On Wednesday, March 27, Governor Kotek signed SB 1576, which contained a “recreational immunity” fix eliminating the excessive liability that was causing local governments across Oregon to close off public access to trails on their land. With the governor’s signature, the law has now become effective, meaning that “NO ACCESS” signs can be taken down immediately. The Association of Oregon Counties (AOC), together with the Oregon Recreation and Parks Association, the League of Cities, the Special Districts Association of Oregon, the Oregon School Boards Association, and many other public landowners, worked hard to persuade the legislature to enact this legislation. 

The new protections only last through the end of 2025, so another bill will have to be passed during the 2025 legislative session to preserve the protections. AOC expects to continue participating in the Coalition to Restore Recreational Immunity as efforts to get a permanent fix continue.

Citycounty Insurance Services (CIS) had issued guidance encouraging trails be closed because of the liability risk arising out of the Fields v. City of Newport case, where court rulings severely curtailed the landowner protections recreational immunity law provides. CIS is updating its Recreational Immunity FAQ page to reflect the fact that the excessive liability around public access to trails is gone.

In a message to its clients, CIS wrote: “Because SB 1576 went into effect immediately, all trails that were previously closed due to the Fields v. City of Newport court decision can now be reopened without undue risk to local government budgets and programs. CIS is very happy to encourage local governments throughout Oregon to let their constituents know that all trails and recreational opportunities are open for business once again, and will remain open throughout the summer season.”

CIS General Counsel Kirk Mylander will be joining AOC’s Governance, Revenue, and Economic Development Steering Committee meeting on April 12, to review the new law and answer questions from county representatives. A recording of the meeting will be made available here.

Contributed by: Legislative Affairs Manager Michael Burdick