Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0046 - North Umpqua River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Recreation River Areas:
(a) That segment of the North Umpqua River
			 that includes shoreline and related adjacent land on both banks of the River
			 from its intersection with a line forming the East half of the East half of
			 Section 18, Township 26 South, Range 3 East, Willamette Meridian, Douglas
			 County (a line forming E 1/2, E 1/2, Section 18, T26S, R3E, W.M., Douglas
			 County; approximately just below the Soda Springs Powerhouse) downstream to the
			 North Umpqua River Highway 138 bridge in Section 22, Township 26 South, Range 2
			 East, Willamette Meridian (Section 22, T26S, R2E, W.M., Douglas
			 County);
(b) The Department will
			 administer the Recreation River Area described in subsection (1)(a) consistent
			 with standards set by OAR
			 736-040-0035 and
			 736-040-0040(1)(c)(B).
			 In addition to the above standards, the Department may permit new mining
			 operations, road construction, and similar improvements only when substantially
			 screened from view from the river by topography or native vegetation. If
			 inadequate topographic or vegetative screening exists on a site, activities
			 mentioned above may be permitted if vegetation is established which will
			 provide substantial screening of the affected area. The condition of
			 "substantial 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 landscape affected by the improvement. New structures and
			 associated improvements shall be permitted when partially screened from view
			 from the river by topography or vegetation. If inadequate topographic or
			 vegetative screening exists on a site, the structure or improvement may be
			 permitted if vegetation is established to provide partial screening of the
			 proposed structure or improvement within a reasonable period of time (for
			 example 4-5 years). The condition of "partial screening" shall consist of an
			 ample density and mixture of native evergreen and deciduous vegetation to
			 partially obscure (at least one-half) the viewed improvement or structure, or
			 allow a moderately filtered view (at least 50 percent filtering) of the
			 proposed structure or improvement. Improvements needed for public recreation
			 use or resource protection may be visible from the river, but must be designed
			 to blend with the natural character of the landscape;
(c) That segment of the North Umpqua River
			 that includes the shoreline and adjacent lands north of the river channel from
			 the North Umpqua River Highway 138 bridge (Marsters Bridge) located in Section
			 22, Township 26, Range 2E, W.M. and the point at which Rock Creek converges
			 with the North Umpqua River excluding any area classified "River Community
			 Area";
(d) The Department will
			 administer the Recreation River Area described in subsection (1)(c) consistent
			 with standards set by OAR
			 736-040-0035,
			 736-040-0040(1)(c)(B)
			 and the Douglas County Land Use and Development Ordinance. In addition to the
			 above standards, the Department may permit new mining operations, road
			 construction, commercial tree harvesting, and similar improvements only when
			 substantially screened from view from the river by topography or native
			 vegetation. If inadequate topographic or vegetative screening exists on a site,
			 activities mentioned above may be permitted if vegetation is established which
			 will provide substantial screening of the affected area. The condition of
			 "substantial 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 landscape affected by the improvement:
(A) New structures and associated
			 improvements shall be permitted when partially screened from view from the
			 river by topography or vegetation. If inadequate topographic or vegetative
			 screening exists on a site, the structure or improvement may be permitted if
			 vegetation is established to provide partial screening of the proposed
			 structure or improvement within a reasonable period of time (for example 4-5
			 years). The condition of "partial screening" shall consist of an ample density
			 and mixture of native evergreen and deciduous vegetation to partially obscure
			 (at least one-half) the viewed improvement or structure, or allow a moderately
			 filtered view (at least 50 percent filtering) of the proposed structure or
			 improvement;
(B) Improvements
			 needed for public recreation use or resource protection may be visible from the
			 river, but must be designed to blend with the natural character of the
			 landscape;
(C) Wherever the
			 standards of OAR 736-040-0035 and the above rule
			 are more restrictive than the Douglas County Land Use and Development
			 Ordinance, the above Oregon Administrative Rules shall apply.