1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
83rd OREGON LEGISLATIVE ASSEMBLY--2025 Regular Session
A-Engrossed
House Bill 2925
Ordered by the House March 18
Including House Amendments dated March 18
Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of Governor Tina Kotek for
State Parks and Recreation Department)
SUMMARY
The following summary is not prepared by the sponsors of the measure and is not a part of the body thereof subject
to consideration by the Legislative Assembly. It is an editor’s brief statement of the essential features of the
measure. The statement includes a measure digest written in compliance with applicable readability standards.
Digest: The Act changes the law for permits for some activities on the ocean shore. (Flesch
Readability Score: 71.1).
Modifies existing permitting procedures for ocean shore improvements. Authorizes the State
Parks and Recreation Department to issue general authorization permits for limited activities on the
oceanshore.
A BILL FOR AN ACT
Relating to ocean shore permitting; creating new provisions; and amending ORS 390.650, 390.659,
390.661, 390.663, 390.666 and 390.725.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 390.650 is amended to read:
390.650. (1) Any person who desires a permit to make an improvement on any property subject
to ORS 390.640 shall apply in writing to the State Parks and Recreation Department on a form and
in a manner prescribed by the department, stating the kind of and reason for the improvement.
[(2) Upon receipt of a properly completed application, the State Parks and Recreation Department
shall provide notice of the proposal by causing notice of the application to be posted at or near the
location of the proposed improvement. The notice shall include the name of the applicant, a description
of the proposed improvement and its location and a statement of the time within which interested per-
sons may file a request with the department for a hearing on the application. The department shall give
notice of any application, hearing or decision to any person who files a written request with the de-
partment for such notice.]
(2)(a) The department shall determine whether an application is complete within 30 days
of receiving the application. If the department determines that an application is complete,
the department shall:
(A) Post written notice of the application at or near the location of the proposed im-
provement.
(B) Provide written notice and the opportunity for public hearing for 30 days to affected
federal and state agencies, local governments, federally recognized Indian tribes in Oregon
and the public.
(C) Provide written notice to:
(i) All landowners whose land is identified in the application;
(ii) All landowners whose land is adjacent to or directly affected by the proposed im-
NOTE:Matter in boldfaced type in an amended section is new; matter [italic and bracketed] is existing law to be omitted.
New sections are in boldfaced type.
LC 431 A-Eng. HB 2925
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
provement or associated activities; and
(iii) All persons who file a written request with the department for such notice.
(b) The notice under paragraph (a) of this subsection shall include the name of the ap-
plicant, a description of the proposed improvement, the location of the proposed improve-
ment and a statement of the time period within which interested persons may provide
comments or file with the department a request for a hearing on the application. The de-
partment shall give notice of any application, hearing or decision to a person who files a
written request with the department for such notice.
(c) If the department determines that an application is not complete, the department
shall notify the applicant in writing of the incomplete status and provide an explanation of
the deficiencies of the application.
(3)(a) Within 30 days after the date of posting the notice required in subsection (2) of this sec-
tion, the applicant or 10 or more other interested persons may file a written request with the [State
Parks and Recreation Department] department for a hearing on the application. If such a request
is filed, the department shall set a time for a hearing to be held by the department. The department
shall cause notice of the hearing to be posted in the manner provided in subsection (2) of this sec-
tion. The notice shall include the time and place of the hearing. [After the hearing on an application
or, if a hearing is not requested, after the time for requesting a hearing has expired, the department
shall grant the permit if approval would not be adverse to the public interest.] ORS chapter 183 does
not apply to a hearing or decision under this section.
(b) Any public body, as defined in ORS 174.109, federal agency or federally recognized
Indian tribe in Oregon requested by the department to comment on an application for a
permit must submit its comments to the department not more than 30 days after receiving
the request for comment. If a public body, federal agency or tribe does not comment on the
application within 30 days, the department shall assume that the public body, federal agency
or tribe has no objection.
(4)(a) In acting on an application, the [State Parks and Recreation Department] department shall
take into consideration the matters described by ORS 390.655. [The department shall act on an ap-
plication within 60 days after the date of receipt or, if a hearing is held, within 45 days after the date
of the hearing.] The department shall issue a permit decision within 90 days of the date that
the department determines that the application is complete, unless:
(A) The period following a scheduled hearing would provide less than 45 days for a deci-
sion, in which case the decision shall be made within 45 days after the date of the hearing;
(B) The applicant and the department agree in writing to a longer period of time for the
department to make a permit decision; or
(C) The department determines that an extension is reasonably necessary to coordinate
authorization for the use of public lands with the permit decision.
[(a)] (b) The decision of the department shall include written findings setting forth the specific
reasons for the approval or denial and, if the application is approved, any conditions the department
considers necessary to maintain the standards established under ORS 390.655.
[(b) A copy of the written findings shall be furnished to the applicant at the time of approval or
denial of the application by the department as provided in this subsection.]
(c) The department shall provide a copy of the written findings to the applicant at the
time the department approves or denies the application.
(5) Subsections (2) and (3) of this section do not apply to:
[2] A-Eng. HB 2925
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(a) An application for a permit for the repair, replacement or restoration, in the same location,
of an authorized improvement or improvement existing on or before May 1, 1967, if the repair, re-
placement or restoration is commenced within three years after the damage to or destruction of the
improvement being repaired, replaced or restored occurs.
(b) An application submitted under section 3 of this 2025 Act.
[(6) The State Parks and Recreation Department may, upon application therefor, either written or
oral, grant an emergency permit for a new improvement, dike, revetment, or for the repair, replacement
or restoration of an existing, or authorized improvement where property or property boundaries are in
imminent peril of being destroyed or damaged by action of the Pacific Ocean or the waters of any bay
or river of this state. Said permit may be granted by the department without regard to the provisions
of subsections (1), (2), (3), (4) and (5) of this section. Any emergency permit granted hereunder shall
be reduced to writing by the department within 10 days after granting the same with a copy thereof
furnished to the applicant.]
[(7) Except as provided by subsection (8) of this section, each application under subsection (1) of
this section shall be accompanied by a fee to cover, in part, the expenses of the department in investi-
gating, reviewing and issuing the improvement permits. The application fee for each permit shall be:]
[(a) $400 for any project for which the construction value is less than $2,500.]
[(b) $400 for any project for which the construction value is equal to or greater than $2,500, plus
an additional amount equal to three percent of the construction value over $2,500.]
[(8) The department may waive or reduce the fee required by subsection (7) of this section for an
application submitted by a public body, as that term is defined by ORS 174.109, or tribal government
if the primary purpose of the improvement is:]
[(a) Restoring, conserving or protecting the natural, resource, scenic, recreational, cultural or eco-
nomic values of the ocean shore;]
[(b) Restoring native beach or dune habitat contributing to the recovery of sensitive species, in-
cluding state and federally listed threatened or endangered species; or]
[(c) Improving native biological values of the ocean shore.]
(6)(a) Notwithstanding subsection (1) of this section, the department may issue an
emergency permit to a person to alter the ocean shore in response to an active erosion event
or natural hazard for the purpose of making repairs or providing immediate and temporary
measures to prevent imminent irreparable harm, injury or damage to persons or existing
infrastructure.
(b) In accordance with the policy and standards in ORS 390.610 and 390.655, the depart-
ment shall adopt rules to administer this subsection, including but not limited to rules es-
tablishing:
(A) The process for requesting and approving emergency authorizations;
(B) Definitions of “emergency,” “alter,” “temporary measures” and other necessary
terms;and
(C) Requirements necessary to avoid or minimize impacts to the ocean shore, ocean
shore resources and affected property.
(7)(a) The department shall adopt rules to establish fees for:
(A) Ocean shore improvement permits issued under this section;
(B) Emergency permits issued under this section; and
(C) General authorization permits issued under section 3 of this 2025 Act.
(b) The department shall establish fees under this subsection in consideration of recovery
[3] A-Eng. HB 2925
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
of administrative costs to the department, the type of applicant, the public benefit associated
with the project, the construction value of the project, the impact to the ocean shore asso-
ciated with the project type and mitigation costs associated with damage to the ocean shore
or use of the ocean shore.
[(9)] (8) Fees received under this section shall be deposited into a subaccount of the State Parks
and Recreation Department Fund. Such fees are continuously appropriated to the department for the
purpose of carrying out the ocean shore program.
[(10)] (9) As used in this section, “construction value” includes but is not limited to the costs
of labor and equipment rental. [For a project involving only the movement of sand or similar material
on the ocean shore, “construction value” shall equal the costs of labor, fees and equipment rental.]
SECTION 2. Section 3 of this 2025 Act is added to and made a part of ORS 390.620 to
390.676.
SECTION 3. (1) Notwithstanding ORS 390.640, the State Parks and Recreation Depart-
ment may, consistent with the policy in ORS 390.610 and standards in ORS 390.655, establish
by rule a general authorization permit for improvements on the ocean shore if the depart-
ment determines that the activities subject to the permit are substantially similar in nature,
have effects that are predictable and:
(a) Restore, conserve, enhance or protect the natural, economic, scenic, recreational or
cultural values of the ocean shore;
(b) Restore native beach or dune habitat contributing to the recovery of sensitive species,
including state or federally listed threatened or endangered species;
(c) Improve native biological values of the ocean shore; or
(d) Cause no more than temporary or minimal impact to the ocean shore or ocean shore
resources.
(2) A general authorization permit may be granted on a statewide or geographic basis.
(3) The department shall condition any general authorization permit upon actions neces-
sary to minimize impacts to the ocean shore or ocean shore resources.
(4) The department shall provide notice of and opportunity for public hearing on any
proposed general authorization permit to affected federal and state agencies, local govern-
ments, federally recognized Indian tribes in Oregon and the public.
(5) A person proposing to conduct an action under a general authorization permit shall:
(a) Submit an application to the department on a form provided by the department.
(b) Pay to the department the applicable fee specified by the department under ORS
390.650.
(6) The department may require public notice and comment before issuing an authori-
zation for an action under a general authorization permit if the department determines that
notice and comment is in the public interest. The department may adopt rules to establish
the procedures for notice and comment under this subsection.
(7) Upon receipt of a complete application, and within the time period specified by the
department by rule, the department may:
(a) Approve the general authorization permit if the department determines the applica-
tion satisfies all the applicable requirements;
(b) Deny the general authorization permit if the department determines the application
does not satisfy all the applicable requirements; or
(c) Approve the general authorization permit subject to additional or modified require-
[4] A-Eng. HB 2925
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
ments imposed by the department that are designed to protect ocean shore resources.
(8) The department shall amend or rescind a general authorization permit if the depart-
ment determines that the activities conducted under the permit are inconsistent with this
section or any rules adopted under this section.
SECTION 4. ORS 390.659 is amended to read:
390.659. (1) Any applicant whose application for a permit under ORS 390.650 or section 3 of
this 2025 Act has been denied or who objects to any condition imposed on the permit or any person
aggrieved or adversely affected by the granting of a permit may, within 30 days after the denial of
the permit or the imposition of the condition, request a hearing from the State Parks and Recreation
Director.
(2) Upon receipt of a request for hearing from the applicant or if the director finds that the
person other than the applicant making the request has a legally protected interest that is adversely
affected by the grant of the permit, the director shall set the matter down for hearing within 30 days
after receipt of the request. The hearing shall be conducted as a contested case in accordance with
ORS 183.415 to 183.430, 183.440 to 183.460 and 183.470. The applicant shall be a party to any con-
tested case hearing requested by a person other than the applicant.
(3) Within 45 days after the hearing the director shall enter an order containing findings of fact
and conclusions of law. The order shall rescind, affirm or modify the director’s original order. Ap-
peals from the director’s final order may be taken to the Court of Appeals in the manner provided
by ORS 183.482.
(4) A permit granted by the director may be suspended by the director during the pendency of
the proceedings before the director and any appeal. The director shall not suspend the permit unless
the person aggrieved or adversely affected by grant of permit makes a showing before the director
by clear and convincing evidence that commencement or continuation of the improvement would
cause irremediable damage and would be inconsistent with ORS 390.610, 390.620 to 390.676, 390.690
and 390.705 to 390.770.
SECTION 5. ORS 390.661 is amended to read:
390.661. The improvement on any property within the ocean shore without a permit issued under
ORS 390.650 or section 3 of this 2025 Act, or in a manner contrary to the conditions set out in the
permit, is a public nuisance.
SECTION 6. ORS 390.663 is amended to read:
390.663. (1) If the State Parks and Recreation Director determines that any improvement is being
made on property within the ocean shore without a permit issued under ORS 390.650 or section 3
of this 2025 Act, or in a manner contrary to the conditions set out in the permit, the director may:
(a) Investigate, hold hearings, make orders and take action, as provided in ORS 390.620 to
390.676, as soon as possible.
(b) For the purpose of investigating conditions relating to such improvements, through the em-
ployees or the duly authorized representatives of the State Parks and Recreation Department, enter
at reasonable times upon any private or public property.
(c) Conduct public hearings in accordance with ORS chapter 183.
(d) Publish findings and recommendations as they are developed relative to public policies and
procedures necessary for the correction of conditions or violations of ORS 390.620 to 390.676.
(e) Give notice of any proposed order relating to a violation by personal service or by mailing
the notice by registered or certified mail to the person or governmental body affected. Any person
aggrieved by a proposed order of the director may request a hearing within 20 days of the date of
[5] A-Eng. HB 2925
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
personal service or mailing of the notice. Hearings shall be conducted under the provisions of ORS
chapter 183 applicable to contested cases, and judicial review of final orders shall be conducted in
the Court of Appeals according to ORS 183.482. If no hearing is requested or if the party fails to
appear, a final order shall be issued upon a prima facie case on the record of the department.
(f) Take appropriate action for the enforcement of any rules or final orders. Any violation of
ORS 390.620 to 390.676 or of any rule or final order of the director under ORS 390.620 to 390.676
may be enjoined in civil abatement proceedings brought in the name of the State of Oregon. In any
such proceedings, the director may seek and the court may award a sum of money sufficient to
compensate the public for any destruction or infringement of any public right of navigation, fishery
or recreation resulting from such violation. Proceedings brought by the director shall set forth, if
applicable, the dates of notice and hearing and the specific rule or order of the director, together
with the facts of noncompliance, the facts giving rise to the public nuisance and a statement of the
damages to any public right of navigation, fishery or recreation, if any, resulting from such vio-
lation.
(2) In addition to the administrative action the director may take under subsection (1) of this
section, the director may enter an order requiring any person to cease and desist from any violation
if the director determines that such violation presents an imminent and substantial risk of injury,
loss or damage to the ocean shore.
(3) An order under subsection (2) of this section:
(a) May be entered without prior notice or hearing.
(b) Shall be served upon the person by personal service or by registered or certified mail.
(c) Shall state that a hearing will be held on the order if a written request for hearing is filed
by the person subject to the order within 10 days after receipt of the order.
(d) Shall not be stayed during the pendency of a hearing conducted under subsection (4) of this
section.
(4) If a person subject to an order under subsection (2) of this section files a timely demand for
hearing, the director shall hold a contested case hearing according to the applicable provisions of
ORS chapter 183. If the person fails to request a hearing, the order shall be entered as a final order
upon prima facie case made on the record of the department.
(5) Neither the director nor any duly authorized representative of the department shall be liable
for any damages a person may sustain as a result of a cease and desist order issued under sub-
section (2) of this section.
(6) The state and local police shall cooperate in the enforcement of any order issued under
subsection (2) of this section and shall require no further authority or warrant in executing or en-
forcing such order. If any person fails to comply with an order issued under subsection (2) of this
section, the circuit court of the county in which the violation occurred or is threatened shall compel
compliance with the director’s order in the same manner as with an order of that court.
(7) As used in this section, “violation” means making an improvement on property within the
ocean shore without a permit or in a manner contrary to the conditions set out in a permit issued
under ORS 390.650 or section 3 of this 2025 Act.
SECTION 7. ORS 390.666 is amended to read:
390.666. If the State Parks and Recreation Director finds that a person or governmental body
holding a permit issued under ORS 390.650 or section 3 of this 2025 Act is making an improvement
on property within the ocean shore contrary to the conditions set out in the permit, the director
may revoke, suspend or refuse to renew such permit. The director may revoke a permit only after
[6] A-Eng. HB 2925
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
giving notice and opportunity for a hearing as provided in ORS 183.415 to 183.430, 183.440 to 183.460
and183.470.
SECTION 8. ORS 390.725 is amended to read:
390.725. (1) Removal of natural products such as fish or wildlife, agates or small amounts of
driftwood from a state recreation area as defined in ORS 390.605 for personal, noncommercial use
is not subject to the provisions of ORS 390.650 or section 3 of this 2025 Act.
(2) The collection of natural products for the purpose of trade, sale or resale shall be subject
to the permit provisions and standards of ORS 390.650 and 390.655 or section 3 of this 2025 Act.
Permits shall provide for the payment of just compensation by the permittee as provided by rule
adopted under subsection (4) of this section.
(3) No archaeological object associated with an archaeological site, as those terms are defined
in ORS 358.905, shall be removed from the ocean shore except as provided in ORS 358.920 and
390.235.
(4) Rules or permits shall be made or granted by the State Parks and Recreation Department
only after consultation with the State Fish and Wildlife Commission, the State Department of
Geology and Mineral Industries and the Department of State Lands.Rules and permits shall contain
provisions necessary to protect the areas from any use, activity or practice inimicable to the con-
servation of natural resources or public recreation.
(5) The terms, royalty and duration of a permit under this section are at the discretion of the
State Parks and Recreation Department. A permit is revocable at any time in the discretion of the
department without liability to the permittee.
(6) Whenever the issuance of a permit under this section will affect lands owned privately, the
State Parks and Recreation Department shall withhold the issuance of such permit until such time
as the permittee shall have obtained an easement, license or other written authorization from the
private owner, which easement, license or other written authority must meet the approval of the
department, except as to the compensation to be paid to the private owner.
SECTION 9.Section 3 of this 2025 Act and the amendments to ORS 390.650 by section 1
of this 2025 Act apply to applications for a permit submitted to the State Parks and Recre-
ation Department on or after the effective date of this 2025 Act.
[7]