736-040-0100 Chetco River Scenic Waterway (1) Accessible Natural River Area: (a) That segment of the Chetco River from the Steel Bridge to Eagle Creek is classified as an Accessible Natural River Area. (b) The department shall administer this Accessible Natural River Area consistent with the provisions of OAR 736-040-0035 and 736-040-0040(1)(e)(B). In addition, all improvements shall be consistent with applicable Federal and State laws, and Curry County land use and development regulations. (c) In order to preserve the river and related adjacent lands in an essentially primitive condition, no new improvements that are visible from the river other than those erected or made in connection with a compatible existing use will be allowed to proceed. Improvements necessary for public outdoor recreation, as provided by public agencies, and resource protection or enhancement may be visible from the river but shall be designed to blend with the natural character of the landscape as much as possible. (d) Any new improvement allowed to proceed should be primitive in character and include screening by topography so it is not visible from the river. (e) New roads may be allowed to proceed only when not visible from the river. Screening may be provided by topography, vegetation, or both. (f) Major extensions, realignments, or upgrades to existing roads that are visible from the river shall be totally screened from view. Screening may be provided by topography, vegetation, or both. (2) Scenic River Area: (a) That segment of the Chetco River from Eagle Creek to the South Fork Confluence is classified as a Scenic River Area. (b) The department shall administer this Scenic River Area as provided in OAR 736-040-0035 and 736-040-0040(1)(b)(B). In addition, all new improvement shall be consistent with applicable Federal and State law, and Curry County land use and development regulations. (c) New improvements shall be finished in colors and tones that blend with the natural character of the landscape. For the purposes of this rule, landscape includes indigenous vegetation, soils and rock material. (d) Natural evergreen vegetation shall be maintained between the improvements and the river. If proposed improvements are visible from the river the department may allow the project to proceed if vegetation is established by the applicant that will substantially screen the project in a reasonable time (for example, 4–5 years). The condition of "substantial vegetative screening" shall consist of an ample density and mixture of native vegetation to totally obscure or allow only a highly filtered view of the proposed structures or improvements as seen from the waters. Improvements necessary for public outdoor recreation, as provided by public agencies, and resource protection or enhancement may be visible from the river but shall be designed to blend with the natural character of the landscape as much as possible. (e) New roads may be allowed to proceed only when screened from view from the river by topography, vegetation, or both. (3) Recreational River Area: (a) That segment of the Chetco River from the South Fork Confluence to the southern boundary of Alfred A. Loeb State Park is classified as a Recreational River Area. (b) The department shall administer this Recreational River Area as provided in OAR 736-040-0035 and 736-040-0040(1)(c)(B). In addition, all new improvements shall be consistent with applicable Federal and State laws, and Curry County land use and development regulations. (c) New improvements shall be finished in colors and tones that blend with the natural character of the landscape. For the purposes of this rule, landscape includes indigenous vegetation, soils and rock material. (d) New improvements (except as provided under OAR 736-040-0030(5)) shall be partially screened with existing vegetation, topography, or both. If inadequate topography or vegetative screening exists on a site, the improvement may be allowed to proceed if vegetation (preferably native) is established by the applicant to provide partial screening of the proposed improvement as seen from the waters within a reasonable time (4-5 years). The condition of "partial screening" shall consist of an ample density and mixture of native vegetation to partially obscure (at least 50 percent) the viewed improvement, or allow a partially filtered view (at least 50 percent filtering) of the proposed improvement. (e) Improvements necessary for public outdoor recreation, as provided by public agencies, and resource protection or enhancement may be visible from the river but shall be designed to blend with the natural character of the landscape as much as possible. (f) New roads and similar forms of development shall be set back from the river consistent with Curry County zoning and land development requirements and be partially screened from view from the river by topography or by existing or newly established native vegetation. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.805 – 390.925 History: PRD 1-2017, f. & cert. ef. 2-2-17