reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0015 - Definition of Terms

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  390.805 -
				  390.925
Stats. Implemented: ORS
				  390.845
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0020 - Responsibility and Authority of the Oregon Parks and Recreation Commission

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  390.805 -
				  390.925
Stats. Implemented: ORS
				  390.845
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0025 - Public Use of Scenic Waterways

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0030 - Improvements and Changes in Use of Related Adjacent Lands

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.:
Stats. Implemented: ORS
				  390.845
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0035 - Rules of Land Management

Current through Register Vol. 63, No. 7, July 1, 2024
These rules and regulations governing the use of related
				adjacent lands and improvements made on or to these lands apply to all
				designated scenic waterways. Land management on scenic waterways includes, but
				is not limited to, the following examples:
(1) Timber Harvest: The forest cover on
			 related adjacent land is a part of the scenic beauty of the scenic waterway and
			 notification of planned timber harvest operations must be given to the
			 Commission one year prior to commencement. The notification must include a plan
			 specifying timber to be cut, road locations, logging methods, slash cleanup,
			 soil stabilization, revegetation measures and any other details as the
			 Commission may require.
(2) Tree
			 Cutting: No person shall cut any living tree within a scenic waterway without
			 prior written notice except as provided in these rules.
(3) Grazing and Farming: Existing use in the
			 form of grazing or farming of the related adjacent land is a part of the scenic
			 beauty of the waterway. Notification is not required for:
(a) Construction of fences;
(b) Maintenance of farm buildings, fences or
			 appurtenances necessary to existing use;
(c) Laying of irrigation lines;
(d) Pump house construction, if not in
			 violation of OAR 736-040-0030(5);
(e) Additions to farm buildings, if not in
			 violation of OAR 736-040-0030(5);
(f) Crop rotation;
(g) Variations in grazing land
			 management;
(h) Placing of grazing
			 land under cultivation, except within classified natural river areas named in
			 OAR 736-040-0045 through
			 736-040-0075;
(i) Construction of silos and grain storage
			 facilities, and other structures or buildings as are needed in connection with
			 the existing use of the related adjacent land, if not in violation of OAR
			 736-040-0030(5),
			 except within classified natural river areas named in OAR
			 736-040-0045 through
			 736-040-0075;
(j) Cutting of danger trees. Notification is
			 required for construction of new roads or improvement of existing
			 roads.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0040 - Classification of Scenic Waterways and Segments Thereof

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OAR
			 736-040-0040 through
			 736-040-0075 supplement, but in
			 no way alter, other provisions of these rules and regulations. Notification
			 procedures set forth in OAR
			 736-040-0030,
			 736-040-0035 and
			 736-040-0080, relating to Land
			 Management, are applicable to these rules. In order to establish varying
			 intensities of protection or development based on special attributes of each
			 area within the scenic waterways, the following classifications are
			 established:
(a) Natural River Areas:
(A) Those designated scenic waterways or
			 segments thereof that are generally inaccessible except by trail or the river,
			 with related adjacent lands and shorelines essentially primitive. These
			 represent vestiges of primitive America;
(B) Natural River Areas may include an
			 occasional lightly traveled road, airstrip, habitation or other kind of
			 improvement already established, provided the effects are limited to the
			 immediate vicinity;
(C) Natural
			 River Areas will be administered to preserve their natural, wild and primitive
			 condition, essentially unaltered by the effects of man, while allowing
			 compatible recreational uses, other compatible existing uses and protection of
			 fish and wildlife habitat.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0042 - Walker Creek Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  390.845(2)
Stats. Implemented: ORS
				  390.845(2)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0043 - Upper McKenzie River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recreational River Areas:
(a) The following river segments from Clear
			 Lake to Deer Creek are classified Recreational River Areas:
(A) Adjacent lands east of the river from
			 Clear Lake to Carmen Reservoir;
(B)
			 Adjacent lands east of the river from Tamolitch Falls to Trail Bridge
			 Reservoir;
(C) Adjacent lands east
			 of the river from Trail Bridge Dam to the confluence of Deer Creek with the
			 McKenzie River.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0044 - Interim Classification of State Scenic Waterways

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0045 - Rogue River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
Within the Rogue River Scenic Waterway, already designated as a
				component of the National Wild and Scenic Rivers System by Public Law 90-542,
				the Commission will, insofar as its responsibility and authority under the Act
				permit, give consideration to the management objectives and directives stated
				in the Rogue River Plan prepared jointly by the United States Forest Service
				and the Bureau of Land Management.
(1)
			 Natural River Area:
(a) That segment of the
			 scenic waterway extending from Grave Creek downstream approximately 33 miles to
			 Watson 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 other improvements, except those needed for public outdoor recreation or for
			 resource protection, and no new lodges or commercial public service facilities
			 which are visible from the river will be permitted. Additional boat docks,
			 moorings or "salmon boards" will not be permitted.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0048 - Wallowa River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Minam River Community Area:
(a) That segment of the Wallowa River zoned
			 Rural Service by Wallowa County at Minam;
(b) This River Community Area shall be
			 administered consistent with the standards set by OAR
			 736-040-0035 and
			 736-040-0040(1)(f).
			 In addition to these standards, all new development shall comply with Wallowa
			 County land use regulations:
(A) New mining
			 operations and similar improvements shall be permitted only when they are
			 substantially screened from view from the river by topography and/or existing
			 vegetation. If inadequate topographic or vegetative screening exists on a site,
			 mining and similar forms of development may be permitted if vegetation is
			 established which would provide substantial screening of the affected area. The
			 condition of "substantial screening" shall consist of an ample density and
			 mixture of evergreen and deciduous vegetation (preferably native) to totally
			 obscure the altered improvement site;
(B) If land is to remain in forest use,
			 visible timber harvest may be allowed provided that:
(i) The operation complies with the relevant
			 Forest Practices Act rules;
(ii)
			 Harvest methods with low visual impact are used; and
(iii) The effect of the harvest enhances the
			 scenic view within a reasonable time (5-10 years). For the purposes of this
			 rule, "enhance" means to improve timber stand health, including reducing stand
			 density, by emulating the mosaic character of the natural forest landscape
			 (pre-forest management tree density patterns - Prior to
			 1920).
(C) New roads
			 constructed for timber harvest, mining or any other purpose shall be partially
			 screened, either with vegetation or topography. If inadequate topography or
			 vegetative screening exists, the road may be permitted if vegetation
			 (preferably native) is established to provide partial screening of the road
			 within a reasonable time (4-5 years). The condition of "partial screening"
			 shall consist of an ample density and mixture of evergreen and deciduous
			 vegetation (preferably native) to allow a partially filtered view (at least 30
			 percent filtering) of the road;
(D)
			 Improvements needed for public recreation use or resource protection may be
			 visible from the river, but shall be designed to blend with the natural
			 character of the landscape;
(E)
			 Whenever the standards of OAR
			 736-040-0035 and the above rule
			 are more restrictive than the applicable County Land Use and Development
			 Ordinance, the above Oregon Administrative Rules shall apply.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0049 - Upper Clackamas River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0050 - llinois River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0051 - Elk River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0056 - Metolius River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recreational River Areas:
(a) Two river segments are designated as
			 Recreational River Areas:
(A) The segment of
			 the scenic waterway beginning at Metolius Springs at approximately river mile
			 41.2 extending downstream to the confluence of North Fork of Lake Creek, also
			 known locally as Spring Creek, at approximately river mile 39.4 is classified
			 as a Recreational River Area;
(B)
			 The segment of the scenic waterway beginning at the Camp Sherman Bridge at
			 approximately river mile 39.1 extending downstream to the confluence of Candle
			 Creek at approximately river mile 29 is classified as a Recreational River
			 Area.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0060 - Minam River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0070 - Deschutes River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Deschutes
			 River Scenic Waterway Recreation Area:
(a) ORS
			 390.932 creates the Deschutes River Scenic Waterway Recreation Area. ORS
			 390.934 directs the Department to adopt a management plan by rule to administer
			 the Deschutes River Scenic Waterway Recreation Area. ORS 390.124 authorizes the
			 Commission to adopt rules to carry out the duties, functions and powers imposed
			 by law upon the Commission and the Department.
(b) Pursuant to ORS 390.934, the Commission
			 adopts by reference the Lower Deschutes River Management Plan and Environmental
			 Impact Statement, Volume 1 (January 1993), and the Supplement to the Lower
			 Deschutes River Management Plan, Final Decision, Lower Deschutes River
			 Allocation System, (June 1997) as the management plan for the Deschutes River
			 Scenic Waterway Recreation Area. Copies of the Lower Deschutes River Management
			 Plan and the Supplement to the Lower Deschutes River Management Plan, Final
			 Decision, Lower Deschutes River Allocation System are available from the Oregon
			 Parks and Recreation Department, 725 Summer St N.E., Suite C, Salem, OR
			 97301.
(c) The state managing
			 agencies, including the Department, Department of Fish and Wildlife, Oregon
			 State Marine Board, and Oregon State Police and the local managing agencies,
			 including Sherman, Wasco and Jefferson Counties and the City of Maupin shall
			 perform their management responsibilities relating to the Deschutes River
			 Scenic Waterway Recreation area according to the management plan adopted by
			 this rule and ORS 390.805 to 390.925 and 390.930 to 390.940.
(d) The Confederated Tribes of Warm Springs
			 and the Bureau of Land Management are encouraged to exercise their jurisdiction
			 and to manage their lands in a manner consistent with the management plan
			 adopted by section (3) of this rule and with ORS 390.805 to 390.925 and 390.930 to 390.940.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0071 - Deschutes River Scenic Waterway Boater Pass System Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Policy:
(a) The Commission finds that in order to
			 carry out the intent of Chapter 798, Oregon Laws 1981, monies collected from
			 the sale of the Deschutes River Scenic Waterway Boater Pass shall be used for
			 the following purposes:
(A) For operation of
			 the pass system;
(B) For providing
			 river-user oriented law enforcement services;
(C) For providing river recreation
			 information and education;
(D) For
			 developing and maintaining river oriented recreation facilities; and
(E) For any other purposes the Department
			 considers appropriate for the maintenance, enhancement or protection of the
			 natural and scenic beauty of the Deschutes River Scenic Waterway consistent
			 with ORS 390.805 to
			 390.925.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0072 - Middle Deschutes River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(1) North Bend River Community Area:
(a) From Sawyer Park at approximately river
			 mile 164 to the northern Urban Growth Boundary of the City of Bend at
			 approximately river mile 161, the river is classified North Bend River
			 Community Area;
(b) Within this
			 area, all new structures, improvements and development shall be in compliance
			 with the Land Management rules as described in OAR
			 736-040-0035 and
			 736-040-0040(1)(f),
			 and be consistent with applicable City of Bend and Deschutes County land use
			 and development regulations. Improvements needed for public recreation use or
			 resource protection shall be designed to blend with the natural character of
			 the landscape.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0073 - Upper Deschutes River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Scenic River Areas:
(a) Two river segments are designated as
			 Scenic River Areas:
(A) The segment of the
			 scenic waterway beginning at the Wickiup Dam stream gauge at about river mile
			 226.4 and extending downstream about 28 miles to the General Patch Bridge
			 (Deschutes County Road - FAS 793) at about river mile 199 with the exception of
			 the Wickiup (about river mile 226.4 to about river mile 224.5), Pringle Falls
			 (about river mile 217.5 to about river mile 216.5) and General Patch Bridge
			 (about river mile 204 to about river mile 199) River Community Areas as
			 described in paragraphs (2)(a)(A), (B), and (C) of this rule is classified as a
			 Scenic River area;
(B) The segment
			 of the scenic waterway extending from the Deschutes National Forest boundary in
			 Section 20, Township 19 South, Range 11 East, of the Willamette Meridian,
			 (Section 20, T 19S, R 11E, W.M.) to the Bend Urban Growth Boundary at River
			 Mile 172 is classified as a Scenic River Area.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0075 - Sandy River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Natural River Area: The segment of the
			 scenic waterway extending from the east boundary line of Section 25 and Section
			 36, Township 1 South, Range 4 East, of Willamette Meridian, in Clackamas County
			 at Dodge Park, downstream approximately 3.8 miles to the South line of the
			 North Half of the Northeast Quarter of Section 23, Township 1 South, Range 4
			 East, of Willamette Meridian, in Multnomah County near Indian John Island, is
			 classified as a Natural River Area.
(2) Scenic River Area: The segment of the
			 scenic waterway extending from the South line of the North Half of the
			 Northeast Quarter of Section 23, Township 1 South, Range 4 East, of the
			 Willamette Meridian, in Multnomah County near Indian John Island, downstream
			 approximately 8.7 miles to the West line of the East Half of the Northeast
			 Quarter of Section 6, Township 1 South, Range 4 East, of the Willamette
			 Meridian, in Multnomah County at Dabney State Park, is classified as a Scenic
			 River Area.
(3) In both the Natural
			 River Area and the Scenic River Area of the Sandy River Scenic Waterway:
(a)
(A)
			 Within the area of greatest visual effect on the natural river scene, as
			 indicated on the map of the Sandy River Scenic Waterway prepared by the State
			 Parks and Recreation Department and dated September 13, 1972, new structures or
			 other improvements which are visible from the river (see OAR
			 736-040-0015(10),
			 Definition of Terms), other than those erected or made in connection with
			 compatible existing uses, or those needed for public outdoor recreation or
			 resource protection will not be permitted unless they are so located that their
			 visual effect is primarily on the upland scene (above the rims of the canyon,
			 or "bluff line," usually readily discernible) rather than on the scene as
			 viewed from the river;
(B) Outside
			 that area of greatest visual effect on the natural river scene, uses which are
			 consistent with applicable county zoning ordinances and OAR
			 736-040-0030 and
			 736-040-0035 may be permitted.
			 Within the Natural River Area, such permitted uses shall be largely concealed
			 from view from the river by topography or established evergreen vegetation
			 which shall be maintained; within the Scenic River Area such permitted uses may
			 be visible from the river, provided they are consistent with applicable county
			 zoning regulations and OAR
			 736-040-0030 and
			 736-040-0035.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0076 - Clackamas River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recreational River Area:
(a) That segment of the Scenic Waterway
			 extending from River Mill Dam downstream approximately 12 miles to Bakers
			 Bridge at Carver is classified as a Recreational River Area;
(b) The Recreational River Area will be
			 administered consistent with the purposes of OAR
			 736-040-0040(1)(c)(B).
			 Within this area, new structures and improvements, mining operations and timber
			 harvesting activities shall be permitted only when substantially screened from
			 view from the river by topography or vegetation. If no such topographic or
			 vegetative screening exists on a site, the structure or improvement may be
			 permitted if vegetation is established which will provide substantial screening
			 to the proposal in a reasonable time (for example, 2-3 years). The condition of
			 "substantial vegetative screening" shall consist of an ample density and
			 mixture of native evergreen and deciduous vegetation to totally obscure or
			 allow only a highly filtered view of the proposed structures or improvements.
			 Developments necessary for public outdoor recreation, as provided by public
			 agencies, and resource protection may be visible from the river but must blend
			 into the natural scene as much as possible.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0078 - Waldo Lake and the North Fork of the Middle Fork of the Willamette River

Current through Register Vol. 63, No. 7, July 1, 2024
Natural Area: Waldo Lake, the lake shore and adjacent land
				within 1/4 mile, except for the area described in section (1) of this rule as
				North Waldo campground, Islet campground, the area between them, and the Shadow
				Bay campground:
(1) Scenic Area: The
			 Waldo Lake shore and related adjacent land from a point approximately 200 feet
			 northwesterly of the boat ramp at North Waldo campground in a southerly
			 direction to a point approximately 200 feet south of southernmost development
			 at Islet campground, and from a point approximately 200 feet north of the
			 northernmost development at Shadow Bay campground south to a creek at the
			 easternmost head of Shadow Bay.
(2)
			 Natural River Area: The North Fork of the Middle Fork of the Willamette River,
			 from its outlet of Waldo Lake downstream approximately 8-1/2 miles to its
			 intersection with the south section line of Section 36, Township 19S, Range
			 5-1/2E, of the Willamette Meridian.
(3) Scenic River Area: That segment of the
			 North Fork of the Middle Fork of the Willamette River, from its intersection
			 with the south section line of Section 36, Township 19S, Range 5-1/2E, of the
			 Willamette Meridian, downstream approximately 6-1/2 miles to its intersection
			 with Forest Road 1944.
(4)
			 Recreational River Area: That segment of the North Fork of the Middle Fork of
			 the Willamette River, from its intersection with Forest Road 1944 downstream to
			 the lower boundary of the scenic waterway, one mile upstream from the railroad
			 bridge near Westfir.
Stat. Auth.: ORS 390
Stats. Implemented: ORS
				  390.845(2)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0080 - Notification Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) Notification to the Commission of a
			 proposal for change of existing use of related adjacent land, or improvement
			 thereto, or any other activity for which the Act or these rules and regulations
			 require notification, shall be written and shall contain a detailed description
			 of the proposed change, improvement or activity, and such other information as
			 the Commission may require;
(b)
			 Notifications or request for information or assistance may be made to the
			 nearest Oregon Parks and Recreation Department Region office: or to
			 Headquarters, Oregon Parks and Recreation Department in Salem, addresses and
			 phone numbers available at this web link:
			 http://www.oregonstateparks.org/searchpark.php [File Link Not
			 Available].
(c) The proposed change
			 of use or improvement or activity shall not be carried out or commenced sooner
			 than one year after the Department accepts such notification as complete unless
			 the Commission has sooner given its written approval.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0085 - Procedures in Event of Commission Denial

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During the period of one year following
			 the original notice to the Commission:
(a)
			 The Commission and the owner of the land involved may agree upon modifications
			 or alterations of the proposal so that implementation thereof would not, in the
			 judgment of the Commission, impair substantially the natural beauty of the
			 scenic waterway or otherwise violate the provisions of the Act or these rules
			 and regulations;
(b) The Commission
			 may acquire by purchase, gift, or exchange, the land involved or interest
			 therein, including scenic easements, for the purpose of preserving the natural
			 beauty of the scenic waterway;
(c)
			 The landowner may make a written request of the Commission to enter into
			 further negotiations regarding use of the land as prescribed in section (2) of
			 this rule.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0090 - Condemnation of Related Adjacent Land

Current through Register Vol. 63, No. 7, July 1, 2024
With the concurrence of the Oregon Water Resources Commission,
				the Commission may institute condemnation proceedings to acquire related
				adjacent land for the purposes of the Act if:
(1) At any time subsequent to nine months
			 after the receipt of an owner's proposal agreement cannot be reached by the
			 Commission and the landowner; or
(2) At any time related adjacent land is used
			 in a manner violating the Act or the rules and regulations promulgated by the
			 Commission; or
(3) At any time
			 related adjacent land is used in a manner which, in the judgment of the
			 Commission, impairs substantially the natural beauty of a Scenic Waterway, if
			 the Commission has not been given at least one year's advance written notice of
			 such use and if there is not in effect Commission approval of such
			 use.
Stat. Auth.: ORS
				  390.845
Stats. Implemented: ORS
				  390.845(6)
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0095 - Public Lands Within or Adjacent to a Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Commission may enter into agreement
			 with an Indian tribe, the United States, another state agency or local
			 governmental agency for the administration of lands contained in a scenic
			 waterway.
(2) With the consent of
			 the governing body, any public land within or adjacent to a scenic waterway may
			 be transferred to the jurisdiction of the Commission with or without
			 compensation and shall become state recreational land and be administered by
			 the Commission as part of the scenic waterway.
(3) Any land within a scenic waterway not
			 transferred to the jurisdiction of the Commission shall be administered by the
			 public body having jurisdiction thereof in accordance with the provisions of
			 the Act.
Stat. Auth.: ORS
				  390.845
Stats. Implemented: ORS
				  390.845(10)
				  & ORS 390.875
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0100 - Chetco River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0110 - Molalla River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0006 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of this division is to provide a central and
				continuing register of areas in Oregon that contain significant natural
				heritage resources and special species, and describe the process used to
				register properties on the Oregon Register of Natural Areas.
Stat. Auth.: ORS
				  390.124(4)
Stats. Implemented: ORS
				  273.563 -
				  273.591
Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 45 - OREGON NATURAL AREAS PROGRAM RULES › Section 736-045-0100 - Natural Areas Advisory Committee: Composition and Roles

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The director
			 may appoint a Natural Areas Advisory Committee composed of representatives of
			 non-governmental organizations, universities, state agencies, federal agencies,
			 local governments and members of the interested public.
(2) Members appointed under subsection (1)
			 may serve two consecutive four-year terms on the committee. However, upon
			 convening the committee, the director shall appoint the first committee members
			 following the effective date of this rule to serve a two, three, or four-year
			 term.
(3) The director shall
			 appoint the chair from the committee membership, considering the
			 recommendations of the committee.
(4) The committee shall meet at times and
			 places specified by the call of the director.
(5) A majority of the appointed members of
			 the committee constitutes a quorum for the transaction of business.
(6) Function and duties of the committee.
			 Upon the request of the director, the committee may assist the department in:
(a) Development of policy for the program
			 through the review and approval of the Oregon Natural Areas Plan;
(b) Reviewing nominations for registration
			 and the voluntary dedication of state natural areas or state natural area
			 reserves, and review instruments of dedication for such areas;
(c) Providing recommendations to the
			 commission, State Land Board, State Board of Forestry, State Fish and Wildlife
			 Commission, State Board of Higher Education and Oregon Transportation
			 Commission regarding areas under their respective jurisdictions which are
			 appropriate for dedication; and
(d)
			 Advising the commission in the adoption of rules that may be considered
			 necessary in carrying out ORS
			 273.563 to
			 273.591.