Oregon Revised Statutes

Or. Rev. Stat. § 448.305 (2026)

Special ordinance authority of certain cities

✓ current as of May 2026

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448.305 Special ordinance authority of certain cities. (1) Subject to subsection (2) of this section, by ordinance a city may prohibit or restrict access for purposes of fishing, hunting, camping, hiking, picnicking, trapping of wild animals or birds, harvesting of timber or mining or removal of minerals or carrying on any other activity in its watershed area, or by ordinance may permit any such activity in its watershed area upon conditions specified in the ordinance. However, no ordinance passed under authority of this section shall prohibit the hunting or trapping of fur-bearing or predatory mammals doing damage to public or private property or prohibit the hunting or trapping of any bird or mammal for scientific purposes, as defined in ORS 497.298 (3).

(2) Subsection (1) of this section applies only to cities with respect to watershed areas which are the subject of an agreement between the city and the United States or any department or agency thereof, which agreement authorizes such action by the city.

(3) Violation of an ordinance adopted by any city pursuant to this section is a Class C misdemeanor.

(4) After adoption of an ordinance pursuant to subsection (1) of this section, a city shall post the area with suitable signs setting forth the prohibition of access or the conditions of limited access imposed by the ordinance. Failure to post the area as required in this subsection shall be a defense in any prosecution under an ordinance adopted by any city under authority of this section. [Formerly 449.327; 2011 c.597 §198]

Notes of Decisions

Cited in 1 case, 1975–1975 · leading case: Marion Cnty. v. Mid-Willamette Valley Air Pollution Auth., 538 P.2d 960 (Or. Ct. App. 1975).

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Marion Cnty. v. Mid-Willamette Valley Air Pollution Auth., 538 P.2d 960 (Or. Ct. App. 1975). “960, the air pollution laws contained in ORS 448.305 # # # and this chapter do not apply to: ÍÍ# # # # * “(6) Fires set or permitted by any public agency when such fire is set or permitted in the performance of its official duty for * * * prevention or elimination of a fire…”

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