Oregon Administrative Rules
Chapter 736 - PARKS AND RECREATION DEPARTMENT
Division 40 - OREGON SCENIC WATERWAYS
Section 736-040-0040 - Classification of Scenic Waterways and Segments Thereof
Universal Citation: OR Admin Rules 736-040-0040
Current through Register Vol. 63, No. 3, March 1, 2024
(1) OAR 736-040-0040 through 736-040-0075 supplement, but in no way alter, other provisions of these rules and regulations. Notification procedures set forth in OAR 736-040-0030, 736-040-0035 and 736-040-0080, relating to Land Management, are applicable to these rules. In order to establish varying intensities of protection or development based on special attributes of each area within the scenic waterways, the following classifications are established:
(a) Natural River Areas:
(A) Those designated scenic waterways or
segments thereof that are generally inaccessible except by trail or the river,
with related adjacent lands and shorelines essentially primitive. These
represent vestiges of primitive America;
(B) Natural River Areas may include an
occasional lightly traveled road, airstrip, habitation or other kind of
improvement already established, provided the effects are limited to the
immediate vicinity;
(C) Natural
River Areas will be administered to preserve their natural, wild and primitive
condition, essentially unaltered by the effects of man, while allowing
compatible recreational uses, other compatible existing uses and protection of
fish and wildlife habitat.
(b) Scenic River Areas:
(A) Those designated scenic waterways or
segments thereof with related adjacent lands and shorelines still largely
primitive and largely undeveloped, except for agriculture and grazing, but
accessible in places by roads. Scenic River Areas may not include long
stretches of conspicuous or well-traveled roads paralleling the river in close
proximity, but may include extensive areas in agricultural use;
(B) Scenic Areas will be administered to
maintain or enhance their high scenic quality, recreational value, fishery and
wildlife habitat, while preserving their largely undeveloped character and
allowing continuing agricultural uses.
(c) Recreational River Areas:
(A) Those designated scenic waterways or
segments thereof that are readily accessible by road or railroad, that may have
some development along their shorelines and related adjacent lands, and that
may have undergone some impoundment or diversion in the past;
(B) Recreational River Areas will be
administered to allow continuance of compatible existing uses, while allowing a
wide range of compatible river-oriented public outdoor recreation
opportunities, to the extent that these do not impair substantially the natural
beauty of the scenic waterway or diminish its esthetic, fish and wildlife,
scientific and recreational values.
(d) Natural Scenic View Areas:
(A) Those designated shorelines and related
adjacent lands, lying along only one bank of a river within a scenic waterway,
which possess the qualities of a Natural or Scenic River Area except that the
opposite shoreline and related adjacent land, by reason of accessibility, or
development, qualifies only for a less restrictive classification;
(B) Natural Scenic View Areas will be
administered to preserve or enhance their essentially primitive scenic
character, while allowing compatible public outdoor recreational use.
(e) Accessible Natural River
Areas:
(A) Those designated scenic waterways
or segments thereof that are readily accessible by road or railroad but
otherwise possess the qualities of a Natural or Scenic River Area;
(B) Accessible Natural River Areas will be
administered to protect or enhance their essentially primitive scenic
character, while allowing compatible public outdoor recreation use.
(f) River Community Areas -- Those
designated areas of a scenic waterway, perhaps on only one bank of the river,
where density of structures or other developments, already existing or provided
for precludes application of a more restrictive classification.
(2)
(a) Within the general framework of these
classifications, the Commission will further consider the nature and extent of
existing land uses and developments, the scenic qualities and the esthetic,
fish and wildlife, scientific and recreational values of each classified area
within the scenic waterways in determining whether, in its judgment, proposals
for changes of land use or improvements are compatible with the Act;
(b) Because of the individual character of
each scenic waterway, administrative criteria within each of the six
classifications may vary from one scenic waterway to another.
Stat. Auth.:
Stats. Implemented: ORS 390.845(2)
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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