Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0120 - Nehalem River Scenic Waterway Management Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Scenic River Area:
(a) That segment of the Nehalem River from
			 the Henry Rierson Spruce Run Campground to the confluence with Cook 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 Tillamook and Clatsop 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 native
			 vegetation, soils and rock material.
(d) Native 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). Revegetation shall be
			 initiated within one year of a project's completion. The condition of
			 "substantial vegetative screening" shall consist of an ample density and
			 mixture of compatible native vegetation to totally obscure or allow only a
			 highly filtered view of the proposed structures or improvements as seen from
			 the river year-round. 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, trails, driveways and similar
			 linear forms of development shall be permitted when substantially screened from
			 view of the river by topography, vegetation, or both. Any existing roads should
			 not be extended or realigned unless substantially screened by topography or
			 vegetation. Revegetation shall be initiated within one year of a project's
			 completion. The condition of "substantial vegetative screening" is described in
			 736-040-0120(1)(d).
(f) Any erosion control projects intended to
			 protect structures such as roads, homes, or other existing structures, shall be
			 designed to blend into the existing landscape. Natural products such as
			 vegetation and rock shall be used.
(g) The Oregon Department of Fish and
			 Wildlife will review applicable activities and provide the department with any
			 additional considerations necessary to protect fish and wildlife resources in a
			 manner consistent with the scenic waterway classification. The department will
			 consult additional agencies and partners as subject matter experts when
			 applicaple including for mangement of water and soil quality.
(h) Timber harvest activities, including
			 thinning, or other vegetation management may be allowed provided that:
(A) The provisions of the Oregon Forest
			 Practices Act are followed on all private forest land. The provisions of the
			 State Forest Management Plan are followed on all state forest land.
(B) Any harvest or vegetation management
			 within protected riparian buffers as described in the Oregon Forest Practices
			 Act or State Forest Management Plan shall be designed to enhance the scenic
			 view. "Enhance" means to benefit forest ecosystem function and vegetative
			 health, and can for example include, but is not limited to, optimizing forest
			 stand densities and vegetative composition, fostering forest landscape
			 diversity, and promoting sustainable forest values.