Pending Gov. Tina Kotek’s signature, the Oregon Legislature has signed into law permanent rules designed to protect the owners of public trails from litigation.

This week, the Legislature approved Senate Bill 179, which limits “liability from ordinary negligence claims arising from the use of trails or structures on public easements or unimproved rights of way by foot, horse, bicycle or other non-motorized means,” according to a legislative summary.

The issue of recreational immunity surfaced in 2023 when government insurance provider CIS Oregon recommended that cities close trails as a result of a court ruling regarding an accident that occurred in Newport on an improved trail. The Legislature passed a temporary fix during the 2024 legislative session, but that bill included a sunset clause.

The more recent bill passed in the Oregon Senate in March and then was approved in the Oregon House on Monday, May 19.

Many local governments including the cities of Lake Oswego and Wilsonville testified in support of the bill.

“We have devoted substantial City funds and resources for the last 30+ years to invest

in our trail system, which is at risk of closing if recreational immunity is not restored with additional protections,” the city of Lake Oswego wrote in its testimony. “This would remove access to natural areas, connection to neighborhoods, and safe trails for students walking to school through our park system.”

“The bill provides for local governments’ limiting of liability from ordinary negligence claims arising from the use of trails or structures on public lands. And the proposed legislation limits immunity for an improvement, design, or maintenance that was completed in a manner constituting gross negligence or reckless for which the actor is strictly liable,” the city of Wilsonville wrote in its testimony. “Public access to trails and parks is a top priority for residents, visitors and employees of Wilsonville businesses.”