justicedao/ipfs_state_laws huggingface dataset:
736-040-0005 Rules for Conducting Hearings on Scenic Waterways Regulations The Commission hereby adopts and promulgates rules and procedures governing hearings on regulations for the management of related adjacent land within scenic waterways as provided in ORS 390.845(2): (1) The Parks and Recreation Commission hereby delegates to the State Parks and Recreation Director, or his designated representative, the duty of arranging and conducting auditory public hearings, if such are requested, under the provisions of ORS 390.845(2). (2) The Department shall fully record and transcribe any public rulemaking hearing held pursuant to ORS chapter 183, and the Department will receive and properly mark all exhibits, documents or other statements introduced or received at the hearing. The record of the hearing shall include exhibits, documents or other statements the Commission receives within ten days after the hearing. (3) The Department rules coordinator shall file in the Commission's records a full copy of the transcript of the hearing as well as a copy of all exhibits, documents or other statements received at the hearing. The Commission will consider the transcript, including exhibits, documents or other statements, in preparing Scenic Waterways rules and regulations. (4) The procedure under which any hearing will be conducted is as follows: (a) The comments and exhibits to be received at this hearing will be limited to whether the rules and regulations proposed by the State Parks and Recreation Department are reasonable; (b) The Department will explain the limits and intent of the proposed rules and regulations; (c) Except for questions that may be asked by the hearing officer there will be no direct questions to or cross-examination of any individual who is making a statement or introducing exhibits; (d) Following opening statements by representatives of the Department, the hearing will be open to anyone in attendance who wishes to make a statement or introduce exhibits either for or against the proposed rules and regulations. The hearing officer will recognize anyone in attendance for this purpose; (e) The hearing will be continued with such recesses as are necessary, as determined by the hearing officer, until all persons wishing to make a statement or introduce exhibits have had an opportunity to do so. Statutory/Other Authority: ORS 183.545, 183.550 & 390.805 - 390.925 Statutes/Other Implemented: ORS 390.124 & 390.845 History: PRD 6-2008, f. & cert. ef. 5-15-08 PR 15-1992, f. & cert. ef. 11-12-92 HC 1252, f. 5-13-71, ef. 5-12-71
736-040-0010 Designated Scenic Waterways These rules apply to those river segments and lakes designated as Oregon Scenic Waterways in ORS 390.826. Statutory/Other Authority: ORS 183.545, 183.550, 184 & 390.805 - 390.925 Statutes/Other Implemented: ORS 390.826 & 390.845 History: PR 15-1992, f. & cert. ef. 11-12-92 PR 2-1988, f. & cert. ef. 3-25-88 PR 7-1986, f. & ef. 5-28-86 PR 6-1986, f. & ef. 5-28-86 PR 7-1985, f. & ef. 10-24-85 1OTC 14, f. 12-5-73 1OTC 6, f. 11-1-73 HC 1285, f. 6-27-72 HC 1258, f. 6-30-71
736-040-0015 Definition of Terms As used in these rules and regulations, unless the context requires otherwise: (1) "The Act" means the Scenic Waterways Act (ORS 390.805 to 390.925). (2) "Commission" means the Oregon Parks and Recreation Commission or State Parks and Recreation Commission. (3) “Department” means the Oregon Parks and Recreation Department or State Parks and Recreation Department. (4) “Director” means the Director of the Oregon Parks and Recreation Department. (5) "Existing Use" means the use to which related adjacent land was being put on December 3, 1970; or on the date a river segment or lake was designated as a scenic waterway; or any subsequent change in use authorized under the Act or these rules. (6) "Improvement" means the placing on related adjacent land of any building or structure or modification of existing buildings or structures or the clearing, leveling, filling or excavating of related adjacent land. (7) "Related Adjacent Land" means all land within one-fourth of one mile (measured horizontally or level, as in usual surveying practice) of the bank on each side of a river within a scenic waterway, except land that, in the Commission's judgment, does not affect the view from the waters within a scenic waterway. (8) "River Bank." The banks of a river are the boundaries which confine the water to its channel throughout its entire width when the stream is carrying high water at the elevation to which it ordinarily rises annually in season. Generally this will be the line at which the land becomes dominantly influenced by the river and takes on the characteristics of a riverbed and is thereby set apart from the uplands. An evulsion or sudden channel change will not change the boundaries of related adjacent lands. (9) "Road" means all roads, public and private. (10) "Scenic Easement" means the acquired right to control the use of related adjacent land, including airspace above such land, for the purpose of protecting the scenic view from waters within a scenic waterway. (11) "Scenic Waterway" means a river, lake or segment thereof, including related adjacent land and the airspace above, that has been so designated by or in accordance with the Act. (12) "Seen from the Waters" and "Visible from the River" mean not entirely concealed from view from the river within a scenic waterway by topography. Land beyond the boundaries of "related adjacent land," whether or not visible from the river, is not within the jurisdiction of this Act. Statutory/Other Authority: ORS 390.805 - 390.925 Statutes/Other Implemented: ORS 390.845 History: PRD 6-2008, f. & cert. ef. 5-15-08 PR 15-1992, f. & cert. ef. 11-12-92 HC 1285, f. 6-27-72 HC 1258, f. 6-30-71
736-040-0020 Responsibility and Authority of the Oregon Parks and Recreation Commission (1) The Commission shall administer the Act in such a manner as to protect and enhance the values which caused a scenic waterway to be included in the system. Primary emphasis shall be given to protecting the scenic beauty, fish and wildlife, scientific and recreation features, based on the special attributes of each area. (2) The Commission has adopted these regulations governing the management of related adjacent lands, including state highway construction, after due consideration of the responsibilities outlined above and consultation with the Oregon State Department of Forestry, the Department of Agriculture, and other such federal, state, and local agencies as may be involved; and with the concurrence of the Oregon Water Resources Commission. (3) Agreements entered into and approvals given by the Commission in no way relieve persons or entities affected thereby of requirements established by other governmental agencies, local, state or federal. Statutory/Other Authority: ORS 390.805 - 390.925 Statutes/Other Implemented: ORS 390.845 History: PRD 6-2008, f. & cert. ef. 5-15-08 PR 15-1992, f. & cert. ef. 11-12-92 HC 1285, f. 6-27-72 HC 1258, f. 6-30-71
736-040-0025 Public Use of Scenic Waterways (1) These rules apply to all scenic waterways unless more specific rules have been adopted for a particular scenic waterway. All persons using scenic waterways for recreation shall comply with the provisions of the Act and with the rules and regulations adopted by the Commission under the Act: (a) Private Property: Nothing in the Act or in these rules and regulations affords to any person any right to trespass upon the property of another or in any way alters the rights of private landholders in regard to trespass. The Commission admonishes all persons to respect the rights and sensibilities of those who make their homes and livelihoods within the scenic waterways; (b) Litter and Pollution: Refuse, scrap, trash and garbage which is not placed in receptacles provided for that purpose at maintained recreation sites shall not be buried or abandoned, but shall be taken out of the scenic waterways for proper disposal. All persons shall avoid pollution of the waters, lands and air within scenic waterways in any manner whatsoever; (c) Fires: Fires shall be made only in compliance with state law and only when and where there is no possibility of their causing damage. Conditions of wind and weather, proximity of vegetation or flammable materials and other factors as prudence dictates shall be most carefully considered. No open fire shall be made unless a shovel, axe and bucket of water are nearby. No open fire shall be left unattended and all fires shall be completely extinguished with water after use. Permissible fires shall be of the smallest practicable size; (d) Tree Cutting: Living or standing trees or plants shall not be cut for burning or for any other purpose by persons using the scenic waterways for recreation; (e) Collecting Souvenirs and Relics: Except as provided by law, antiquities, relics, artifacts, fossils and souvenirs shall not be removed from the site of their discovery or otherwise harmed. Archeological sites and fossil beds shall not be disturbed without proper authority under law; (f) Livestock: Persons using the scenic waterways for recreation shall not harass or in any way interfere with livestock or domestic animals, whether on private or public land, or damage fences lawfully placed on such lands for their management. (2) Natural springs shall not be damaged or in any way rendered unusable by persons or animals. (3) The Commission asks all persons to leave in passing no mark upon the land that might diminish its value to another, for the unspoiled beauty of these waterways, of value to the human spirit, is the common heritage of all. Statutory/Other Authority: ORS 390 Statutes/Other Implemented: ORS 390.845 History: PR 3-1982, f. & ef. 3-26-82 HC 1285, f. 6-27-72
736-040-0030 Improvements and Changes in Use of Related Adjacent Lands (1) Except as provided in section (5) of this rule, OAR 736-040-0035 and 736-040-0045 through 736-040-0075, no person shall make any improvement or change in the existing use of related adjacent land without first giving written notification to the Commission of the intent to make an improvement or change in land use. The proposed improvement or change in land use shall not be made or work started sooner than one year after such notice unless the Commission has given its written approval of the proposal. (See notification procedures in OAR 736-040-0080.) (2) Upon receipt of such notice, the Commission shall determine if the proposal would impair the natural beauty of the scenic waterway substantially. (3) If the proposed improvement or change of land use would not impair the natural beauty substantially, the Commission shall give written notice to the owner of the related adjacent land that he may proceed immediately with the proposal as described in his notification to the Commission. (4) Should the Commission determine that the proposal, if carried out, would impair the natural beauty of the scenic waterway substantially, or otherwise violate the provisions of the Act or these rules and regulations, it will so notify the owner of the related adjacent land in writing. No steps shall be taken by the applicant to carry out such proposal until at least one year after the original notice to the Commission unless agreement with the Commission is sooner reached. (See OAR 736-040-0080.) (5) In connection with existing use of related adjacent land, farmers, ranchers and residents may modify existing structures or construct or place such subsidiary and lesser structures adjacent thereto, except residences or guest houses, as are usual and necessary to their existing use without prior notice to the Commission, provided that such modification or construction will not violate OAR 736-040-0035(7)(a) and (b) and will be in harmony with the natural beauty of the scenic waterway. (6) Repair and maintenance of existing facilities and structures in a manner compatible with these rules and regulations do not require notification to the Commission. Statutes/Other Implemented: ORS 390.845 History: 1OTC 6, f. 11-1-73 HC 1285, f. 6-27-72
736-040-0042 Walker Creek Scenic Waterway Recreational River Area: (1) Walker Creek from its source downstream to its confluence with the Nestucca River. (2) The Department will administer the Recreational Area described in section (1) consistent with the purposes of OAR 736-040-0040(1)(c)(B). Within this area, the Department may permit mining operations, timber harvesting, other landscape alteration activities, new structures and improvements only when substantially screened from view from the creek and from the boundary of the Walker Creek Wetland/Meadow area. The boundary of the Walker Creek Wetland/ Meadow extends to the transition area at the edge of the wetlands where hydric soils no longer occur. All landscape alterations (i.e., timber management) shall be carried out in such a manner as to protect hydrological and biological functions of the Walker Creek Wetland/Meadow. Timber harvest shall be conducted as prescribed by the Oregon Forest Practices Act and administrative rules. For other landscape alteration proposals, the project applicant shall provide methods by which hydrological and biological functions will be protected. Developments necessary for public outdoor recreation, as provided by public agencies, and resource protection or enhancement may be visible from the river but must blend into the natural scene. (3) For the purposes relating to notification of intent within the Walker Creek Scenic Waterway, any maintenance, repair or expansion of McGuire Dam and its appurtenances (including pipes and pumping facilities) is exempt from notification review so long as said activity does not extend westerly of the north/south centerline of Section 15, Township 3 South, Range 6 West, Willamette Meridian, Yamhill County. Statutory/Other Authority: ORS 390.845(2) Statutes/Other Implemented: ORS 390.845(2) History: PRD 6-2008, f. & cert. ef. 5-15-08 PR 3-1992, f. & cert. ef. 7-29-92
736-040-0044 Interim Classification of State Scenic Waterways The Department will assign those segments of rivers under the scenic waterways program without a management plan an interim river classification until such time as the Commission, with the concurrence of the Oregon Water Resources Commission, adopts a river management plan. Only one interim river classification will be assigned to each scenic waterway as indicated in the following list: River — Classification (1) Clackamas River: (a) North Fork of the Clackamas River, that segment from the source to North Fork Reservoir (12 miles) — Scenic; (b) South Fork of the Clackamas River, that segment from river mile 4 to main stem — Scenic. (2) Deschutes River: Upper, that segment from Little Lava Lake to Crane Prairie Reservoir (8 miles) — Recreational; (3) McKenzie River: (a) South Fork, that segment from the Three Sisters Wilderness boundary to Cougar Reservoir (16.5 miles) — Scenic; (b) South Fork, that segment from Cougar Dam to mainstem (4.5 miles) — Recreational. (4) North Santiam River: Little North Fork, that segment from Battle Ax Creek to Willamette National Forest boundary (7 miles) — Scenic. (5) North Umpqua River: From Mt. Thielsen Wilderness boundary to Lemolo Reservoir (6 miles) — Scenic. Statutory/Other Authority: ORS 390.845(2) Statutes/Other Implemented: ORS 390.845(2) History: PRD 6-2008, f. & cert. ef. 5-15-08 PRD 9-2002, f. & cert. ef. 10-3-02 PR 9-1996, f. & cert. ef. 10-9-96 PR 8-1994, f. & cert. ef. 7-11-94 PR 11-1991, f. & cert. ef. 6-18-91
736-040-0049 Upper Clackamas River Scenic Waterway (1) Recreation River Areas: (a) That segment of the Upper Clackamas River from the Forest Service Road 4690 Bridge, to the junction of Forest Service Road 4690 with Forest Service Road 46 at approximately river mile 75.66; (b) That segment of the Upper Clackamas River from June Creek Bridge to the confluence of Tar Creek with the River; (c) That segment of the Upper Clackamas River immediately upstream (south of) Indian Henry Campground at approximately river mile 49.33 to North Fork Reservoir at approximately river mile 34; (d) Any form of improvement, new development, new structure, change in existing land use and improvement associated with an existing structure shall comply with provisions of OAR 736-040-0035, 736-040-0040(1)(c)(B), and the Clackamas County land use regulations with regard to those lands within the Upper Clackamas Scenic Waterway as described in subsections (1)(a), (b), and (c) of this rule. (2) Scenic River Areas: (a) That segment of the Upper Clackamas River from the boundary of the Olallie Lake Scenic Area, as constituted on December 8, 1988, at approximately river mile 82 to the Forest Service Road 4690 Bridge; (b) That segment of the Upper Clackamas River from the junction of Forest Service Road 4690 with Forest Service Road 46 to the June Creek Bridge; (c) That segment of the Upper Clackamas River from the confluence of Tar Creek with the river to immediately upstream from (south of) Indian Henry Campgrounds at approximately river mile 49.33; (d) Any form of improvement, new development, new structures, change in existing land use and improvements associated with existing structures shall comply with provisions of OAR 736-040-0035, 736-040-0040(1)(b)(B) and the Clackamas County land use regulations with regard to those lands within the Upper Clackamas Scenic Waterway as described in subsections (2)(a), (b), and (c) of this rule. Statutory/Other Authority: ORS 390.845(2) Statutes/Other Implemented: ORS 390.845(2) History: PR 5-1993, f. & cert. ef. 3-15-93
736-040-0050 llinois River Scenic Waterway (1) Accessible Natural River Area: (a) The segment of the scenic waterway extending from Deer Creek downstream approximately 14 miles to Briggs Creek is classified as an Accessible Natural River Area; (b) In order to preserve the river and related adjacent lands in an essentially primitive condition, no new structures or improvements which are visible from the river other than those erected or made in connection with a compatible existing use, or those needed for public recreation or for resource protection, will be permitted. Additional dwellings and commercial public service facilities, including resorts and motels, lodges and trailer parks which can be seen from the river, will not be permitted, except for a youth camp constructed and operated by the Boy Scouts of America, after proper notification and Commission approval, on their deeded property, amounting to 105.98 acres, within Township 37 South, Range 9 West, Section 32, Tax Lot 200, Josephine County. (2) Natural River Area: (a) The segment of the scenic waterway extending from Briggs Creek downstream approximately 27-1/2 miles to the intersection with the North Boundary Line of Section 32, Township 35 South, Range 11 West, of the Willamette Meridian (T 35S, R 11W, W.M.), Curry County, near Lawson Creek, is classified as a Natural River Area; (b) In order to preserve the river and related adjacent lands in an essentially primitive condition, no new structures or improvements which are visible from the river other than those erected or made in connection with a compatible existing use, or those needed for public recreation or for resource protection, will be permitted. Additional dwellings and commercial public service facilities, including resorts and motels, lodges and trailer parks which can be seen from the river, will not be permitted. (3) Recreational River Area: (a) The segment of the scenic waterway beginning at the intersection with the North Boundary Line of Section 32, Township 35 South, Range 11 West, of the Willamette Meridian (T 35S, R 11W, W.M.), Curry County, near Lawson Creek, downstream approximately 3-1/2 miles to the boundary of the Agness River Community Area, is classified as a Recreational River Area; (b) Within this area, permitted uses and structures may include agriculture, single-family dwellings, lodges, resorts and other necessary commercial public service facilities. Including those already existing, structures and improvements which are visible from the river will be limited to a total of four on each side of the river within any one mile of river frontage as shown on the plan and profile maps of the Illinois River prepared by the U.S. Geological Survey from survey made in 1923. (4) River Community Area: The segment of the scenic waterway extending from the boundary of the Agness River Community Area to the Rogue River is classified as part of that area. Statutory/Other Authority: ORS 390.845(2) Statutes/Other Implemented: ORS 390.845(2) History: HC 1285, f. 6-27-72
736-040-0051 Elk River Scenic Waterway (1) Natural River Areas: (a) Adjacent lands on the north side of the Elk River from its confluence with Butler Creek on the east side of the Grassy Knob Wilderness downstream to Anvil Creek; (b) The North Fork Elk River from its intersection with the NW1/4 Sec.17, T33S, R12W downstream to its confluence with the main stem Elk River; (c) The South Fork Elk River from its intersection with the SW1/4 of Sec. 30, T33S, R12W downstream to its confluence with the main stem Elk River. (2) Scenic River Areas: (a) Adjacent lands on the north side of the Elk River from its confluence with Anvil Creek downstream to the Elk River Fish Hatchery; (b) Adjacent lands on the south side of the Elk River from its confluence with Butler Creek on the east side of the Grassy Knob Wilderness downstream to the Elk River Fish Hatchery; (c) The main stem Elk River from its confluence with the North Fork Elk River and South Fork Elk River downstream to its confluence with Butler Creek; (d) The headwaters of the North Fork Elk River downstream to its intersection with the NW1/4 Sec.17, T33S, R12W; (e) The headwaters of the South Fork Elk River downstream to its intersection with the SW1/4 Sec.30, T33S, R12W. Statutory/Other Authority: ORS 390.845(2) Statutes/Other Implemented: ORS 390.845(2) History: PRD 7-1998, f. 6-15-98, cert. ef. 6-17-98
736-040-0060 Minam River Scenic Waterway (1) Natural River Area: (a) The segment of the scenic waterway extending from Minam Lake downstream approximately 37 miles to the river’s intersection with the Willamette Base Line, which is also the north boundary of Section 4, Township 1 South, Range 41 East, of the Willamette Meridian (T 1S, R 41E, W.M.), Union County, is classified as a Natural River Area; (b) In order to preserve the river and related adjacent lands in an essentially primitive condition, no new structures or improvements, other than those erected or made, after notification and Commission approval, in connection with existing uses by Red’s Horse Ranch and Minam River Lodge, or those needed for public recreation or for resource protection, will be permitted. (2) Accessible Natural River Area: (a) The segment of the scenic waterway extending from the river’s intersection with the Willamette Base Line which is also the north boundary of Section 4, Township 1 South, Range 41 East, of the Willamette Meridian, (T 1S, R 41E, W.M.), Union County, downstream approximately eight miles to the Wallowa River, is classified as an Accessible Natural River Area; (b) Additional dwellings and commercial public service facilities, including resorts, motels, lodges and trailer parks which are visible from the river will not be permitted. Roads within the area shall not be extended or improved substantially. Statutory/Other Authority: ORS 390.845 Statutes/Other Implemented: ORS 390.845(2) History: HC 1285, f. 6-27-72