Current through Register Vol. 63, No. 3, March 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.
(4) Suburban
Housing: Notification is not required for:
(a)
Maintenance of existing homes in a manner compatible with these rules and
regulations;
(b) Modifications to
existing single family dwellings, if not in violation of OAR
736-040-0030(5);
(c) Construction
of garages necessary to the use of existing homes, if not in violation of OAR
736-040-0030(5);
(d) Changes in or
additions to homesite landscaping which do not impair vegetation screening
structures from view from the river;
(e) Construction of protective fences
necessary to use of the home;
(f)
Cutting of firewood for occupant's dwelling;
(g) Cutting of danger trees. Notification is
required for construction of new roads or improvement of existing
roads.
(5) Prospecting,
Mining, Dredging, and Quarrying:
(a) All
prospecting, mining, dredging, and quarrying operations, including removal or
movement of gravel, rocks and sand within related adjacent lands, require
notification to the Commission as prescribed herein;
(b) Such notification shall include plans to
ensure that debris, silt, chemicals or other materials, will not be discharged
into or allowed to reach the waters within a scenic waterway and that the
natural beauty of the scenic waterway will not be impaired
substantially.
(6)
Transportation Facilities and Utilities:
(a)
No roads, railroads or other facilities for transportation or utilities shall
be constructed or improved within a scenic waterway without notification to the
Commission as prescribed by the Act and herein;
(b) The Commission, whenever practicable,
will require the sharing of land and airspace by such facilities and utilities.
All permissible transportation facilities and utilities shall be so located as
to minimize impairment of the natural beauty of the scenic waterway. For
example, it will be desirable to place electrical and telephone lines
underground wherever reasonably practicable.
(7) Structures, Buildings, and Other
Improvements: Except as provided in OAR 736-040-0030(5), sections (3) and (4)
of this rule and OAR 736-040-0045 through 736-040-0075, no structures,
buildings, or other improvements shall be made, erected or placed on related
adjacent lands without notification to the Commission as prescribed by the Act
and herein. Permitted new structures, buildings, or other improvements on
related adjacent lands which can be seen from the waters within a scenic
waterway shall:
(a) Be of such design and be
constructed of such materials as to be unobtrusive and compatible with the
scenic qualities of the area. For example, the following shall apply:
(A) All structures shall be finished in muted
tones appropriate to their natural surroundings;
(B) No large areas, including roofs, shall be
finished with white or bright colors or reflective materials;
(C) No structures shall exceed 30 feet in
height from natural grade on a side facing the river;
(D) All structures shall be so designed and
constructed that little or no soil is left exposed when construction is
completed.
(b) Be
located in such a way that topography and natural vegetation make them as
inconspicuous as reasonably practicable, and in no case obtruding on the view
from the river. The Commission may require that additional vegetative screening
be established and maintained. In such event, it shall be evergreen, wherever
practicable, and compatible with natural growth in the area.
(8) Mobile homes, modular
residential structures, house trailers, campers and similar structures and
vehicles. Mobile homes, modular residential structures, house trailers,
campers, motor homes and the like shall not be established as dwellings, either
permanent, (or) seasonal or temporary, within related adjacent lands unless
they are entirely concealed from view from the waters within a scenic waterway
by topography, except that those mobile homes, modular residential structures
and house trailers, that are at least 20 feet wide, with exterior dimensions,
less hitch, of 800 square feet, may be permitted under these rules subject to
the same requirements and standards set forth in the previous section relating
to criteria for review for structures and improvements that are visible from
the waters within a scenic waterway. Additionally, except when a mobile home,
modular residential structure, house trailer or the like is not set on a
ground-level foundation, full skirting shall be installed which in design,
color and texture appears to be an integral part of the exterior of the
structure:
(a) For the purposes of this
division, a structure is a mobile home, modular residential structure, house
trailer, camper or motor home if it is used, designed or intended to house
persons, and is transported to the site in a state of substantial
prefabrication. Once a structure fulfills this test, it shall remain subject to
the rule regardless of whether the wheels or other temporary assembly have been
removed or detached, and regardless of whether the structure is subsequently
relocated;
(b) Within public
recreation sites and transient public trailer parks where travel trailers,
campers, motor homes and similar vehicles are permitted by the public agency,
firm or individual maintaining the facility, their transient, short-term use by
travelers is allowed, but they shall not be left on the site during their
user's absence of more than three day's duration.
(9) Maintenance of Structures and
Improvements: Owners and users of existing structures and other improvements
shall maintain them and their surroundings in a manner and condition in harmony
with the environment, compatible with the objectives set forth in these rules
and regulations for the classified river area in which they lie, and without
impairing substantially the natural beauty of the scenic waterway. The existing
color of such structures may be maintained.
(10) Replacement of Existing Structures and
Improvements: The Commission may approve replacement of existing structures and
improvements, including those lost by fire, flood or other casualty, provided
the new structure or improvement is in compliance with provisions of the Act
and this division. Notification procedures set forth in OAR 736-040-0040 are
required.
(11) Advertising: No
signs or other forms of outdoor advertising that are visible from waters within
a scenic waterway shall be constructed or maintained. Property protection signs
(No Hunting, No Trespassing, etc.) are exempted.
(12) Erosion Protection: The Commission
recognizes that erosion protection work and maintenance may be necessary on
riverbanks and related adjacent lands along the scenic waterways. Notification,
which shall include plans to protect the natural beauty of the scenic waterway,
and Commission approval are required.
(13) Submerged and Submersible Lands:
(a) No dam or reservoir or other water
impoundment facility shall be constructed or placer mining permitted on waters
within scenic waterways. No water diversion facility shall be constructed or
used except by right previously established or as permitted by the Oregon Water
Resources Department, State Engineer, or Court decree;
(b) No bank protection works or dredging
facility shall be constructed or used on such waters, except as permitted by
the Director of the Departmentof State Lands and approved by the State Land
Board.
(14) Emergencies:
(a) An owner or their authorized agent may
act in emergencies without prior notice when necessary in the interest of
public safety, or safety of an owner's property, except that notice of any
action taken shall be filed with the Commission not later than seven days
following the commencement of the emergency procedures;
(b) An owner or their authorized agent must
show that the emergency situation required immediate action to prevent
immediate danger or damage. Such emergency procedures shall not be extended
beyond the minimum necessary to accomplish the needed protection safely and
shall be conducted throughout in such manner as to minimize impairment of the
natural beauty of the scenic waterway. For example, car bodies and similar
scrap or trash shall not be used as riprap.
(15) Solid Waste, Pollution and Sanitation:
Owners, occupants and users of related adjacent land shall comply with the
rules and regulations of the Department of Environmental Quality relating to
solid waste control, water, air and noise pollution control and sewage
disposal.
Stat. Auth.: ORS
390.845(2)
Stats. Implemented: ORS
390.845(2)
