ORS 778.085¹
Control over port waters and wharf lines
  • adoption and enforcement of navigational rules
  • authority to establish penalties
  • limitation

(1) To the full extent the State of Oregon might exercise control, or grant to the Port of Portland the right to exercise control, the port has full control of the rivers, harbors and waterways within its boundaries and between its boundaries and the sea.

(2) The port may make, change or abolish wharf lines of, in and for the rivers, harbors and waterways within its boundaries.

(3) As it considers convenient, requisite or necessary, or in the best interests of the maritime shipping or commercial interests of the port, the board may by ordinance make, modify or abolish regulations:

(a) For the use or navigation of the rivers, harbors and waterways mentioned in subsection (1) of this section; or

(b) For the placing of obstructions therein, or the removal of obstructions therefrom.

(4) The port may enforce the regulations by fines and penalties or seek other appropriate remedies as the port considers necessary. Fines and penalties are recoverable in the name of the port in any court of this state having jurisdiction of actions for the recovery of fines or penalties imposed by state laws. Fines recovered shall be paid to the clerk of the court who, after deducting court costs in the proceedings, shall pay the remainder thereof to the treasurer of the port, to go to its general fund.

(5) This section does not authorize the port to cause the removal of bridges or other obstructions existing under a grant by this state. This section does not authorize the port to exclude cities other than the City of Portland from free access to the channel of either the Willamette or Columbia Rivers or the Oregon and the Columbia Sloughs, or the free use of the rivers or sloughs for navigation. [Amended by 1963 c.145 §2; 1971 c.728 §117]

Atty. Gen. Opinions

Limita­tions on port's powers to fill tidelands, (1971) Vol 35, p 844; Port of Portland's authority to regulate recrea­tional boating and prohibit boating facility construc­tion, (1979) Vol 40, p 111

1 Legislative Counsel Committee, CHAPTER 778—Port of Portland, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors778.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 778, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­778ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information