Deschutes County adopts state—backed recreational immunity, extends protection to improved rights of way

The Deschutes County Board of Commissioners on July 29 adopted Resolution 2025-036 to readopt and expand the county—s recreational immunity consistent with recent state legislation, including coverage for improved rights of way.

County Attorney Dave Doyle told commissioners the new state law (Senate Bill 7179) expands immunity to improved rights of way and that the resolution makes the county—s position explicit in the event of liability claims. The vote to adopt the resolution was unanimous.

Doyle said the change responds to litigation involving a wet wooden bridge case on the coast and to follow-up work by the Legislature. He summarized the board action as intended to "avail itself of all recreational immunity options that are out there with regard to any liability claims that are asserted against it." Doyle noted the county's recreational base makes clarity especially important for Deschutes County.

The board and staff discussed how recreational immunity intersects with other circumstances. Doyle explained immunity generally does not apply when a fee is charged for access; in that case ordinary negligence and notice rules typically apply. He also discussed sidewalk cases and the typical legal tests (open-and-obvious versus de minimis hazards) used in Oregon.

Commissioners said the alternative to clarifying immunity would be to restrict public access, which they did not want. The county—s action mirrors a statewide push by the Association of Oregon Counties and aligns local policy language with recent changes enacted by the Legislature.

Resolution 2025-036 updates the county—s prior recreational immunity resolution adopted after last year—s state bill and explicitly references improved rights of way as covered under the revised statutory framework. The board directed staff to make the updated resolution part of the county—s procedural record for potential future claims.