Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0068 - South Fork John Day River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Accessible Natural River Area:
(a) That segment of scenic waterway beginning
			 at Ellingson Mill at about river mile 30, being at the intersection of the
			 South Fork John Day River with the northern section line of Section 29,
			 Township 16 South, Range 27 East, Willamette Meridian, (Section 29, T 16S, R
			 27E, W.M.) and extending downstream approximately 24 miles to the north
			 boundary of the Murder's Creek Wildlife Area as constituted on December 8,
			 1988, at about river mile six, being in the Southeast 1/4 of Section 24,
			 Township 13 South, Range 26 East, Willamette Meridian, (SE1/4, Section 24, T
			 13S, R 26E, W.M.) is classified as an Accessible Natural River Area.
(b) This Accessible Natural River Area shall
			 be administered consistent with the standards set by OAR
			 736-040-0035 and OAR
			 736-040-0040(1)(e)(B).
			 In addition to these standards, all new development in resource zones (i.e.
			 farm and forest related dwellings) shall comply with Grant County land use
			 regulations.
(c) New structures and
			 associated improvements shall be totally screened from view from the river by
			 topography and/or vegetation, except as provided under OAR
			 736-040-0030(5),
			 and except those minimal facilities needed for public outdoor recreation or
			 resource protection. If inadequate topographic or vegetative screening exists
			 on the site, the structure or improvement may be permitted if native vegetation
			 can be established to provide total screening of the proposed structure or
			 improvement within a reasonable time (4-5 years). The condition of "total
			 screening," as used in section (1) of this rule, shall consist of adequate
			 topography and/or density and mixture of native evergreen and deciduous
			 vegetation to totally obscure (100%) the subject improvement.
(d) Commercial public service facilities,
			 including resorts and motels, lodges and trailer parks which are visible from
			 the river, shall not be permitted.
(e) New mining operations, except
			 recreational placer mining and recreational prospecting, as those terms are
			 defined and used in ORS
			 390.835, and similar
			 improvements, shall be permitted only when they are totally screened from view
			 from the river by topography and/or vegetation. If inadequate topographic or
			 vegetative screening exists to totally screen the proposed mining site, the
			 mining operation may be permitted if native vegetation can be established to
			 provide total screening of the proposed mining site within a reasonable time
			 (4-5 years).
(f) New roads may be
			 permitted only when totally screened from view from the river by topography
			 and/or vegetation. If inadequate topographic or vegetative screening exists to
			 totally screen the proposed road, the road may be permitted if acceptable
			 topography can be created or road design techniques used to totally screen the
			 road at the time of construction or native vegetation can be established to
			 provide total screening of the proposed road within a reasonable time (4-5
			 years).
(g) Where existing roads
			 are visible from the river, major extensions, realignments, or upgrades to
			 existing roads shall not be permitted. Necessary minor road improvements shall
			 be substantially screened from view from the river. If inadequate topography or
			 vegetation exists to substantially screen the road improvement, the road
			 improvement may be permitted if acceptable topography can be created or road
			 design techniques used to substantially screen the road at the time of
			 construction or native vegetation can be established to provide substantial
			 screening of the road improvement within a reasonable time (4-5 years). The
			 condition of "substantial screening," as used in section (1) of this rule,
			 shall consist of adequate topography and/or density and mixture of native,
			 evergreen and deciduous vegetation to substantially obscure (at least 75%) the
			 subject improvement. When an existing road is regraded, no side cast into or
			 visible from the river shall be permitted. Excess material shall be hauled to
			 locations out of view from the river.
(h) Visible tree harvest or other vegetation
			 management may be allowed provided that:
(A)
			 The operation complies with the relevant Forest Practices Act rules;
(B) Harvest and management methods with low
			 visual impact are used;
(C) The
			 harvest or vegetation management does not degrade the riparian buffer of any
			 waterway; and
(D) The harvest or
			 vegetation management is designed to enhance the scenic view within a
			 reasonable time (5-10 years). For the purposes of this paragraph, "enhance"
			 means to benefit forest ecosystem function and vegetative health by optimizing
			 forest stand densities and vegetative composition, fostering forest landscape
			 diversity and promoting sustainable forest values.
(i) Improvements needed for public outdoor
			 recreation use or resource protection may be visible from the river, but shall
			 be primitive in character and designed to blend with the natural character of
			 the landscape.
(j) Proposed utility
			 facilities shall share existing utility corridors, minimize any ground and
			 vegetation disturbance, and employ non-visible alternatives when reasonably
			 possible.
(k) Whenever the
			 standards of OAR 736-040-0035 and section (1),
			 subsections (c) through (j) of this rule are more restrictive than the Grant
			 County Land Use and Development Ordinance, the above Oregon Administrative
			 Rules shall apply.