Or. Admin. Code § 734-035-0200 - Designation and Posting of Real Property as Closed to Public Entry
(1) The purpose of
this rule is to identify the circumstances under which the Department of
Transportation will designate and post real property owned or controlled by the
department as closed to public entry for purposes other than those authorized
by statute, rule or express permission of the department. This rule does not
restrict the use of the highway for transportation purposes or access onto the
highway allowed under Oregon Administrative Rule Chapter 734, Division 51.
(a) The department manager responsible for
the real property may designate real property as closed to public entry for the
following purposes:
(A) To ensure the safe
construction, maintenance, operation and use of transportation facilities;
(B) To ensure the health and
safety of department employees, contractors, or the general public;
(C) To prevent damage or loss to department
property;
(D) To prevent damage to
natural resources, including but not limited to soil, water, wetlands, and
other environmentally-sensitive lands;
(E) To prevent damage, vandalism, theft or
other loss of cultural or archeological resources.
(b) Decisions to designate real property as
closed to pubic [public] entry made on or after January 1, 2015 will be
documented by the department manager.
(c) The department will provide notice of the
designation under section (1) in a manner reasonably calculated to apprise the
public that entry is prohibited, including but not limited to the posting of
conspicuous signage.
(d) Signage
posted under this section will, at minimum, include the statement of "No
Trespass."
(2) Public
entry or placing of any personal property upon department real property
designated as closed to public entry under this rule is prohibited. Violators
may be subject to citation under the laws of the State or local ordinance and
asked to leave the area without delay.
Notes
Stat, Auth.: ORS 184.616, 184.619, 366.205 & 810.030
Stats. Implemented: ORS 366.205 & 810.030
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