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APPEAL TRIBUNE
WEDNESDAY, JULY 12, 2017
Life in the
Valley y
sanews@salem.gannett.com
STATESMAN JOURNAL FILE
An idyllic view of the Oregon Dunes, which stretch approximately 40 miles from Florence to Coos Bay.
Ours forever
CAPI LYNN
STATESMAN JOURNAL
Imagine resorts carved into the
coastline, fences blocking access to the
beaches, and “no trespassing” signs
posted on trails to the ocean.
We’ve never had to in Oregon be-
cause we have free unrestricted public
access to all the state’s beaches.
Landmark legislation passed in 1967,
known as the Beach Bill, guarantees us
access that only Hawaii can match.
Our 362-mile coastline is a recre-
ational playground, with hiking, camp-
ing, fishing and biking, surfing and
beachcombing opportunities galore. It
is one big viewing platform, with en-
chanting beaches, seductive headlands
and glorious vistas at every single turn.
And it is ours forever.
In honor of the 50th anniversary of
the Beach Bill, here are 50 things to
know:
The numbers
1601. The number of the House Bill
introduced in the legislative session on
Feb. 22, 1967, by the Oregon State Parks
and Recreation Department. Sponsors
were Representatives Sidney Bazett
(R-Grants Pass) and W. Stan Ouderkirk
(R-Newport) and Senator Anthony
Yturri (R-Ontario). The bill was as-
signed to the Highway Committee and
quickly became known as the Beach
Bill.
362. The official length in miles of
the Oregon coastline, although the Ore-
gon Parks and Recreation Department
admits the more accurate number
would be upwards of 380. Our coastline
has not grown over the past five dec-
ades, but our mapping technology has
improved. Much depends on how it is
measured and whether jetties are in-
cluded, for example.
16. The elevation in feet, or zone
line, established in the bill. The legisla-
ture’s intent was that it would coincide
with the vegetation line. In instances of
low-lying areas, where the 16-foot line
went through private homes and busi-
nesses, an alternate zone line would be
established 300 feet inward from the
ocean. The bill did not apply the zone
line to bays or estuaries.
$400,000. The estimated cost to
administer the bill, as reported by The
Oregon Statesman on May 23, 1967. In
today’s dollars, that would be nearly $3
million. Speaking for my generation
and generations to come, it was worth
every penny.
57-3. After 10 hearings, the bill
passed by a vote of 57-3 in the House of
Representatives.
27-0. The Senate unanimously ap-
proved the bill, with amendments.
36-20. The House passed the amend-
ed bill on June 7, 1967.
The players
Tom McCall, the 30th governor of
Oregon, signed the Beach Bill into law
on July 6, 1967. He described it as “one
of the most far-reaching measures of
its kind enacted by any legislative body
in the nation.” McCall was one of our
most influential governors, serving two
terms from 1967 to 1975. He was known
for his courage and conviction that led
to progressive legislation like this bill,
the Bottle Bill, and the SB 100 land-use
law.
Oswald West set the stage when he
became governor in 1913. He declared
Oregon’s beaches to be a state highway,
the legislature backed him up, and the
first major protection of public access
was on the books. When McCall signed
the Beach Bill, he quoted West for pro-
tecting our beaches: “No local selfish
interest should be permitted, through
politics or otherwise, to destroy or even
impair this great birthright of our peo-
ple.” A state park south of Cannon
Beach is named after Oswald West.
Bob Straubwas state treasurer at
the time and McCall’s political rival.
The importance of securing free public
access to beaches was one thing they
could agree on. Straub, like McCall,
was a noted environmentalist. He be-
came the 31st governor of Oregon and
helped strengthen the state’s energy
and land-use laws during his tenure.
Straub also has a state park named
after him near Pacific City.
Loran L. “Stub” Stewart, chairman
of the State Parks and Recreation Ad-
visory Committee, deserves much of
the credit for getting the legislation
introduced. During committee testimo-
ny, he affirmed the legislative responsi-
bility to provide outdoor recreation
opportunities for Oregonians and visi-
tors. “We have the finest beach recrea-
tion areas in the nation; and the High-
way Commission, through this bill,
wants to keep it that way for the pub-
lic.” A state park between Portland and
the coast is named after Stewart.
William Hay was a Portland real
estate broker who owned the Surfsand
Motel in Cannon Beach, where the con-
troversy hit like a sneaker wave. Hay
placed large driftwood logs to block off
a section of the dry sand area in front
of the motel, put up cabanas and tables
for guests only, and installed private
property signs on the perimeter. The
moves exposed a loophole in the 1913
legislation, which technically protected
only the wet sands. If not for Hay, the
issue might not have been addressed
until years later during a much differ-
ent political climate.
Sidney Bazett , chairman of the
House Highway Committee, was anoth-
er advocate of public rights on our
beaches. The bill nearly died in com-
mittee before the efforts of Bazett and
concerned citizens revived it.
Dr. Robert Bacon and Laurence
Bitte led a group called Citizens to Save
Oregon Beaches and threatened an
initiative petition if the legislation
50 years ago, landmark
legislation guaranteed free public
access to Oregon’s beaches
failed. Dr. Bacon was an anatomy pro-
fessor at the University of Oregon
Medical School. Bitte was a graduate
student at the University of Oregon.
They represented the spirit of all Ore-
gonians who champion our natural
resources and environmental causes.
Alfred “Ted” Goodwin, the Oregon
Supreme Court judge who wrote the
1969 decision upholding the constitu-
tionality of the Beach Bill and declaring
that Oregon’s beaches should remain
public property. He served on the court
from 1960 to 1969 before being appoint-
ed by President Richard Nixon as a U.S.
district judge and then to the 9th U.S.
Circuit Court of Appeals.
Key moments
Media swell. When hearings for the
Beach Bill began, few Oregonians were
aware their beach access was in jeopar-
dy, or that legislation was introduced to
guarantee that access. Sponsors
warned that without the public’s sup-
port, the bill would die in committee.
After a reporter with The Associated
Press wrote a series of articles that
published in newspapers across the
state, the committee was flooded with
letters and telegrams, hearing from
more than 10,000 people who supported
the bill.
Local coverage. The Beach Bill
dominated the headlines in The Oregon
Statesman during the 1967 legislative
session and showed just how heated a
debate it was: “Beach Issue Explodes in
Legislature” and “Latest Beach Bill
Unveiled, Stirs Up Fire.” One of my
favorite headlines from another publi-
cation was “This Sand is Your Sand,
This Sand is My Sand.”
Strong statement. Grainy video
footage of Straub, in the Oregon His-
torical Society archives, includes this
comment about what to expect if the
Beach Bill were to fail: “If the legisla-
ture turns its back on passing this need-
ed legislation, you won’t recognize the
Oregon Coast four years from now
because it’ll be fenced and it’ll be built
on, and it’ll look like the East coast, and
it’ll look like much of the area down in
California.”
Scientifically speaking. McCall
enlisted a group of experts from Ore-
gon State University, including engi-
neers, oceanographers, biologists, and
geologists, to develop a formula that
would define the boundary for public
beach access. When the bill was first
introduced, the elevation line was 12
feet instead of 16.
PR stunt. A longtime journalist who
knew a golden public relations opportu-
nity when he saw it, McCall planned a
trip to the Oregon coast to test the new
formula. The governor was joined by a
group of surveyors, scientists, and
journalists for stops in several coastal
communities, including Cannon Beach.
The myth.Despite countless reports,
McCall did not swoop in on a helicopter
with his entourage and land at Cannon
Beach. He did take a ride in a helicop-
ter that day, but not to Cannon Beach.
He arrived by limo, and the local mu-
seum has photos to prove it. While sur-
veying was done at other locations,
none took place there. Stakes were
pounded into the sand for prop’s sake,
but much of what has been written
since has added to the legend. “It’s
mostly true,” says Elaine Trucke, exec-
utive director of the Cannon Beach
History Center and Museum. “But it’s
been embellished over the years.”
Iconic image. Photographers cap-
tured McCall standing in front of the
Surfsand Motel and glaring at the drift-
wood barriers. He wore a dark suit and
dark sunglasses, and it was reported
that he grumbled to motel guests about
Hay’s audacity and at one point drew a
line in the sand. Public support grew
after that day. Some consider this mo-
ment the turning point for the bill.
The aftermath
The survey. The Beach Bill called
for the state to survey the entire coast.
Aerial photographs were taken during a
project that spanned 1968 and 1969, and
the zone line was marked. The Oregon
Parks and Recreation Department has
the black and white, grainy images in
its archives. Some of the aerial shots
also have been preserved in the Oregon
State Library.
Measure 6. There were doubts the
bill would withstand legal challenges
related to property rights. Bob Straub,
for one, wanted more protection. He
and a citizens’ group, Beaches Forever,
Inc., pushed a 1968 initiative proposing
a temporary 1-cent-a-gallon gas tax for
the state to buy privately owned beach
land. The measured was defeated.
Challenges. Bill Hay, owner of the
Surfsand Motel, and Lester Fultz, a
Neskowin developer who started work
on a private road which extended sea-
ward past the vegetation line, chal-
lenged the public rights’ claims in court
but lost. They appealed to the Oregon
Supreme Court, where they also lost.
The Beach Bill generated other law-
suits that were subsequently dropped.
Second signing. McCall signed into
law in 1969 the amendments based on
the aerial survey points called for in
the original bill. That was the same
year the organization originally called
S.O.L.V. (Stop Oregon Litter and Van-
dalism) was created by the governor
and other community leaders to ad-
dress the need for community action.
Today SOLVE is building on a vision to
improve the environment in Oregon
and build a legacy of stewardship.
The bounty
Sights. Haystack Rock in Cannon
Beach is one of Oregon’s most recogniz-
See BEACHES, Page 3A