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

(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) That segment of the North Umpqua Scenic Waterway that includes the shoreline and adjacent lands south 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";

(b) The Department will administer the Scenic River Area described in subsection (2)(a) consistent with standards set by OAR 736-040-0035, 736-040-0040(1)(b)(B) and the Douglas County Land Use and Development Ordinance;

(c) 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 vegetation. If inadequate topographic or native vegetative screening exists on or near the site, activities mentioned above may be permitted if vegetation is established which will provide substantial screening of the affected area within a reasonable period of time (for example 4-5 years). 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 improvement;

(d) New structures and associated improvements shall be permitted when substantially screened from view from the river by topography or vegetation. If inadequate, topographic or vegetative screening exist on a site, the structure or improvement may be permitted if vegetation is established to provide substantial screening of the affected area in a reasonable time (for example 4-5 years). 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 proposed structure or improvement;

(e) 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;

(f) 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.

(a) Five areas are designated as River Community Areas:

(b) Within these River Community areas described in OAR 736-040-0041(3)(a)(A)-(E) the Department may not permit new commercial facilities such as resorts, motels, and private recreational vehicle parks unless their plans are consistent with requirements of the Douglas County Land Use and Development Ordinance; and they are not visible from any vantage point on the banks of, or from within, the river;

(c) Any other land uses that may be permitted in the river community areas by the county, such as single family dwellings, will be allowed if their plans are consistent with Douglas County Land Use and Development Ordinance requirements and Scenic Waterway standards OAR 736-040-0035;

(d) 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.