736-040-0110 Molalla River Scenic Waterway (1) Scenic River Area: (a) That segment of the Molalla River from the Confluence with the Table Rock Fork to Pine Creek 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 Clackamas 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. (2) Recreational River Area: (a) That segment of the Molalla River from the Pine Creek Confluence to Trout Creek 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 Clackamas County land use and development regulations. (c) Natural evergreen vegetation shall be maintained between improvements and the river unless removal does not impact the view as seen from the river. (d) 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 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. (f) 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. (g) New roads, mines and similar forms of development shall be set back from the river consistent with Clackamas 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. (3) River Community Area: (a) That segment of the Molalla River from the Confluence with Trout Creek to the Glen Avon Bridge is classified as a River Community Area. (b) Lands located north of the Glen Avon Bridge, and north of Dickey Prairie Road west of the Glen Avon Bridge, do not affect the view from the waters within the scenic waterway and are not regulated as related adjacent land under this division. (c) The department shall administer this River Community Area as provided in OAR 736-040-0035 and 736-040-0040(1)(f). In addition, all new improvements shall be consistent with applicable Federal and State laws, and Clackamas County land use and development regulations. Statutory/Other Authority: ORS 390.124 Statutes/Other Implemented: ORS 390.805 – 390.925 History: PRD 1-2017, f. & cert. ef. 2-2-17