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Oregon Revised Statutes

Or. Rev. Stat. § 390.605 (2026)

Definitions

✓ current as of May 2026
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      390.605 Definitions. As used in ORS 390.610, 390.620 to 390.676, 390.690 and 390.705 to 390.770, unless the context requires otherwise:

      (1) “Improvement” includes filling a portion of the ocean shore, removal of material from the ocean shore or a structure, appurtenance or other addition, modification or alteration constructed, placed or made on or to the land.

      (2) “Ocean shore” means the land lying between extreme low tide of the Pacific Ocean and the statutory vegetation line as described by ORS 390.770 or the line of established upland shore vegetation, whichever is farther inland. “Ocean shore” does not include an estuary as defined in ORS 196.800.

      (3) “State recreation area” means a land or water area, or combination thereof, under the jurisdiction of the State Parks and Recreation Department used by the public for recreational purposes. [Formerly 274.065 and then 390.710; 1989 c.904 §23; 1999 c.373 §2]

Notes of Decisions
Cited in 16 cases (4 in the last 5 years), 1971–2024 · leading case: Hay v. Oregon Dep't of Transp., 719 P.2d 860 (Or. 1986).
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Hay v. Oregon Dep't of Transp., 719 P.2d 860 (Or. 1986). · cites it 2× “As we stated above, the rule’s validity is crucial to determining whether the circuit court correctly held that the agencies were not liable for trespass or nuisance.”
Stevens v. City of Cannon Beach, 854 P.2d 449 (Or. 1993). · cites it 2× “ORS 390.605 et seq. 2 Any person who wants to make an improvement on any property subject to ORS 390.”
Tijerina v. Cornelius Christian Church, 539 P.2d 634 (Or. 1975). · cites it 4× “or any recreational purpose without charge does not thereby: "(a) Extend any assurance that the land is safe for any purpose; "(b) Confer upon such person the legal status of an invitee or licensee to whom a duty of care is owed; or "(c) Assume responsibility for or incur…”
McCormick v. State Parks & Rec. Dept., 466 P.3d 10 (Or. 2020). “682 apply to: “(a) All land, including but not limited to land adjacent or contiguous to any bodies of water, watercourses or the ocean shore as defined by ORS 390.605; “(b) All roads, bodies of water, watercourses, rights of way, buildings, fixtures and structures on the land…”
McDonald v. Halvorson, 780 P.2d 714 (Or. 1989). · cites it 2× “770: “ORS 390.605, et seq., (hereinafter the ‘Oregon Beach Bill’), enacted in 1967 and amended in 1969, reserves designated areas of the ocean shore for public recreational use.”
Gienger v. Dep't of State Lands, 214 P.3d 75 (Or. Ct. App. 2009). “800(14) provides: “ “Waters of this state’ means all natural waterways, tidal and nontidal bays, intermittent streams, constantly flowing streams, lakes, wetlands, that portion of the Pacific Ocean that is in the boundaries of this state, all other navigable and nonnavigable…”
Ortega v. Martin, 427 P.3d 1103 (Or. Ct. App. 2018). “3 The state's theory, generally stated, was that plaintiff's injuries arose out of his recreational use, allowed by the state, of either the ocean or the "ocean shore," as defined in ORS 390.605(2), both of which qualified as "land" of which the state was an "owner" for purposes…”
Fields v. City of Newport, 533 P.3d 384 (Or. Ct. App. 2023). “682 apply to: “(a) All land, including but not limited to land adjacent or contiguous to any bodies of water, watercourses or the ocean shore as defined by ORS 390.605; “(b) All roads, bodies of water, watercourses, rights of way, buildings, fixtures and structures on the land…”
State High. Comm'n v. Fultz, 491 P.2d 1171 (Or. 1971). “The term “ocean shore” is defined under ORS 390.605 as the land lying between extreme low tide of the Pacific Ocean and the line of vegetation.”
McDonald v. Halvorson, 760 P.2d 263 (Or. Ct. App. 1988). “Hay, supra, to Little Whale Cove is inconsistent with the “Oregon Beach Bill,” ORS 390.605 through ORS 390.770. Defendants contend that, because the statutory coordinate system definition of the vegetation line falls across the mouth of Little Whale Cove, it is outside the…”
Jack Scott Farms, Inc. v. Dept. of State Lands, 336 Or. App. 139 (Or. Ct. App. 2024). “ion of “waters of this state” is Cite as 336 Or App 139 (2024) 141 “all natural waterways, tidal and nontidal bays, intermit- tent streams, constantly flowing streams, lakes, wetlands, that portion of the Pacific Ocean that is in the boundaries of this state, all other navigable…”
Wilson v. United States, 940 F. Supp. 286 (D. Or. 1996). · cites it 3× “Oregon’s Recreational Use Act applies to land defined as follows: “Land” means agricultural land, range-land, forestland, and lands adjacent or contiguous to any bodies of water, watercourses or the ocean shore as defined by ORS 390.605, including roads, bodies of water,…”
Show all 16 citing cases →
— Or. Rev. Stat. § 390.605(2) — 3 cases
Hay v. Oregon Dep't of Transp., 719 P.2d 860 (Or. 1986). “As we stated above, the rule’s validity is crucial to determining whether the circuit court correctly held that the agencies were not liable for trespass or nuisance.”
McDonald v. Halvorson, 780 P.2d 714 (Or. 1989). “770: “ORS 390.605, et seq., (hereinafter the ‘Oregon Beach Bill’), enacted in 1967 and amended in 1969, reserves designated areas of the ocean shore for public recreational use.”
Ortega v. Martin, 427 P.3d 1103 (Or. Ct. App. 2018). “3 The state's theory, generally stated, was that plaintiff's injuries arose out of his recreational use, allowed by the state, of either the ocean or the "ocean shore," as defined in ORS 390.605(2), both of which qualified as "land" of which the state was an "owner" for purposes…”
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