Or. Admin. Code § 736-016-0020

Current through Register Vol. 63, No. 10, October 1, 2024

Section 736-016-0020 - Special Use Permit Conditions and Requirements

(1) Upon the approval of the permit application, the department will issue a special use permit with the terms of permit to be strictly observed by the applicant. The permit shall at a minimum require that:

(a) The applicant assumes full responsibility and liability for damages or injury to any member of the public arising out of the activity or use, including personal injury and property damage, and for any damage to park property, including natural and cultural resources;

(b) The applicant shall indemnify and hold harmless the State of Oregon, its Parks and Recreation Commission and members thereof, the Oregon Parks and Recreation Department, and its officers, agents and employees against any and all damages, claims or causes of action arising from or in connection with the activity or use;

(c) Prior to the permit being issued, the applicant shall provide the department proof of current liability insurance coverage which names the State of Oregon, its Parks and Recreation Department, its Parks and Recreation Commission, and the officers, agents and employees thereof as additional insureds. The insurance coverage shall have limits of not less than $1,000,000. For activities or uses that are assessed as having high risk exposure (e.g. public fire works displays), insurance of $4,000,000 shall be required, per the maximum level of the State's Tort Claim Limits, in ORS 30.271. The department safety and risk manager may reduce or waive insurance limits if one or more of the following apply:

(A) Insurance is not required if the applicant is a Cooperative Association with a current agreement under OAR 736-002-0010 and the activity or use being permitted has been listed on their annual plan for the current year;

(B) Insurance is not required if the activity or use being permitted is being conducted in partnership with OPRD through an agreement with the applicant;

(C) Commercial insurance is not required if the applicant is a public agency; or

(D) Insurance requirements may be reduced if approved by the OPRD Safety & Risk Manager based on a risk assessment considering the level of risk and measures that will be put in place to reduce risk;

(d) If required as a condition of the special use permit, the applicant shall deposit with the department a cash deposit, bond or savings certificate in an amount as specified in the approved permit at least 72 hours prior to the planned activity or use. This deposit, bond or savings certificate shall be security for the applicant's faithful performance of all permit conditions and to cover any damages sustained by the department as a result of breach. The department shall determine the amount of security based on exposure and potential for damages from the activity or use.

(2) The department will not consider an application for a special use permit unless:

(a) The applicant or its principal representative is at least 18 years of age, or 21 years of age if alcohol is to be served at the activity or use; and

(b) The applicant has satisfied all outstanding liabilities and requirements due to the department and arising out of any prior activity or use involving park land.

(3) A person may not assign a special use permit to any other person.

(4) The department may, in its discretion, cancel a special use permit effective immediately on notice to the applicant in the event of any emergency, significant law enforcement problem, or substantial threat to public welfare, safety or property arising from or affecting the activity. The department may cancel a special use permit effective immediately upon any breach of other permit conditions.

(5) The department may stop the activity or use, and require the applicant to clear the activity or use area of visitors, in the event of any emergency, significant law enforcement problem, substantial threat to public safety or park resources or a violation of park rules arising out of or related to the activity or use.

(6) The applicant shall terminate the activity or use immediately upon receipt of notice from the department that the permit has been cancelled and shall thereupon be responsible for the immediate cleanup and restoration of the park area.

(7) The department retains the right to enter onto any park land at any time for purposes of inspection or management.

(8) The permittee shall dispose of all solid and liquid waste in manner approved by the department and shall not permit debris, garbage or other refuse to accumulate or be discharged into any waterway or ocean shore area.

(9) The permittee shall not cut, destroy, remove, or permit to be cut, destroyed or removed any vegetation on park land except with the written permission of the department.

(10) The permittee shall conduct all operations within the permit area in a manner which protects natural and cultural resources, protects water quality, and does not contribute to soil erosion or growth of noxious weeds.

Or. Admin. Code § 736-016-0020

PR 11-1981(Temp), f. & ef. 6-26-81; PR 15-1981, f. & ef. 11-20-81; PR 11-1986, f. & ef. 7-9-86; PR 1-1990, f. & cert. ef. 5-14-90; PR 5-1992, f. & cert. ef. 9-24-92; PRD 7-2012, f. & cert. ef. 10-17-12; PRD 7-2012, f. & cert. ef. 10-17-12

Stat. Auth.: ORS 184 & 390.124

Stats. Implemented: ORS 390.111, 390.121 & 390.124