Oregon Administrative Rules
Chapter 736 - PARKS AND RECREATION DEPARTMENT
Division 40 - OREGON SCENIC WATERWAYS
Section 736-040-0041 - Nestucca River Scenic Waterway
Universal Citation: OR Admin Rules 736-040-0041
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Recreational River Areas:
(a) That segment of the Nestucca River Scenic
Waterway extending from the downstream end of the reservoir tailrace below
McGuire Dam to its confluence with Ginger Creek (approximately RM
45.5);
(b) The Department will
administer the Recreational Area described in subsection (1)(a) consistent with
the purposes of OAR 736-040-0040(1)(c)(B). Within this area, the Department may
permit mining operations, timber harvesting, other landscape alteration
activities, new structures and improvements only when substantially screened
from view from the river and from the boundary of Old Meadow Lake Wetland. The
boundary of the Old Meadow Lake Wetland extends to the transition area at the
edge of the wetland where hydric soils no longer occur. All landscape
alteration activities (i.e., timber management) shall be carried out in this
river segment in such a manner as to protect hydrological and biological
functions of Old Meadow Lake wetlands. Timber harvest shall be conducted as
prescribed by the Oregon Forest Practices Act and associated administrative
rules. For other landscape alteration proposals, the project applicant shall
provide methods by which hydrological and biological functions will be
protected. Developments necessary for public outdoor recreation, as provided by
public agencies, and resource protection or enhancement may be visible from the
river but must blend into the natural scene;
(c) For purposes relating to notification of
intent within the Nestucca River Scenic Waterway, any maintenance, repair or
expansion of McGuire Dam and its appurtenances (including pipes and pumping
facilities) is exempt from notification review so long as said activity does
not extend westerly of the north/south centerline of Section 15, Township 3
South, Range 6 West, Willamette Meridian, Yamhill County;
(d) That segment of the Nestucca River Scenic
Waterway extending from the lower end of the Alder Glen Campground to its
confluence with Moon Creek (approximately RM 24.5 in Blaine);
(e) The Department will administer the
Recreational Area described in subsection (1)(d) consistent with the purposes
of OAR 736-040-0040(1)(c)(B). Within this area, the Department may permit
mining operations, timber harvesting and other landscape alteration activities
only when substantially screened from view from the river by topography or
vegetation. If inadequate topographic or vegetative screening exists on a site,
landscape alterations may be permitted if vegetation is established which will
provide substantial screening of the affected area in a reasonable time (for
example 4-5 years). The condition of "substantial vegetative 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 alteration;
(f) New
structures and improvements shall be permitted when partially screened from
view from the river by topography or vegetation. If inadequate, topography or
vegetative screening exist on a site, the structure or improvement may be
permitted if vegetation is established to provide partial screening of the
proposed structure or improvement in a reasonable time (for example 4-5
years);
(g) The condition of
"partial vegetative screening" shall consist of an ample density and mixture of
native evergreen and deciduous vegetation to partially obscure (at least
one-half of the viewed improvement or structure), or allow a moderately
filtered view (at least 50 percent filtering) of, the proposed structure or
improvement;
(h) Developments
necessary for public outdoor recreation, as provided by public agencies, and
resource protection or enhancement may be visible from the river but must blend
into the natural scene.
(2) Scenic River Area:
(a) That segment of the Nestucca River Scenic
Waterway extending from the river's confluence with Ginger Creek (approximately
RM 45.5) downstream to the lower end of Alder Glen Campground;
(b) The Department will administer the Scenic
Area described in subsection (2)(a) consistent with the purposes of OAR
736-040-0040(1)(b)(B). Within this area, the Department may permit new
structures and improvements, mining operations and timber harvesting activities
only when substantially screened from view from the river by topography or
existing vegetation. If proposed structures, improvements, or landscape
alterations are not adequately screened by topography or existing vegetation on
a site, the Department may permit the project if vegetation is established
which will substantially screen the project in a reasonable time (for example,
4-5 years). The condition of "substantial vegetative 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 proposed structures
or improvements. Developments necessary for public outdoor recreation, as
provided by public agencies, and resource protection or enhancement may be
visible from the river but must blend into the natural scene.
Stat. Auth.: ORS 390.845(2)
Stats. Implemented: ORS 390.845(2)
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