Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0065 - John Day River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Natural River Area:
(a) That segment of the scenic waterway
			 beginning at the intersection of the John Day River with the township line
			 between Township 5 South and Township 6 South, Willamette Meridian, at about
			 river mile 95, thence downstream approximately 51.7 miles to the intersection
			 of the John Day River with the southern section line of Section 30, Township 1
			 South, Range 19 East, Willamette Meridian, (Section 30, T 1S, R 19E, W.M.) at
			 about river mile 43.3, is classified as a Natural River Area;
(b) This Natural River Area shall be
			 administered consistent with the standards set by OAR
			 736-040-0035 and
			 736-040-0040(1)(a)(C).
			 In addition to these standards, all new development in resource zones (i.e.
			 farm-related dwellings) shall comply with Gilliam County or Sherman County land
			 use regulations.
(c) New
			 structures and associated improvements shall be totally screened from view from
			 the river by topography, vegetation, or a combination thereof, 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, density and mixture of native evergreen and deciduous vegetation,
			 or a combination thereof to totally obscure (100 percent) 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, vegetation, or a combination thereof. 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, vegetation, or a
			 combination thereof. 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, density and mixture of native, evergreen
			 and deciduous vegetation, or a combination thereof to substantially obscure (at
			 least 75 percent) the subject improvement. When an existing road is regraded,
			 no side cast into or visible from the river shall be allowed. Excess material
			 shall be hauled to locations out of view from the river.
(h) Visible tree harvest or other vegetation
			 management may be permitted 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 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 (a) through (j) of this rule, are more restrictive than the Gilliam
			 and Sherman County Land Use and Development Ordinances, the above Oregon
			 Administrative Rules shall apply.