Lake access for boats through Blue Lake Regional Park
This Memorandum of Understanding (“MOU”) is between Metro and Interlachen, Inc., an Oregon Nonprofit Corporation(“Interlachen HOA”), in Fairview, Oregon.
RECITALS
WHEREAS, Blue Lake Regional Park is on the north and west shore of Blue Lake, and the Interlachen residential neighborhood includes residences along other portions of the Lake shoreline; and
WHEREAS, Management of Blue Lake Regional Park(“Park”) was transferred from Multnomah County to Metro in 1994, and ownership of the Park was transferred to Metro in 1996; and
WHEREAS, Multnomah Co. purchased Blue Lake Park from a private owner (1960). In 1975, Multnomah County’s code regulated recreational activities, including boating on Blue Lake (“Lake”), prohibiting general public boat and watercraft access, powered or not, unless boats were owned by property owners at Blue Lake or rented from the Park. In 1982, the County code was amended to focus on motor-powered watercraft. The County Code was later amended to include further public restrictions and limitations on all watercraft, including periods of use, as reflected currently in Metro’s code; and
WHEREAS, Under Multnomah County operations, management of the lake, water quality and recreational uses were coordinated between the County and the Interlachen HOA; and
WHEREAS, After the park was transferred to Metro, a level of coordination continued with the HOA through a series of park managers and directors; and
WHEREAS, Metro wants to transition away from informal coordination and clarify roles, rights and authority of the HOA, Metro and state agencies with respect to lake management, water quality and recreational uses; and
WHEREAS, The Interlachen HOA represents the interests of the Interlachen neighborhood; and
WHEREAS, The Oregon Supreme Court has ruled that Title to the Blue Lake lakebed belongs to the adjacent landowners, subject however to the superior right of the public to use the water. The public has an easement to use the waters for the purposes of navigation and commerce, and the court recognized navigation to include pleasure seeking, and therefore recreation; and
WHEREAS, Metro regulates public recreational access to the Lake from its property and provides certain supportive facilities; and
WHEREAS, The Oregon State Marine Board ( OSMB ) has authority to regulate watercraft usage on the Lake; and
WHEREAS, The State of Oregon is responsible for water quality management in the Lake. The HOA and Blue Lake Homeowners have a vested interest in shared water quality management with the State of Oregon and provide annual funding to support this effort; and
WHEREAS, Current Metro rules limit public use of the Boat Ramp between May 1 and Sept 30, but exempts from those limitations residents of the Interlachen neighborhood who obtain HOA-issued permits; and
WHEREAS, Current Metro rules restrict access to the Lake through the Park for all public watercraft (motorized and non-motorized) between May 1 and Sept 30; and
WHEREAS, These Metro rules have been in place since Multnomah County owned and operated the Park; and
WHEREAS, Metro wishes to remove or modify sections of Title X pertaining to Boating Restrictions on Blue Lake that differentiate between residents of the Interlachen neighborhood and members of the public; and
WHEREAS, The Boat Ramp is currently the only operational boat ramp for qualified Interlachen residents to access the Lake with motorized watercraft; and
WHEREAS, The Boat Ramp and access routes to its location were not specifically designed, engineered or maintained to provide heavy public use safely, including both for users of the facility and the surrounding general public; and
WHEREAS, The parties desire to work together to provide a safe and smooth transition for proposed changes to Title X, and resulting operational changes to lake access through the Park; and
WHEREAS, The parties desire to work together to take a holistic and coordinated approach to water quality, using an approach that is informed by science and to work with and follow federal and state laws
UNDERSTANDINGS
This MOU is a statement of the good faith effort of the parties and is not a binding legal agreement. The MOU will serve to help the parties to proceed on the following action items:
- Proposed change to Metro Code Title X
Proposed Title X code change will remove the following section, 10.03.130 Blue Lake Boating Restrictions, from Title X.
10.03.130 Blue Lake Boating Restrictions
It is unlawful to bring into or launch any watercraft of any type from Blue Lake Park, except as provided in subsections (a) through (c), below. All boating activities must be in accordance with applicable rules of the State of Oregon.
- (a) Watercraft belonging to residents whose property adjoins Blue Lake. Such watercraft must be identified by the current decal and number of the Interlachen Homeowners Association, or its successor organization.
- (b) Watercraft for rent at Blue Lake Park
- (c) Privately owned watercraft between October 1st and April 30th of each year provided that they do not exceed 14 feet in length or 17 feet for canoes, and 3.0 horsepower in motor capability.
If this code change is approved by Metro Council, Metro plans to make operational changes to allow non- motorized boat (ex: canoe, kayak, paddleboard) access to the Lake through the Park year-round, which will be accomplished in consultation with the neighbors and stakeholders.
Restrictions on watercraft access through the Park will be maintained through operations rules, like special use permits, signage and enforcement. Metro will continue to provide information and resources to educate park visitors and promote safety and responsible recreation in and on the lake, for example encouraging park visitors who are swimming to stay within an area designated for swimming on the development of these operational changes and rules.
- HOA Motorized Boat Ramp Access
Interlachen HOA acknowledges that Metro plans to phase out general public use of the existing Boat Ramp for motorized boats, including for members of the HOA who are currently exempt from seasonal Boat Ramp closures.
To allow for a transition period, Metro will provide for temporary access to the Boat Ramp for the Interlachen HOA members until the Boat Ramp is closed for the purposes of park renovation construction activities or through December 31, 2025, whichever comes first. At a minimum, Metro commits to providing temporary Boat Ramp access through December 31, 2024. Metro and the Interlachen HOA will work on access solutions to ensure public safety, including times and dates for launching and removing watercraft to and from the Lake through the Park.
While the Boat Ramp exists, Metro will continue to allow the ramp to be used for special events and special purposes through Metro s Special Use Permit process, where Metro controls the who, what, and when for operational efficiencies and public safety. Metro will update review guidance for staff and expectations for the public and HOA to request permits for Boat Ramp use until such time as the Boat Ramp is closed for renovation. Interlachen HOA may submit one Special Use Permit application on behalf of HOA members on an annual basis. With the caveat that there are many unknowns and considerations, insured HOA boat owners (or HOA on their behalf) qualify for a Special Use Permit to use the boat ramp. All members of the public will be required to fill out SUP requests for use of the boat ramp.
The pending planning and design process is going to result in a renovated waterfront, with features and amenities that will be determined through an open, public process. At a minimum, improvements to support emergency and operational boat access to the lake will be developed. The function of that infrastructure to support additional public uses will be determined during the planning and design process.
Once renovation occurs, Metro’s special use permit process will still be available for use by the public, including the HOA. Permit applications would be reviewed on a case-by-case basis. Interlachen HOA may submit one Special Use Permit application on behalf of HOA members on an annual basis. See Exhibit B for more details on Special Use Permits. The type of infrastructure constructed and level of access it is able to support, which are currently not known, as well as the access requested, will be factors in reviewing those permit requests. With the caveat that there are many unknowns and considerations, insured HOA boat owners (or HOA on their behalf) qualify for a Special Use Permit to use the boat ramp.
Metro pledges to engage with the HOA as part of the overall park renovation community engagement process, and include an HOA representative on the project’s Technical Advisory Committee. The function of waterfront infrastructure to support additional public uses will be determined during the planning and design process. Metro acknowledges HOA’s unique perspective and desires with respect to boat access, which will be factored into planning and design alongside other park needs and priorities.
Metro will engage with the HOA and the HOA’s stated desire for a suitable boat ramp location will be considered as part of the feedback and priorities of the region’s broader community of park visitors and potential park visitors.
- OSMB boating regulation, and safety
Metro and Interlachen HOA acknowledge that OSMB has sole authority to regulate boating on the Lake.
Metro takes responsibility for coordination and communication with OSMB with respect to Metro’s intent to support year-round public access for non-motorized watercraft to the Lake through the Park. The HOA reserves the right to coordinate and communicate their interests directly to the OSMB with regard to private access to Blue Lake.
In good faith, Metro supports the desire of Interlachen HOA’s proposal to self-regulate and maintain use of motorized watercraft subject to HOA and OSMB regulations.
Metro and HOA defer to OSMB’s authority and expertise with respect to boating rules, safety protocols, and procedures to keep all Lake users safe and minimize opportunities for conflicts.
- Continued communication and information sharing about Lake water quality
Oregon DEQ has sole authority to regulate water quality of the Lake. The Interlachen HOA and Blue Lake Improvement Association reserve the right to work with the Oregon DEQ and follow their guidelines and recommendations for maintaining and improving lake water quality.
Both parties are committed to ongoing communication and information sharing with respect to the Lake’s water quality and pledge to work together on environmental stewardship.
