Oregon Beach Bill

Last updated

The Oregon Beach Bill (House Bill 1601, 1967) was a piece of landmark legislation in the U.S. state of Oregon, passed by the 1967 session of the Oregon Legislature. It established public ownership of land along the Oregon Coast from the water up to sixteen vertical feet above the low tide mark.

Contents

Background

After Oregon achieved statehood in 1859, the completion of railroads through the Coast Range mountains encouraged land development along the ocean shore. In 1874, the Oregon State Land Board began selling public tidelands to private landowners. [1] Resorts grew up around the beaches at Seaside, Newport, and Rockaway, and the newly completed railroads brought tourists from the population centers of the Willamette Valley for weekend vacations. [2] By 1901, about 23 miles (37 km) of tideland had been sold. [1]

In 1911, governor Oswald West was elected on the promise to reclaim Oregon's beaches as public land. The legislature favored the privatization of these lands, but West was able to make an argument for public ownership based on the need for transportation. The 1913 legislature declared the entire length of the ocean shore from Washington to California as a state highway. [1] [2] Legislators also created the State Highway Commission, which began the construction of Highway 101. The Parks and Recreation Department, a branch of the highway commission, bought land for 36 state parks along the coastal highway, an average of one every 10 miles (16 km). With the completion of the highway and parks system, coastal tourism skyrocketed. [2]

History

Oregon's public lands claim was challenged in 1966, when Cannon Beach motel owner William Hay fenced some dry sands above the high tide line and reserved it for private use. [2] [3] After citizens complained to the state government, state legislators put forward the Oregon Beach Bill, modeled on the Texas Open Beaches Act. Conservative Republicans and coastal developers called the bill a threat to private property rights, and it nearly died in the legislature. [1] [4] In response, Republican Governor Tom McCall staged a dramatic media event on May 13, 1967, flying two helicopters to the beach with a team of surveyors and scientists. The ensuing media coverage resulted in overwhelming public demand for the bill. The bill was passed by the legislature in June and signed by McCall on July 6, 1967. [1] [3]

The Beach Bill declares that all "wet sand" within sixteen vertical feet of the low tide line belongs to the state of Oregon. [5] In addition, it recognizes public easements of all beach areas up to the line of vegetation, regardless of underlying property rights. The public has "free and uninterrupted use of the beaches," and property owners are required to seek state permits for building and other uses of the ocean shore. [6] While some parts of the beach remain privately owned, state and federal courts have upheld Oregon’s right to regulate development of those lands and preserve public access. [1] [7]

In 2013, OPB released an episode of their The Oregon Experience television docu-series on the bill, which features the legislators involved in creating the bill, journalists who covered its development in 1967, and archival footage of Oregon beach history. [8]

In 2017, Oregon celebrated the 50th anniversary of the Beach Bill's passing. [9]

See also

Related Research Articles

<span class="mw-page-title-main">South Bethany, Delaware</span> Town in Delaware, United States

South Bethany is an incorporated town in Sussex County, Delaware, United States. According to the 2010 census, the population of the town is 449, a decrease of 8.7% over the previous decade. It is part of the Salisbury, Maryland-Delaware Metropolitan Statistical Area.

<span class="mw-page-title-main">Tom McCall</span> American politician

Thomas Lawson McCall was an American statesman, politician and journalist in the state of Oregon. A Republican, he was the state's thirtieth governor from 1967 to 1975. A native of Massachusetts, McCall grew up there and in central Oregon and attended the University of Oregon in Eugene. After college, he worked as a journalist, including time at The Oregonian in Portland during World War II.

<span class="mw-page-title-main">Freedom to roam</span> Right of public access to land or bodies of water

The freedom to roam, or "everyman's right", is the general public's right to access certain public or privately owned land, lakes, and rivers for recreation and exercise. The right is sometimes called the right of public access to the wilderness or the "right to roam".

<span class="mw-page-title-main">Oregon Coast</span> Coastal region of the U.S. state of Oregon

The Oregon Coast is a coastal region of the U.S. state of Oregon. It is bordered by the Pacific Ocean to its west and the Oregon Coast Range to the east, and stretches approximately 362 miles (583 km) from the California state border in the south to the Columbia River in the north. The region is not a specific geological, environmental, or political entity, and includes the Columbia River Estuary.

<span class="mw-page-title-main">Oswald West</span> 14th Governor of Oregon

Oswald West was an American politician, a Democrat, who served most notably as the 14th Governor of Oregon.

<span class="mw-page-title-main">Oregon Coast Trail</span> Long-distance trail in the US

The Oregon Coast Trail (OCT) is a long-distance hiking route along the Pacific coast of the U.S. state of Oregon in the United States. It follows the coast of Oregon from the mouth of the Columbia River to the California border south of Brookings.

<span class="mw-page-title-main">Oregon Dunes National Recreation Area</span> Expanse of coastal sand dunes in North America

The Oregon Dunes National Recreation Area is located on the Oregon Coast, stretching approximately 40 miles (64 km) north of the Coos River in North Bend to the Siuslaw River in Florence, and adjoining Honeyman State Park on the west. It is part of Siuslaw National Forest and is administered by the United States Forest Service.

<span class="mw-page-title-main">U.S. Route 101 in Oregon</span> Section of U.S. Highway in Oregon, United States

U.S. Route 101 (US 101), is a major north–south U.S. Highway in Oregon that runs through the state along the coastline near the Pacific Ocean. It runs from the California border, south of Brookings, to the Washington state line on the Columbia River, between Astoria, Oregon, and Megler, Washington.

<span class="mw-page-title-main">Public trust doctrine</span>

The public trust doctrine is the principle that the sovereign holds in trust for public use some resources such as shoreline between the high and low tide lines, regardless of private property ownership.

<span class="mw-page-title-main">Washington State Route 109</span>

State Route 109 (SR 109) is a Washington state highway in Grays Harbor County. Beginning at its terminus at U.S. Route 101 (US 101) in Hoquiam, the highway travels west to intersect SR 115 near Ocean Shores and then turns north to continue along the Pacific coastline, terminating at the Quinault River Bridge in Taholah, located in the Quinault Indian Reservation. The Washington State Legislature extended the roadway north to end at US 101 south of Queets through tribal lands, although this segment has yet to be built. SR 109 was first established as Secondary State Highway 9C (SSH 9C) in 1937, which was on a more northern alignment until 1947, when it was switched to a Hoquiam to Quinault Indian Reservation route. In 1964, SSH 9C was renumbered to SR 109 and in 1983, a spur route of SR 109 that bypasses Hoquiam was added. SR 109 itself was extended by the legislature to US 101 near Queets in 1985, but the road has not been built.

<span class="mw-page-title-main">Land use in Oregon</span> Laws affecting land ownership

Land use in Oregon concerns the evolving set of laws affecting land ownership and its restrictions in the U.S. state of Oregon.

<span class="mw-page-title-main">Sunset Bay State Park</span> State park in Oregon, United States

Sunset Bay State Park is a state park in the U.S. state of Oregon. Administered by the Oregon Parks and Recreation Department, it is about 0.4 miles (0.6 km) south of Cape Arago Lighthouse and 2.5 miles (4.0 km) outside the town of Charleston on Coos Bay. The park offers a crescent shaped beach, tide pools, hiking trails and a year-round campground.

The Oregon Land Conservation and Development Act of 1973, formally Oregon Senate Bills 100 and 101 of 1973, were pieces of landmark legislation passed by the Oregon State Senate in 1973 and later signed into law. It created a framework for land use planning across the state, requiring every city and county to develop a comprehensive plan for land use.

<span class="mw-page-title-main">Willamette Greenway</span> Public recreation area in Oregon, United States

The Willamette River Greenway is a cooperative state and local government effort to maintain and enhance the scenic, recreational, historic, natural and agricultural qualities of the Willamette River and its adjacent lands. A number of trails exist along the greenway, but significant gaps still exist.

<span class="mw-page-title-main">California Coastal Trail</span> Long-distance hiking trail in the United States

The California Coastal Trail, or CCT, is an environmental project by the California Coastal Conservancy, an organization developed to enhance coastal resources and promote access to the shore in 2001.

<i>Oregon Field Guide</i> Television series

Oregon Field Guide is a weekly television program produced by Oregon Public Broadcasting focusing on recreation, the outdoors, and environmental issues in the state of Oregon. The show has become part of the Oregon zeitgeist. Steve Amen is the show's creator and original Executive Producer. Ed Jahn, producer with Oregon Field Guide since 2000, became host and Executive Producer in 2016/2017 upon Steve Amen's retirement. Named for the field guides used to identify plants, animals, and natural phenomenon, the wide-ranging series covers Oregon natural history, outdoor recreation, conservation, agriculture, rural life, and other local subjects. Produced with deep narratives rather than short segments, roughly 13 half-hour episodes and specials are shown per year.

The Tidelands Resource Council is a body of twelve members appointed by the Governor. The Council meets monthly and makes decisions to sell or rent state tidelands. All of the decisions must then be approved by the Commissioner of the Department of Environmental Protection, the Attorney General and the Governor. The council meets the first Wednesday of every month, with the exception of January, at NJ Civil Service Commission, 44 S. Clinton Ave., Trenton, NJ. Council meetings begin at 10 am and are open to the public.

Arizona Beach State Recreation Site is a 68-acre (28 ha) Oregon state park in Curry County, Oregon, in the United States. The beach is at an average elevation of 7 feet (2 m). Public recreational facilities at Arizona Beach State Recreation Site include a parking lot for beach access, observation areas for viewing marine mammals and birds and tables for picnicking. The park is open year-round.

<span class="mw-page-title-main">Coast Dairies State Park</span> Protected beach in Santa Cruz County, California

Coast Dairies is a state park in Santa Cruz County, California, near the city of Davenport. It is managed as part of Wilder Ranch State Park, which is south of the park.

<span class="mw-page-title-main">Sitka Sedge State Natural Area</span> Natural area in Tillamook County, Oregon, United States

Sitka Sedge State Natural Area is an estuary and beach on the north coast of the U.S. state of Oregon in Tillamook County. Sitka Sedge consists of 357 acres (144 ha) of tidal marsh, mudflats, dunes, forested wetlands, and uplands at the south end of the Sand Lake estuary, north of Tierra Del Mar.

References

  1. 1 2 3 4 5 6 Oregon Experience. "Timeline: The Beach Bill". Oregon Public Broadcasting . Retrieved 2018-08-30.
  2. 1 2 3 4 "Which Way to the Beach? Oregon's Beaches Belong to the Public". Coastal Services. National Oceanic and Atmospheric Administration. April 1998. Retrieved 2008-03-18.
  3. 1 2 Bassett, Janet (2005). "Beach Bill". Choices that Created the Oregon Mystique: Governor Tom McCall's Foresight and Accomplishments. Retrieved 2008-03-18.
  4. ↑ Kramer, Matt (July 7, 1967). "Beach Bill Signed; McCall Clears His Desk". Oregon Statesman. pp. 1:7. Retrieved 2008-03-18.
  5. ↑ Oregon Coast Visitors Association (2005). "Visit the Oregon Coast". Archived from the original on 2008-01-05. Retrieved 2008-03-18.
  6. ↑ "Rules and Regulations". Oregon Parks and Recreation Department. Retrieved 2008-03-17.
  7. ↑ Tucker, Kathy (2002). "Fight for the Beaches". Oregon History Project. Oregon Historical Society . Retrieved 2016-06-17.
  8. ↑ "Beach Bill an Oregon Experience, The Beach Bill". www.opb.org. Retrieved 2020-05-26.
  9. ↑ Lynn, Capi. "Oregon Celebrates As Beach Bill Turns 50". www.opb.org. Retrieved 2020-05-26.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.