific part of the owner�s land for gardening and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 apply to the remainder of the owner�s land.

�� (6) The immunities provided by ORS 105.682 for woodcutting do not apply if the owner charges more than $75 per cord for permission to use the land for woodcutting. If the owner charges more than $75 per cord for the use of the land for woodcutting, the immunities provided by ORS 105.682 apply to any use of the land other than woodcutting. If the owner charges more than $75 per cord for permission to use a specific part of the owner�s land for woodcutting and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 apply to the remainder of the owner�s land.

�� (7) The immunities provided by ORS 105.682 for the harvest of special forest products do not apply if the owner makes any charge for permission to use the land for the harvest of special forest products. If the owner charges for permission to use the owner�s land for the harvest of special forest products, the immunities provided by ORS 105.682 apply to any use of the land other than the harvest of special forest products. If the owner charges for permission to use a specific part of the owner�s land for harvesting special forest products and the owner provides notice in the manner provided by subsection (8) of this section, the immunities provided by ORS 105.682 apply to the remainder of the owner�s land.

�� (8) Notices under subsections (4) to (7) of this section may be given by posting, as part of a receipt, or by such other means as may be reasonably calculated to apprise a person of:

�� (a) The limited uses of the land for which the charge is made, and the immunities provided under ORS 105.682 for other uses of the land; or

�� (b) The portion of the land the use of which is subject to the charge, and the immunities provided under ORS 105.682 for the remainder of the land. [1995 c.456 �4; 1999 c.872 �7; 2001 c.206 �1; 2009 c.532 �2; 2010 c.52 �2; 2024 c.64 ��7,10; 2025 c.220 �3]

�� 105.689 [1979 c.434 �3; repealed by 1995 c.456 �9]

�� 105.691 [1979 c.434 �4; repealed by 1995 c.456 �9]

�� 105.692 Right to continued use of land following permitted use; presumption of dedication or other rights. (1) An owner of land who either directly or indirectly permits any person to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products does not give that person or any other person a right to continued use of the land for those purposes without the consent of the owner.

�� (2) The fact that an owner of land allows the public to use the land for recreational purposes, gardening, woodcutting or the harvest of special forest products without posting, fencing or otherwise restricting use of the land does not raise a presumption that the landowner intended to dedicate or otherwise give over to the public the right to continued use of the land.

�� (3) Nothing in this section shall be construed to diminish or divert any public right to use land for recreational purposes acquired by dedication, prescription, grant, custom or otherwise existing before October 5, 1973.

�� (4) Nothing in this section shall be construed to diminish or divert any public right to use land for woodcutting acquired by dedication, prescription, grant, custom or otherwise existing before October 3, 1979. [1995 c.456 �5; 2009 c.532 �5]

�� 105.693 [1979 c.434 �5; repealed by 1995 c.456 �9]

�� 105.695 [1979 c.434 �6; repealed by 1995 c.456 �9]

�� 105.696 Duty of care or liability not created; exercise of care required of person using land. ORS 105.672 to 105.696 do not:

�� (1) Create a duty of care or basis for liability for personal injury, death or property damage resulting from the use of land for recreational purposes, for gardening, for woodcutting or for the harvest of special forest products.

�� (2) Relieve a person using the land of another for recreational purposes, gardening, woodcutting or the harvest of special forest products from any obligation that the person has to exercise care in use of the land in the activities of the person or from the legal consequences of failure of the person to exercise that care. [1995 c.456 �6; 2009 c.532 �6]

�� 105.697 [1979 c.434 �7; repealed by 1995 c.456 �9]

�� 105.699 Rules applicable to state lands. The State Forester, under the general supervision of the State Board of Forestry, may adopt any rules considered necessary for the administration of the provisions of ORS 105.672 to 105.696 on state land. [1979 c.434 �8; 1995 c.456 �7]

�� 105.700 Prohibiting public access to private land; notice requirements; damages. (1) In addition to and not in lieu of any other damages that may be claimed, a plaintiff who is a landowner shall receive liquidated damages in an amount not to exceed $1,000 in any action in which the plaintiff establishes that:

�� (a) The plaintiff closed the land of the plaintiff as provided in subsection (2) of this section; and

�� (b) The defendant entered and remained upon the land of the plaintiff without the permission of the plaintiff.

�� (2) A landowner or an agent of the landowner may close the privately owned land of the landowner by posting notice as follows:

�� (a) For land through which the public has no right of way, the landowner or agent must place a notice at each outer gate and normal point of access to the land, including both sides of a body of water that crosses the land wherever the body of water intersects an outer boundary line. The notice must be placed on a post, structure or natural object in the form of a sign or a blaze of paint. If a blaze of paint is used, it must consist of at least 50 square inches of fluorescent orange paint, except that when metal fence posts are used, approximately the top six inches of the fence post must be painted. If a sign is used, the sign:

�� (A) Must be no smaller than eight inches in height and 11 inches in width;

�� (B) Must contain the words �Closed to Entry� or words to that effect in letters no less than one inch in height; and

�� (C) Must display the name, business address and phone number, if any, of the landowner or agent of the landowner.

�� (b) For land through which or along which the public has an unfenced right of way by means of a public road, the landowner or agent must place:

�� (A) A conspicuous sign no closer than 30 feet from the center line of the roadway where it enters the land, containing words substantially similar to �PRIVATE PROPERTY, NO TRESPASSING OFF ROAD NEXT _____ MILES�; or

�� (B) A sign or blaze of paint, as described in paragraph (a) of this subsection, no closer than 30 feet from the center line of the roadway at regular intervals of not less than one-fourth mile along the roadway where it borders the land, except that a blaze of paint may not be placed on posts where the public road enters the land.

�� (3) Nothing contained in this section prevents emergency or law enforcement vehicles from entering upon the posted land.

�� (4) An award of liquidated damages under this section is not subject to ORS 31.725, 31.730 or

ORS 819.215

819.215 or 819.280 is sufficient to comply with the provisions of this paragraph.

�� (e) Refuses, at any time, to allow a police officer or an employee of the department to inspect the books, records, inventory or premises of the person�s motor vehicle dismantling business.

�� (f) Fails to maintain, for the purposes of the person�s motor vehicle dismantling business, a building or an enclosure or other barrier at least six feet in height that is constructed, established or formed in compliance with rules adopted by the department.

�� (g) Fails to keep the premises on the outside of the establishment clear and clean at all times.

�� (h) Conducts any wrecking, dismantling or altering of vehicles outside the building, enclosure or barrier on the premises of the business.

�� (i) Stores or displays any motor vehicles or major component parts or conducts the motor vehicle dismantling business outside of the building, enclosure or barrier of the place of business.

�� (j) Fails to immediately file with the department, upon transfer of a wrecked or dismantled motor vehicle to another person who holds a dismantler certificate, the form furnished by the department to report the date of transfer, a description of the vehicle, the name and address of the purchasing dismantler and other information respecting the vehicle required by the department.

�� (k) Except as otherwise provided in this paragraph, fails to keep the business hidden or adequately screened by the terrain or other natural objects or by plantings, fences or other appropriate means so as not to be visible from the main traveled way of the highway in accordance with the rules of the Director of Transportation. This paragraph does not apply to a business that is:

�� (A) Located in an area zoned for industrial use under authority of the laws of this state; or

�� (B) A business established before June 30, 1967.

�� (L) Expands or moves any place of business approved under a dismantler certificate or opens any additional locations for the business without obtaining a supplemental certificate under ORS 822.125 or obtaining an additional dismantler certificate.

�� (m) Fails to allow the department to conduct inspections as provided under ORS 822.130.

�� (n) Fails to deploy or remove any air bag containing sodium azide from a vehicle before the vehicle is wrecked or dismantled.

�� (o) Fails to ensure that an air bag containing sodium azide that has been removed from a vehicle is deployed within seven days of removal unless the air bag is properly stored by a motor vehicle dealer, automobile repair facility or dismantler certified under ORS 822.110.

�� (2) The offense described in this section, improperly conducting a motor vehicle dismantling business, is a:

�� (a) Class A misdemeanor if the person violates subsection (1)(a) to (m) of this section.

�� (b) Class D violation if the person violates subsection (1)(n) or (o) of this section.

�� (c) Class C misdemeanor, notwithstanding paragraph (b) of this subsection, if the person violates subsection (1)(n) or (o) of this section and the person has two or more previous convictions for violating subsection (1)(n) or (o) of this section. [1983 c.338 �806; 1985 c.16 �407; 1985 c.400 �6; 1991 c.820 �18; 1991 c.873 �50; 1993 c.233 �75; 1993 c.326 �8; 1993 c.741 �89; 2005 c.514 �1; 2005 c.654 �13a; 2005 c.738 �5; 2007 c.683 �3; 2025 c.415 �38]

�� 822.137 Dismantler conduct resulting in civil penalty; rules. (1) As used in this section and ORS 822.135, �major component part� includes significant parts of a motor vehicle such as engines, short blocks, frames, transmissions, transfer cases, cabs, doors, differentials, front or rear clips, quarter panels, truck beds or boxes, hoods, bumpers, fenders, catalytic converters and airbags. The Department of Transportation may by rule designate other motor vehicle parts not specified in this subsection as major component parts. �Major component part� does not include cores or parts of cores that require remanufacturing or that are limited in value to that of scrap metal.

�� (2) In addition to any other penalty provided by law, the department may impose on a dismantler, in the manner provided by ORS 183.745, a civil penalty not to exceed $1,000 per violation if the dismantler:

�� (a) Acquires a motor vehicle or major component part without obtaining a certificate of sale and, if applicable, a certificate of title.

�� (b) Acquires a catalytic converter or a component of a catalytic converter, that has been removed from a vehicle and is offered for sale as an independent item, separate and distinct from a vehicle acquisition, whether individually or as part of a bundle, bale or in other bulk form.

�� (c) Possesses, sells or otherwise disposes of a motor vehicle or any part of a motor vehicle knowing that the vehicle or part has been stolen.

�� (d) Sells, buys, receives, conceals, possesses or disposes of a motor vehicle or any part of a motor vehicle having a missing, defaced, intentionally altered or covered vehicle identification number, unless directed to do so by a law enforcement official.

�� (e) Commits forgery in the second degree, as defined in ORS 165.007, or misstates a material fact relating to a certificate of title, registration or other document related to a motor vehicle that has been reassembled from parts of other motor vehicles.

�� (f) Fraudulently obtains, creates or modifies a dismantler certificate.

�� (g) Fails to maintain records at the certified place of business for three years from the date of acquisition of a motor vehicle that describe and identify the vehicle, including:

�� (A) The certificate of title number;

�� (B) The state where the vehicle was last registered, if applicable;

�� (C) The number of the last registration plate issued and the state of issuance, if applicable;

�� (D) The year, make and model of the vehicle;

�� (E) The vehicle identification number;

�� (F) The date acquired;

�� (G) The vehicle, stock or yard number assigned to the vehicle by the dismantler; and

�� (H) Any other information required by the department.

�� (h) Fails to maintain records at the certified place of business for three years from the date of acquisition of a major component part that describe and identify the part, including:

�� (A) The physical characteristics of the part;

�� (B) The stock or yard number assigned to the part by the dismantler;

�� (C) The vehicle identification number of the motor vehicle from which the part came;

�� (D) Transaction documents regarding the sale or disposal of a catalytic converter, including documents that show the transaction date, dollar amount, stock or yard number assigned to the catalytic converter and the signatures of buyer and seller; and

�� (E) Any other information required by the department.

�� (i) Commits a dishonest act or omission during the sale of a motor vehicle or major component part that, as determined by the department, causes a loss to the purchaser.

�� (j) Is convicted of a crime involving false statements or dishonesty that directly relates to the business of the dismantler or suffers any civil judgment imposed for conduct involving fraud, misrepresentation or conversion.

�� (k) Fails to comply with any provision of ORS 822.133. [2005 c.654 �5; 2007 c.683 �4; 2021 c.412 �6; 2025 c.415 �39]

�� 822.140 Local government approval requirements. (1) To meet the requirement for local government approval of a dismantler certificate under ORS 822.110 or a supplemental certificate under ORS 822.125, an applicant must comply with any regulations established by a city or county under this section and must obtain the approval of the governing body of the:

�� (a) City, if the business is or will be carried on within an incorporated city of less than 100,000 population.

�� (b) County, if the business is or will be carried on outside of any incorporated city.

�� (2) A city or county governing body shall grant approval of a dismantler certificate or renewal when requested under this section if the governing body:

�� (a) Approves the applicant as being suitable to establish, maintain or operate a motor vehicle dismantling business;

�� (b) Determines that the location or proposed location meets the requirements for location under ORS 822.110;

�� (c) Determines that the location does not violate any prohibition under ORS 822.135; and

�� (d) Approves the location and determines that the location complies with any regulations adopted by a city or county under this section.

�� (3) The governing body of a city or county may regulate the expansion of premises or the establishment of premises at a new location under a dismantler certificate. An applicant must comply with the regulations before the Department of Transportation may issue a supplemental dismantler certificate. In adopting regulations under this subsection, a governing body:

�� (a) Shall consider the extent of development of surrounding property as a residential area;

�� (b) Shall consider the proximity of churches, schools, hospitals, public buildings or other places of public gathering;

�� (c) Shall consider the sufficiency in number of other motor vehicle dismantling businesses in the vicinity;

�� (d) Shall consider the health, safety and general welfare of the public;

�� (e) May establish zones in which motor vehicle dismantling businesses are permissible and other zones where they are prohibited; and

�� (f) May prescribe limitations on the dimensions of the premises on which motor vehicle dismantling businesses are conducted.

�� (4) Regulations of a city governing body that are adopted under this section apply to motor vehicle dismantling businesses located outside of and within six miles of the boundaries of the city unless the county governing body in which the area is located has adopted regulations under this section that are applicable in the area.

�� (5) Before granting approval for a supplemental dismantler certificate, the governing body of a city or county shall notify all property owners that are or that will be adjacent to the motor vehicle dismantling business once the business moves, expands or opens an additional place of business. [1983 c.338 �807; 1985 c.16 �408; 2005 c.654 �14; 2019 c.630 �8]

�� 822.145 Imposition of sanctions; rules. (1) In addition to any other penalty provided by law, the Department of Transportation may impose sanctions on any person holding a dismantler certificate issued under ORS 822.110 or identification card or supplemental dismantler certificate issued under ORS 822.125 including, but not limited to, suspension or revocation of the right of a person to renew the dismantler certificate or apply for a certificate for a different vehicle dismantler business or in a different business name, probation or suspension, revocation or cancellation of the dismantler certificate or identification card if the department determines at any time for due cause that any of the following has occurred:

�� (a) The person holding the certificate has failed to comply with any requirements for registration of vehicles under the vehicle code.

�� (b) The person holding the certificate has violated ORS 803.140, 819.012, 819.016, 819.040,

ORS 825.480

825.480 and 825.484 shall be assessed upon the declared combined weight of the motor vehicle or 76,000 pounds, whichever is less. [Amended by 1953 c.370 �5]

CONDEMNATION OF LAND FOR FOREST PRODUCT WAYS

�� 376.505 Filing statement of route and bond; right of entry. (1) Any person, firm or corporation that requires land for transportation of the raw products of the forest may file with the county clerk of the county in which the land is located:

�� (a) A statement showing the approximate route of any proposed road or railway and a general description of the tract that the road or railway may travel.

�� (b) At the time of filing the statement, a bond in such sum as may be fixed by order of the county court, conditioned upon the payment to the owners of the lands required for the road or railway of any and all damage that the owners may sustain by reason of entry upon the land for the survey or location of the road or way.

�� (2) When the bond has been filed, such person, firm or corporation shall have the right to enter upon the tract for the purpose of examining, locating or surveying the line of the road or logging railroad. [Amended by 2003 c.14 �162]

�� 376.507 Definition of �transportation of the raw products of the forest.� As used in ORS 376.505 to 376.540 �transportation of the raw products of the forest� includes ingress to and egress from forestland solely for the purpose of management, protection, growth and conservation of forest crops by thinning, reseeding, brush control and other forest management operations. [1975 c.723 �2]

�� 376.510 Right to acquire and condemn land for logging road. Any such person, firm or corporation has the right to acquire and own all lands reasonably necessary for the logging road or way to promote the transportation of logs or the raw products of the forest. If such person, firm or corporation is unable to agree with the owners of the land over which the logging railroad is necessary, as to the amount of compensation to be paid therefor, such person, firm or corporation has the right to condemn so much of the land necessary for the logging railroad, road or ways as may be necessary for the use thereof, and may maintain the suit for condemnation in the circuit court of the county wherein the lands are located. No land shall be taken until compensation has been assessed and tendered.

�� 376.515 Property subject to appropriation. No more lands shall be appropriated under ORS 376.505 to 376.540 than are reasonably necessary for the purposes specified therein. No building nor the land upon which it is situated, which is exempt from execution as a homestead under the laws of the state, nor any land belonging to the homestead owner within 100 feet of the building, shall be so appropriated.

�� 376.520 Condemnation procedure. Procedure for condemnation under ORS 376.505 to 376.540 shall be as set forth in ORS chapter 35. [Amended by 1971 c.741 �23]

�� 376.525 Assessment of damages. In assessing damages under ORS 376.510, full compensation shall be allowed for the value of the land appropriated and all other injury and damage which the owner may suffer by reason of the appropriation of the land.

�� 376.530 Fencing appropriated land. The person, firm or corporation appropriating land under ORS 376.505 to

ORS 836.616

836.616 (2) and includes activities that a local government may authorize pursuant to ORS 836.616 (3).

�� (3) �Pilot site� means a rural airport identified to participate in the pilot program pursuant to ORS 836.642.

�� (4) �Rural airport� means an airport described in ORS 836.610 (1) that principally serves a city or metropolitan statistical area with a population of 500,000 or fewer.

�� (5) �Through the fence operation� means a customary and usual aviation-related activity that:

�� (a) Is conducted by a commercial or industrial user of property within an airport boundary; and

�� (b) Relies, for business purposes, on the ability to taxi aircraft directly from the property employed for the commercial or industrial use to an airport runway. [2005 c.820 �2; 2009 c.11 �100; 2009 c.398 �1; 2016 c.35 �1]

�� 836.642 Program for through the fence operations; rules. (1) The Oregon Department of Aviation shall establish a pilot program at up to six rural airports to encourage development of through the fence operations designed to promote economic development by creating family wage jobs, by increasing local tax bases and by increasing financial support for rural airports. To the extent practicable, the airport sponsor of a pilot site shall use public-private partnerships that incorporate:

�� (a) Innovative and creative technologies for increasing airport usability and safety;

�� (b) Innovative and creative performance of aviation services to make the services more competitive and useful for the public;

�� (c) Development of the pilot site as a setting for customary and usual aviation-related activities to develop and thrive, in concert with the goals of the Oregon Business Development Department; and

�� (d) Shared responsibility for:

�� (A) Establishing and meeting the fiscal needs of the pilot site;

�� (B) Maintaining safety of operations; and

�� (C) Maintaining positive community relations and compatibility with existing uses.

�� (2) The pilot program shall operate at:

�� (a) The Aurora State Airport; and

�� (b) Not more than five additional rural airports that volunteer to participate and are selected by the Oregon Department of Aviation with the concurrence of the county in which each rural airport is located.

�� (3) The Oregon Department of Aviation, by rule, shall provide standards and guidelines for through the fence operations that:

�� (a) Ensure that the operations provide financial support to the pilot sites in compliance with Federal Aviation Administration regulations;

�� (b) Require submission, review, approval and, as appropriate, revision of a facility site plan for each through the fence operation so that the real property covered by the site plan can be incorporated into the airport boundary and coordinated with the other aspects of the airport master plan;

�� (c) Ensure that the operations are conducted according to a written contract between the commercial or industrial user of property within the airport boundary and the airport sponsor;

�� (d) Ensure that pilot sites continue to operate in a safe manner and to fulfill their roles in Oregon�s emergency response system;

�� (e) Preserve investments in pilot sites and the level of service provided by pilot sites;

�� (f) Facilitate orderly management of pilot sites;

�� (g) Provide equitable and uniform treatment of airport tenants and users at pilot sites;

�� (h) Advance economic development through qualified customary and usual aviation-related activities within the airport boundaries of pilot sites;

�� (i) Encourage well-ordered economic development within the airport boundaries of the pilot sites;

�� (j) Facilitate and foster good relations with the communities surrounding the pilot sites;

�� (k) Enable conformity with approved airport master plans;

�� (L) Make pilot sites available for public use on reasonable terms; and

�� (m) Assist pilot sites in developing financial self-sufficiency through the use of innovative funding and economic development programs.

�� (4) The Department of Land Conservation and Development, the county and a city, if any, within whose jurisdiction a pilot site is located shall coordinate with the Oregon Department of Aviation to ensure that the applicable comprehensive plans and land use regulations, including airport zoning classifications pursuant to ORS 836.600 to 836.630, facilitate through the fence operations and support the development or expansion of the pilot site consistent with applicable statewide land use planning requirements.

�� (5) The Oregon Business Development Department shall assist the pilot sites to:

�� (a) Identify, qualify for and apply for funding from appropriate grant and loan programs; and

�� (b) Develop innovative short-term and long-term funding opportunities.

�� (6) To the extent practicable, the airport sponsors shall utilize innovative airport infrastructure and operations funding to support the pilot sites including, but not limited to:

�� (a) Airport districts as provided in ORS chapter 838;

�� (b) Economic development programs administered by the Oregon Business Development Department;

�� (c) Tax increment financing to provide funding for airport-related infrastructure;

�� (d) United States Department of Agriculture Rural Development grants or low-interest loans; and

�� (e) Programs, including funding for short line railroads under ORS 367.067, designed to facilitate development of intermodal transportation projects. [2005 c.820 �3; 2009 c.398 �2]

PENALTIES

�� 836.990 Civil penalties. (1) In addition to any other penalty provided by law, the Director of the Oregon Department of Aviation may impose a civil penalty not to exceed $2,500 for each violation of ORS 836.505 or any rule adopted or order issued under ORS 836.505.

�� (2) The director shall impose civil penalties under this section in the manner provided in ORS

ORS 836.625

836.625 shall be interpreted to allow the siting of a new airport except as provided in ORS chapters 197, 197A and 215 and in conformance with all applicable land use regulations and ordinances.

�� (2) The Oregon Department of Aviation shall propose and the Land Conservation and Development Commission shall adopt rules under ORS 836.616 and 836.619 that are no more restrictive than the commission determines necessary to effect the policy established in ORS 836.600.

�� (3) The provisions of ORS 836.600 to 836.630 and any rules established hereunder shall be liberally construed to further the policy established in ORS 836.600. [1995 c.285 �8; 1997 c.859 �12]

�� 836.635 [1995 c.285 �9; repealed by 1997 c.859 �14]

�� 836.636 Vertiports. (1) As used in this section:

�� (a) �Local government� has the meaning given that term in ORS 174.116.

�� (b) �Vertiport� means an area of land or a structure used, or intended to be used, for vertical takeoff and landing aircraft.

�� (2) The governing body of a local government may not grant an exclusive right to one operator to develop vertiports or control vertiport operations within the local government�s jurisdiction. [2023 c.516 �1]

�� Note: 836.636 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 836 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

THROUGH THE FENCE OPERATIONS

�� 836.640 Definitions for ORS 836.640 and 836.642. As used in this section and ORS 836.642:

�� (1) �Airport boundary� includes the combined public and private properties that are permitted to have direct access to the airport runway by aircraft.

�� (2) �Customary and usual aviation-related activity� includes activities described in ORS

ORS 87.078

87.078 and 87.081 or the sum of $500, whichever is greater. If the lien is not released within 10 days after the demand and notice is delivered and the lien claimant or an assignor of the lien claimant does not bring a suit to foreclose the lien within the time provided in ORS 87.055, and if the person who made the demand has complied with this section and ORS 87.078 and 87.081, then the lien claimant or assignor of the lien claimant who fails to release or foreclose the lien is liable to the person for the actual costs the person incurred in complying with this section and ORS 87.078 and 87.081 or the sum of $500, whichever is greater, in addition to any other remedy provided by law or equity.

�� (b) In an action to recover damages under this subsection in which the plaintiff prevails, the court, at trial and on appeal, shall allow and fix a reasonable amount for attorney fees for prosecution of the action, if the court finds that a written demand for payment of the claim was made on the defendant not less than 20 days before commencement of the action. However, the court may not allow attorney fees to the plaintiff, but shall allow attorney fees to the defendant, if the court finds that the defendant tendered to the plaintiff prior to commencement of the action an amount not less than the damages awarded to the plaintiff.

�� (c) If a lien claimant or an assignor of the lien claimant is served with a demand under paragraph (a) of this subsection and is a prevailing party in the suit to foreclose the lien, then in addition to other costs and attorney fees to which the lien claimant or the assignor of the lien claimant is entitled, the court shall allow the actual costs incurred in addressing the demand or the sum of $500, whichever is greater. [1975 c.466 �17; 1983 c.513 �3; 1987 c.662 �15; 1999 c.845 �1; 2009 c.513 �1]

�� 87.078 Notice of filing bond or depositing money; contents of notice; effect of failure to give notice. (1) A person who files a bond or deposits money under ORS 87.076 shall cause to be served upon the lien claimant a notice of the filing or deposit and, if a bond, a copy thereof, not later than 20 days after the filing or deposit. The notice shall state the location and time of the filing or deposit.

�� (2) If a person does not notify the lien claimant as required by subsection (1) of this section, the filing of the bond or the deposit of money is of no effect and the provisions of ORS 87.083 shall not apply in a suit to foreclose the lien for which the filing or deposit is made. [1975 c.466 �18]

�� 87.080 [Amended by 1967 c.407 �3; repealed by 1975 c.648 �72]

�� 87.081 Filing affidavit with county officer. (1) When a person files a bond with the recording officer of the county under ORS 87.076 and serves notice of the filing upon the lien claimant, the person shall file with the same recording officer an affidavit stating that such notice was served.

�� (2) When a person deposits money with the treasurer of a county under ORS 87.076 and serves notice of the deposit upon the lien claimant, the person shall file with the recording officer of the same county an affidavit stating that the deposit was made and notice was served. [1975 c.466 �19; 2005 c.22 �54]

�� 87.082 [1967 c.407 ��1,2; repealed by 1975 c.648 �72]

�� 87.083 Foreclosure after filing of bond or deposit of money; effect of filing or deposit; disposition of bond or money. (1) A suit to foreclose a lien pursuant to ORS 87.060 that is commenced or pending after a bond is filed or money deposited under ORS 87.076 shall proceed as if no filing or deposit was made except that the lien shall attach to the bond or money upon the filing or deposit and the service of notice thereof upon the lien claimant. The property described in the claim of lien is thereafter entirely free of the lien and is not involved in subsequent proceedings.

�� (2) The county or an officer or employee of the county may not be named or otherwise made a party to a suit described in subsection (1) of this section.

�� (3) When a bond is filed or money is deposited, if, in a suit to enforce the lien for which the filing or deposit is made, the court allows the lien, the lien must be satisfied out of the bond or money. The court shall include as part of the court�s judgment an order that specifies the amount the treasurer must release to the judgment creditor and the amount of the remaining balance that the treasurer must release to the person who deposited the money.

�� (4) When a bond is filed or money is deposited, if, in a suit to enforce the lien for which the filing or deposit is made, the court disallows the lien, the court shall include as part of the court�s judgment an order to return the bond or money to the person who filed the bond or deposited the money.

�� (5) Notwithstanding an order from the court under subsection (3) or (4) of this section or an order or notice under ORS 87.088, if the county treasurer is not certain about how to distribute money deposited under ORS 87.076, the treasurer shall notify the lien claimant and the person who deposited the money of how the treasurer intends to distribute the money. If within 10 days after the date of the treasurer�s notice a party to the suit to foreclose the lien objects to the notice, the treasurer may:

�� (a) Hold the money until the court or a stipulation of the parties provides further direction; or

�� (b) Commence an interpleader proceeding under ORCP 31. [1975 c.466 �20; 1987 c.662 �16; 2005 c.22 �55; 2009 c.513 �2]

�� 87.085 [Repealed by 1975 c.648 �72]

�� 87.086 Determination of adequacy of bond. If a lien claimant considers the bond filed with a recording officer of a county inadequate to protect the claim of the lien claimant for some reason other than the amount of the bond, the lien claimant shall, within 10 days of receipt of the notice of filing, petition the court in which the suit to foreclose the lien may be brought for a determination of the adequacy of the bond. The lien claimant shall state in detail the reasons for the inadequacy. Not later than two days after the filing of the petition with the court, the lien claimant shall send a notice of the filing and a copy of the petition by registered or certified mail to the person who filed the bond. After a hearing, if the court determines that the bond is inadequate for one or more of the reasons stated by the lien claimant, the court shall order such action as shall make the bond adequate to protect the claim of lien. [1975 c.466 �21; 1987 c.662 �17]

�� 87.088 Release of lien or return of money. The county recording officer shall record a written release of the lien or the county treasurer in whose office money is deposited under ORS 87.076 shall return the money to the person who made the deposit if:

�� (1) The person who filed the bond or deposited the money under ORS 87.076 notifies the lien claimant and the treasurer in writing and by certified mail that a suit to foreclose the lien was not commenced within the time specified by ORS 87.055. The notice shall provide that the lien claimant has 15 calendar days in which to object to the release of the lien and the return of the money and to provide documentation that demonstrates that a suit was timely commenced or that the time for commencement has not expired. If the treasurer receives an objection, the treasurer may decide how to distribute the money or may commence an interpleader proceeding under ORCP 31.

�� (2) The person who filed the bond or deposited the money presents a certified copy of a court�s order for the release of the bond or all or some of the money to the person.

�� (3) The person who filed the bond or deposited the money presents a written release of lien signed by the lien claimant. [1975 c.466 �22; 1999 c.654 �5; 2009 c.513 �3]

�� 87.089 Limitations on actions. The provisions of ORS 87.076, 87.083 and 87.088 do not create a cause of action and may not be asserted as a basis for a per se negligence action. [2009 c.513 �5]

�� 87.090 [Repealed by 1975 c.648 �72]

�� 87.091 [2003 c.778 �9; repealed by 2010 c.77 �9]

�� 87.093 Information Notice to Owner; rules; contents; when notice must be delivered; effect of failure to deliver notice; penalty. (1) The Construction Contractors Board shall adopt by rule a form entitled �Information Notice to Owner� which shall describe, in nontechnical language and in a clear and coherent manner using words in their common and everyday meanings, the pertinent provisions of the Construction Lien Law of this state and the rights and responsibilities of an owner of property and an original contractor under that law. The �Information Notice to Owner� shall include signature lines for the contractor and the property owner. The rights and responsibilities described in the form shall include, but not be limited to:

�� (a) Methods by which an owner may avoid multiple payments for the same materials and labor;

�� (b) The right to file a complaint against a licensed contractor with the board and, if appropriate, to be reimbursed from the contractor�s bond filed under ORS chapter 701; and

�� (c) The right to receive, upon written request therefor, a statement of the reasonable value of materials, equipment, services or labor provided from the persons providing the materials, equipment, services or labor at the request of an original contractor and who have also provided notices of right to a lien.

�� (2) Each original contractor shall deliver a copy of the �Information Notice to Owner� adopted by the board under this section to:

�� (a) The first purchaser of residential property constructed by the contractor and sold before or within the 75-day period immediately following the completion of construction; and

�� (b) The owner or an agent of the owner, other than an original contractor, at the time of signing a residential construction or improvement contract with the owner.

�� (3) The contractor shall deliver the �Information Notice to Owner� personally, by registered or certified mail or by first class mail with certificate of mailing.

�� (4) This section applies only to a residential construction or improvement contract for which the aggregate contract price exceeds $2,000. If the price of a residential construction or improvement contract was initially less than $2,000, but during the course of the performance of the contract exceeds that amount, the original contractor shall mail or otherwise deliver the �Information Notice to Owner� not later than five days after the contractor knows or should reasonably know that the contract price will exceed $2,000.

�� (5) Notwithstanding subsections (2) and (4) of this section, the original contractor need not send the owner an �Information Notice to Owner� if the owner is a contractor licensed with the board under ORS chapter 701.

�� (6) Notwithstanding ORS 87.010 and 87.030, if an original contractor does not deliver an owner or agent with an �Information Notice to Owner� as required under subsections (2) to (4) of this section, the original contractor may not claim any lien created under ORS 87.010 upon any improvement, lot or parcel of land of the owner for labor, services or materials supplied under the residential construction or improvement contract for which the original contractor failed to deliver the required �Information Notice to Owner�.

�� (7) If an original contractor does not deliver an �Information Notice to Owner� to an owner or agent as required under subsection (2) of this section, the board may suspend the license of the original contractor for any period of time that the board considers appropriate or impose a civil penalty of not more than $5,000 upon the original contractor as provided in ORS 701.992.

�� (8) As used in this section:

�� (a) �Residential construction or improvement� means the original construction of residential property and the repair, replacement, remodeling, alteration or improvement of residential property.

�� (b) �Residential construction or improvement contract� means a written agreement between an original contractor and an owner for the performance of a residential construction or improvement and all labor, services and materials furnished and performed under the agreement.

�� (c) �Residential property� includes, but is not limited to, a residential dwelling and the driveways, swimming pools, terraces, patios, fences, porches, garages, basements, other structures and land that are adjacent or appurtenant to a residential dwelling. [1981 c.757 �9; 1983 c.757 �3; 1985 c.596 �3; 1987 c.662 �18; 1991 c.67 �14; 1995 c.771 �7; 1999 c.402 �1; 2007 c.648 �16; 2007 c.793 �3; 2009 c.408 �1]

�� 87.095 [Repealed by 1975 c.648 �72]

�� 87.100 [Amended by 1973 c.54 �1; repealed by 1975 c.648 �72]

�� 87.105 [Repealed by 1975 c.648 �72]

�� 87.110 [Repealed by 1975 c.648 �72]

�� 87.115 [Repealed by 1975 c.648 �72]

�� 87.120 [Repealed by 1975 c.648 �72]

�� 87.122 [1955 c.438 ��1,2; repealed by 1975 c.648 �72]

�� 87.125 [Amended by 1967 c.327 �1; 1973 c.307 �1; repealed by 1975 c.648 �72]

�� 87.130 [Amended by 1961 c.519 �1; repealed by 1975 c.648 �72]

�� 87.135 [Repealed by 1975 c.648 �72]

�� 87.140 [Repealed by 1975 c.648 �72]

LIENS GENERALLY

�� 87.142 Definitions for ORS 87.142 to 87.490 and 87.910. As used in ORS 87.142 to 87.490 and 87.910, unless the context otherwise requires:

�� (1) �Animal� means any mammal, bird, fish, reptile, amphibian or insect.

�� (2) �Chattel� includes movable objects that are capable of being owned, but does not include personal rights not reduced to possession but recoverable by an action at law or suit in equity, money, evidence of debt and negotiable instruments.

�� (3) �Electric cooperative� means a cooperative corporation organized under ORS chapter 62 the principal business of which is the construction, maintenance and operation of an electric transmission and distribution system for the benefit of the members of that cooperative corporation and which has no other principal business or purpose.

�� (4) �Electric utility� means a corporation engaged in distributing electricity, directly or indirectly, to or for the public and regulated by the Public Utility Commission under ORS chapter 757.

�� (5) �Excavation� means a shaft, tunnel, incline, adit, drift or other excavation designed for the use, working or draining of a mine.

�� (6) �Fair market value� means, with respect to a chattel sold at a foreclosure sale under this chapter, the price of chattels of the same kind and condition prevailing in the county of sale at the time of sale.

�� (7) �Fungible chattels� means chattels of which any unit is the equivalent of any other unit.

�� (8) �Improvement� means a road, tramway, trail, flume, ditch, pipeline, building, structure, superstructure or boardinghouse used for or in connection with the working or development of a mine.

�� (9) �Irrigation� includes the use of canals, ditches, pipes, pumps, spraying apparatus and other mechanical devices to water land artificially.

�� (10) �Mine� means a mine, lode, mining claim or deposit that contains or may contain coal, metal or mineral of any kind.

�� (11) �Mortgagee� means a person who has a valid subsisting mortgage of record or trust deed of record securing a loan upon any real property to be charged with a lien under ORS 87.352 to 87.362.

�� (12) �Nursery stock� means fruit trees, fruit-tree stock, nut trees, grapevines, fruit bushes, rose bushes, rose stock, forest and ornamental trees, and shrubs both deciduous and evergreen, florists� stock and cuttings, scions and seedlings of fruit or ornamental trees and shrubs, and all other fruit-bearing plants and parts thereof and plant products for propagation or planting.

�� (13) �Owner� includes:

�� (a) A person who has title to a chattel or real property;

�� (b) A person who is in possession of a chattel or real property under an agreement for the purchase thereof, whether the title thereto is in the person or the vendor of the person; or

�� (c) A person who is in lawful possession of a chattel or real property.

�� (14) �Person� includes individuals, corporations, associations, firms, partnerships and joint stock companies.

�� (15) �Security interest� means an interest in a chattel reserved or created by an agreement that secures payment or performance of an obligation as more particularly defined by ORS 71.2010 (2)(jj).

�� (16) �Timbers� means sawlogs, spars, piles, felled logs and other wood growth that has been cut or separated from land.

�� (17) �Wood products� includes lumber, slabwood, plywood and other wood products produced from timbers. The term does not include paper or products made from paper. [1975 c.648 �1; 1999 c.940 �1; 2001 c.301 �5; 2009 c.181 �104; 2025 c.33 �101]

�� 87.145 [Repealed by 1975 c.648 �72]

�� 87.146 Priorities of liens. (1) Except as provided in subsection (2) of this section:

�� (a) Liens created by ORS 87.152 to 87.162 have priority over all other liens, security interests and encumbrances on the chattel subject to the lien, except that taxes and duly perfected security interests existing before chattels sought to be subjected to a lien created by ORS 87.162 are brought upon the leased premises have priority over that lien.

�� (b) Liens created by ORS 87.216 to 87.232 have equal priority. When a judgment is given foreclosing two or more liens created by ORS 87.216 to 87.232 upon the same chattel, the debts secured by those liens shall be satisfied pro rata out of the proceeds of the sale of the property.

�� (c) With regard to the same chattel, a lien created by ORS 87.216 to 87.232 has priority over a nonpossessory chattel lien created by any other law.

�� (d) With regard to the same chattel, a lien created by ORS 87.216 is junior and subordinate to a duly perfected security interest in existence when the notice of claim of such lien is filed under ORS 87.242.

�� (e) With regard to the same chattel, a lien created by ORS 87.222 to 87.232 has priority over a security interest created under ORS chapter 79A.

�� (2)(a) A personal property tax lien, a chattel lien claimed by the State of Oregon, its agencies or any political subdivision thereof, and a chattel lien claimed by a state officer or employee during the course of official duty pursuant to law have priority over a lien created by ORS 87.152 to 87.162 and 87.216 to 87.232.

�� (b) A duly perfected security interest of a lessor in any portion of crops or animals to pay or secure payment of rental of the premises upon which those crops or animals are grown, not to exceed 50 percent of those crops or animals, shall not be subject to the lien created by ORS 87.226. [1975 c.648 �2; 2003 c.576 �335]

�� 87.150 [Repealed by 1975 c.648 �72]

POSSESSORY CHATTEL LIENS

�� 87.152 Possessory lien for labor or material expended on chattel; requirement for surety bond. (1) Except as provided in subsections (2) and (3) of this section, a person that makes, alters, repairs, transports, stores, pastures, cares for, provides services for, supplies materials for or performs labor on a chattel at the request of the owner or lawful possessor of the chattel has a lien on the chattel in the possession of the person for the reasonable or agreed charges for labor, materials or services of the person, and the person may retain possession of the chattel until the charges are paid.

�� (2)(a) Except as provided in subsection (3) of this section, a person may not create, attach, assert or claim a possessory lien on a motor vehicle, as defined in ORS

ORS 87.930

87.930�� Secretary of State to furnish list of persons who have filed financing statement

CONSTRUCTION LIENS

�� 87.001 Short title. ORS 87.001 to 87.060 and 87.075 to 87.093 shall be known and may be cited as the Construction Lien Law. [1975 c.466 �1]

�� 87.005 Definitions for ORS 87.001 to 87.060 and 87.075 to 87.093. As used in ORS 87.001 to 87.060 and 87.075 to 87.093:

�� (1) �Commencement of the improvement� means the first actual preparation or construction upon the site or the first delivery to the site of materials of such substantial character as to notify interested persons that preparation or construction upon the site has begun or is about to begin.

�� (2) �Construction� means creating or making an improvement or performing an alteration, partial construction or repair in and upon an improvement.

�� (3) �Construction agent� means a contractor, architect, builder or other person having charge of construction or preparation.

�� (4) �Contractor� means a person that contracts on predetermined terms to be responsible for performing all or part of a job of preparation or construction in accordance with established specifications or plans, retaining control of the means, method and manner of accomplishing the desired result, and that provides:

�� (a) Labor at the site; or

�� (b) Materials, supplies and labor at the site.

�� (5) �Improvement� means a building, wharf, bridge, ditch, flume, reservoir, well, tunnel, fence, street, sidewalk, machinery, aqueduct or other structure or superstructure.

�� (6) �Mortgagee� means a person:

�� (a)(A) Whose name and address appear as mortgagee or beneficiary in a mortgage of record or a trust deed of record that is recorded under ORS 205.234 with the county clerk of the county within which the property or improvement is located; and

�� (B) That has a valid subsisting mortgage of record or trust deed of record that secures a loan upon land or upon an improvement; or

�� (b)(A) Whose name and address appear as the assignee of the mortgagee or beneficiary in an assignment of mortgage of record or a trust deed of record that is recorded under ORS 205.234 with the county clerk of the county within which the property or improvement is located; and

�� (B) That has a valid subsisting mortgage of record or trust deed of record that secures a loan upon land or upon an improvement.

�� (7) �Original contractor� means a contractor that has a contractual relationship with the owner.

�� (8) �Owner� means:

�� (a) A person that is or claims to be the owner in fee or a lesser estate of the land on which preparation or construction is performed;

�� (b) A person that entered into a contract to purchase an interest in the land or improvement sought to be charged with a lien created under ORS 87.010; or

�� (c) A person that has a valid lease on land or an improvement and that possesses an interest in the land or improvement by reason of the lease.

�� (9) �Preparation� means excavating, surveying, landscaping, demolishing or detaching existing structures or leveling, filling in or otherwise making land ready for construction.

�� (10) �Site� means the land on which construction or preparation is performed.

�� (11) �Subcontractor� means a contractor that has no direct contractual relationship with the owner. [Amended by 1957 c.651 �1; 1973 c.671 �1; 1975 c.466 �2; 1977 c.596 �1; 2005 c.22 �52; 2011 c.505 �1]

�� 87.007 Protection from construction liens perfected after sale of residential property completed; requirements; seller options; rules; delivery of form to purchaser; penalty; damages; defenses. (1) This section applies to a sale of the following residential property:

�� (a) A new single family residence or a single family residence where the sales price is $50,000 or more for original construction or the contract price is $50,000 or more for improvements to the residence completed within three months before the date the property is sold.

�� (b) A new condominium unit or a condominium unit where the sales price is $50,000 or more for original construction or the contract price is $50,000 or more for improvements to the condominium unit completed within three months before the date the property is sold. As used in this paragraph, �condominium unit� has the meaning given that term in ORS 100.005.

�� (c) A new residential building or a residential building where the sales price is $50,000 or more for original construction or the contract price is $50,000 or more for improvements to the residential building completed within three months before the date the property is sold. As used in this paragraph, �residential building� means a building or structure that contains not more than four dwelling units capable of use as residences or homes.

�� (2) An owner of record at the time the owner of record sells residential property to a purchaser shall protect the purchaser from claims of lien that arise before the date on which the sale is complete but that may become perfected under ORS

ORS 96.060

96.060�� Removal of fence built on another�s land

�� 96.010 Sharing expenses of partition fence. Whenever there is a fence that is in all respects such as a good husbandman ought to keep on the line of any land, and the person owning or holding a lease for one or more years of the land adjoining thereto makes or has an enclosure on the opposite side of such fence, so that such fence answers the purpose of enclosing the latter�s field, meadow, lot or other enclosure, the latter shall pay the owner of such fence already erected, one-half of the value of so much thereof as serves as a partition fence, such value to be determined by the parties. If they cannot agree, the party aggrieved and entitled to compensation for constructing or repairing the partition fence shall be entitled to recover from the other in a civil action the value of one-half of such fence or half of the value of repairing it before any court having competent jurisdiction in the name of and for the use of the owner or lessee of such fence, together with disbursements and costs of action. The prevailing party shall also recover attorney fees at trial and on appeal, to be adjudged by the court. [Amended by 1981 c.897 �30]

�� 96.020 Failure to repair partition fence. If any party neglects to repair or rebuild such partition fence as is mentioned in ORS 96.010 or the portion thereof which the party ought to maintain, the aggrieved party may complain to a justice of the peace, who, after due notice to each party, shall examine the fence and if the justice of the peace determines it to be insufficient the justice of the peace shall so signify in writing to the delinquent party and direct the latter to repair or rebuild it within such time as the justice of the peace adjudges to be reasonable.

�� 96.030 Repairs by complainant. If a partition fence is not repaired or rebuilt according to the directive mentioned in ORS 96.020, the complainant may repair or rebuild it and recover the value thereof from the delinquent party before any court of competent jurisdiction. The court may award reasonable attorney fees to the prevailing party in an action under this section. [Amended by 1981 c.897 �31; 1995 c.618 �54]

�� 96.040 Removal of partition fence. (1) In all cases where the enclosures of two or more persons are divided by a partition fence of any kind and either of the parties thinks it proper to vacate the part of the enclosure of that party or to make a lane or passage between the adjoining enclosures, that party is at liberty to remove the share of that party or part of the partition fence on giving six months� notice in writing of such intention to the party owning or occupying the adjoining enclosure, or to the agent of the party, if such party is not a resident of the county.

�� (2) When one party ceases to improve the land of the party or opens the enclosure, the party shall not take away any part of the partition fence belonging to the party and adjoining the next enclosure if the owner or occupant of the adjoining enclosure, within two months after it is ascertained, pays therefor such sum as is agreed upon by the parties or, if they fail to agree, such sum as is adjudged by two disinterested persons, selected by the parties, which two persons, if they fail to agree, may select a third person, and the three persons shall determine such sum. Such partition fence shall not be removed when by so doing it will expose to destruction any crops in such enclosures.

�� 96.050 Gate in partition fence. In all cases where a partition fence exists between the land of two or more persons and a gate is established for passage through their lands, any other person may pass through the gate free, doing no unnecessary damage, and if any such person leaves any such gate open or does other damage to the premises, the person is liable to the aggrieved party in double damages.

�� 96.060 Removal of fence built on another�s land. (1) When any person has built or builds, by mistake and in good faith, a fence on the land of another, such person or the successor in interest of the person may, within one year from the time of discovering the mistake, go upon the land of the other person and remove the fence, doing no unnecessary damage thereby.

�� (2) The occupant or owner of land whereon a fence has been built by mistake shall not throw down or in any manner disturb such fence during the period which the person who built it is authorized by subsection (1) of this section to remove it.

�� 96.070 [Repealed by 1981 c.111 �2]

ORS 99.060

99.060�� Effect of failure to remove logs from another�s land

�� 99.010 Procedure for reclaiming property placed on another�s land by high water. When the fence rails or other property of any person in this state is removed by high water and lodged upon the land of another, the owner of the property removed may, except as provided in ORS 99.050, proceed upon the premises where such property is lodged within four months after the removal. If the proprietor of the land refuses to deliver up the property, the parties shall each select an arbitrator who shall examine or hear evidence upon all the circumstances and facts and determine the case. If the arbitrators cannot agree, they shall select an umpire, and the decision of a majority of them shall be final between the parties.

�� 99.020 Oath of arbitrators. Before the arbitrators proceed as provided in ORS 99.010, they shall be sworn to discharge their duties faithfully, impartially and according to law by a person having power to administer oaths.

�� 99.030 Procedure when five or more claimants. When five or more persons claim property as provided in ORS 99.010, they shall give notice to all interested of the time and place of such arbitration. Upon hearing all the facts and circumstances in the case, the arbitrators shall award to each claimant such a portion of the property as the arbitrators deem reasonable and just.

�� 99.040 Entry to reclaim not a trespass. It is not considered a trespass for any person to go upon the land of another for the purpose mentioned in ORS 99.010 to 99.030 if such person shall, if practicable, go upon such route as will do the least possible injury to the land.

�� 99.050 Recovery of any part of tree from private property. Any person may enter upon private property where any part of a fallen tree belonging to or under the control of such person has been cast by freshets or high waters, for the purpose of recovering and reclaiming the same. Before entering the land the person shall post a bond or an irrevocable letter of credit issued by an insured institution as defined in ORS 706.008 with the Public Utility Commission, to be approved by the commissioner, in such sum as the commissioner may provide. The bond or irrevocable letter of credit shall run to the Public Utility Commission to insure to any landowner the payment of any damage resulting from removal or reclaiming of such property. The owner of the land shall be compensated for any damages resulting from the removal. [Amended by 1991 c.331 �25; 1997 c.631 �399]

�� 99.060 Effect of failure to remove logs from another�s land. If any person fails to remove and reclaim logs, timber or any part of a fallen tree within one year after it is cast upon private property as provided in ORS 99.050, it is deemed abandoned and the title thereto vests in the person entitled to the possession of the land upon which the same is found.

�� 99.070 [Repealed by 1995 c.733 �74]

The law belongs to the people. Georgia v. Public.Resource.Org, 590 U.S. (2020)