January 8, 2012
Good News on Beach Permit Issues

Two weeks ago, I reported on developments regarding kiting on Oregon's beaches and the possible requirement for permits from Oregon State parks.

I spent several days in meetings as part of the advisory committee process. I argued against the proposal as written. And this week the second draft was released.

I've very pleased to report good news! Any mention of large or anchored kiting has been removed from the proposal. In fact, the only mention of kites in the entire document involves kite buggys.

I'll post below the new language and the old language. And here is a link to the entire (24 page) document.

Here's the proposed wording from the first draft:

    736-021-0065

    Non-Motorized Vehicles, Cycles, Unpowered Aircraft, Sails and Other Similar Devices

    (1) A person may operate a non-motorized vehicle, such as a bicycle, skateboard, cycle, scooter, roller or inline skate, and other similar items, or an unpowered or wind-powered aircraft, such as a kite, land sail, or other similar items on the ocean shore.

    (2) A person operating a non-motorized vehicle or wind-powered aircraft on the ocean shore must do the following:
    (a) observe all posted signs and operate such vehicles, aircrafts and devices unless signs prohibit or conditionally restrict doing so; and
    (b) restrict speed and manner of operation to a reasonable and prudent practice relative to terrain, prevailing conditions, equipment, personal capabilities, personal safety and the safety of all other ocean shore users, natural resources, and wildlife.

    (3) A person operating a non-motorized vehicle or wind-powered aircraft on the ocean shore may not do the following:
    (a) disturb or harass wildlife or other natural resources as provided in OAR 736-021-0090; or (b) block access, use, or the safe and uninterrupted passage of others on the ocean shore.

    (4) A written permit from a park manager, natural resource specialist or designated park employee may be required for the following to ensure public safety and access, mitigate recreational conflicts and minimize potential damage to ocean shore resources:
    (a) Air sports that involve taking off or landing on the ocean shore, such as paragliding, hang gliding, unmanned gliding and air ballooning, except hang gliding at Cape Kiwanda State Natural Area, which does not require a permit; and
    (b) Aerial activities, such as flying wind-powered displays, large kites, balloons and other similar devices that need anchoring to be safely flown.

And now here is the current wording which will got out for comment in public hearings:

    736-021-0065

    Non-Motorized Vehicles, Cycles, Unpowered Aircraft, Sails and Other Similar Devices

    (1) A person may operate a bicycle, skateboard, scooter, roller or inline skate, or other wheeled, operator-propelled equipment that transports the operator on land according to OAR 736-021-0065 (3).

    (2) A person may operate a wind-powered aircraft or vehicle, such as a land sail, kite-buggy or other similar items on the ocean shore according to OAR 736-021-0065 (3).

    (3) A person operating a non-motorized vehicle or wind-powered aircraft on the ocean shore must do the following:
    (a) observe all posted signs and operate such vehicles, aircrafts and devices unless signs prohibit or conditionally restrict doing so; and
    (b) restrict speed and manner of operation to a reasonable and prudent practice relative to terrain, prevailing conditions, equipment, personal capabilities, personal safety and the safety of all other ocean shore users, natural resources, and wildlife.

    (4) A person operating a non-motorized vehicle or wind-powered aircraft on the ocean shore may not do the following:
    (a) disturb or harass wildlife or other natural resources as provided in OAR 736-021-0090; or
    (b) block access, use, or the safe and uninterrupted passage of others on the ocean shore.

A hearing schedule has been published for Division 21, although I'm not sure there is much we want to comment on:

  • 1/24/2012 - 3:30 PM, North Mall Office Building, 725 Summer St. NE, Room 124 B, Salem
  • 1/26/2012 - 3:00 PM, North Bend Library, 1800 Sherman Ave, North Bend
  • 1/27/2012 - 3:00 PM, Gold Beach City Hall, 29592 Ellensburg Ave, Gold Beach
  • 1/30/2012 - 7:00 PM, Newport Recreation Center (Room 105), 225 Avery Street, Newport
  • 1/31/2012 - 7:00 PM, Cannon Beach City Hall (Council Chambers), 163 E. Gower Street, Cannon Beach

Oregon State Parks is updating their rules regarding use of parks, the beach, and the permit process. There are actually three different efforts underway for three different sections called "Divisions".

  • Division 21 details what happens on our beaches in general.
  • Division 16 deals with permits
  • Division 30 deals with the relationship between Parks and specific cities.

Many of us were properly concerned last Fall when the Division 16 (permit ) proposals were issued. The draft suggested that permits would be required for any group or organized event in a state park. We wondered what constituted a "group, an "event" or "organized". We were also troubled by requirements that lifeguards be hired for any activity near water -- like weddings, volley ball, or kite festivals. But mostly we were disturbed by reports that flying larger kites would require permits in the future -- which included a $100 fee, a two-week application period, and proof of insurance (which can be quite expensive).

With little notice, Division 16 scheduled several public hearings and also accepted written comments. Many of you sent letters or emails. And as a result, the proposals were withdrawn for a second drafting.

I've been invited to take part in the Advisory Discussion for Division 16. More meetings. But the results have been positive so far so let's hope for continued success! I'll report back when I have detail

At this point, Division 21 says permits are required for Commercial Activities involving more than 50 people, involves tents or structures, has a sound system, or marks off a portion of the beach for exclusive use. I can live with that! But let's see what wording comes out for Division 16 next.

We're not looking for a fight with State Parks. Far from it! We want to work together with them to keep beaches open, safe, and fun! Kite flying is a tradition here, including and perhaps especially the flying of larger kites.

Looking for an advocate in the Oregon Legislature? See www.ElectGomberg.com. At this pont, we need your financial help.

Next week, we'll get back to festival and travel repoorts.

If you like our big Wonder Bags, you might be interested in our special order of smaller 20 inch bags. Use them for line and accessories. I do! Or stuff a kite in, carry your wet clothing and boots. Or fill them with ice and beer!

We're pricing these at $15 each while they last. You can choose black or black.

Mini Winder Bags

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