Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0053 - Klamath River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
Accessible Natural River Area:
(1) That segment of scenic waterway beginning
			 at the J.C. Boyle Dam Powerhouse to the California border (11 miles) is
			 classified as an Accessible Natural River Area.
(2) This Accessible Natural River Area shall
			 be administered consistent with the standards set by Oregon Administrative
			 Rules 736-040-0035 and
			 736-040-0040(1)(e)(B).
			 In addition to these standards, all new development in resource zones (i.e.,
			 forest-related dwellings) shall comply with Klamath County land use
			 regulations.
(3) New structures and
			 associated improvements shall be totally screened from view from the river by
			 topography and/or vegetation, except as provided under Oregon Administrative
			 Rules 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 this rule, shall consist of adequate topography and/or
			 density and mixture of native evergreen and deciduous vegetation to totally
			 (100 percent) obscure the improvement.
(4) Commercial public service facilities,
			 including resorts, motels, lodges, and trailer parks that are visible from the
			 river shall not be permitted.
(5)
			 New mining operations, except recreational placer mining and recreational
			 prospecting, as those terms are defined and used in Oregon Revised Statutes
			 390.835, and similar improvements, shall be permitted only when they are
			 totally screened from view from the river by topography and/or vegetation. The
			 condition of "total screening," as used in this rule, shall consist of adequate
			 topography and/or density and mixture of native evergreen and deciduous
			 vegetation to totally (100 percent) obscure the new mining operation. 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).
(6) New roads may be permitted only when
			 totally screened from view from the river by topography and/or vegetation. The
			 condition of "total screening," as used in this rule, shall consist of adequate
			 topography and/or density and mixture of native evergreen and deciduous
			 vegetation to totally (100 percent) obscure the new road. 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 (100 percent) 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).
(7) Where existing roads are visible from the
			 river, major extensions, realignments, or upgrades to existing roads shall be
			 totally screened from view from the river. The condition of "total screening,"
			 as used in this rule, shall consist of adequate topography and/or density and
			 mixture of native evergreen and deciduous vegetation to totally (100 percent)
			 obscure the subject improvement. Necessary minor road improvements shall be
			 substantially screened from view from the river. The condition of "substantial
			 screening," as used in this rule, shall consist of adequate topography and/or
			 density and mixture of native, evergreen and deciduous vegetation to
			 substantially obscure (at least 75 percent) the minor road improvement. If
			 inadequate topography or vegetation exists to substantially screen the road
			 improvement, it 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). 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 and placed in a manner that the excess material will not reach the waters
			 of the scenic waterway due to wind, water or other means of erosion or
			 transport.
(8) Visible tree harvest
			 or other vegetation management may be permitted provided that:
(a) The operation complies with relevant
			 Forest Practices Act rules;
(b)
			 Harvest and management methods with low visual impact are used; and
(c) Harvest or vegetation management is
			 designed to enhance the scenic view within a reasonable time (5-10 years).
			 Within 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.