Current through Register Vol. 63, No. 3, March 1, 2024
(1) Accessible Natural River Areas:
(a) That segment of the Upper Rogue River
from the northern boundary of Rogue River National Forest with Crater Lake
National Park to the Forest Service Road 6530 Bridge. The USFS Road 6530 Bridge
is at approximately river mile 206 upstream from Hamaker Meadows.
(b) That segment of the Upper Rogue River on
the west bank of the river from Forest Service Road 6510 Bridge (Stella Bridge)
at approximately river mile 190 to the Natural Bridge Interpretive Site
footbridge at approximately river mile 184.25. Any form of improvement, new
development, new structures, change in existing land use and improvements
associated with existing structures shall comply with the provisions of OAR
736-040-0035, OAR 736-040-0040(1)(e)(B) and applicable Jackson County land use
regulations with regard to those lands within the Upper Rogue Scenic Waterway
as described in subsections (1)(a) and (1)(b) of this rule.
(c) That segment of the Upper Rogue River
from the Natural Bridge Interpretive Site footbridge at approximately river
mile 184.25 to the southern boundary of Rogue River National Forest near the
Prospect Ranger Station at approximately river mile 173.
(A) This Accessible Natural River Area shall
be administered consistent with standards set by OAR 736-040-0035, OAR
736-040-0040(1)(e)(B) and applicable Jackson County land use
regulations.
(B) In addition to the
above standards, timber harvesting and thinning, except for those lands in
Rogue River National Forest, new mining operations, road construction, and
similar improvements shall be permitted only when totally screened from view
from the river by topography and/or existing vegetation. If inadequate
topographic or native vegetative screening exists on or near the site, timber
harvesting, mining, road construction and similar improvements may be permitted
if vegetation is established which will totally screen the affected area within
4-5 years. The condition of "total screening" shall consist of an ample density
and mixture of native evergreen and deciduous vegetation to totally obscure the
improvement from the river.
(C)
Tree harvesting, thinning and other forest management activities on Rogue River
National Forest lands are subject to review by the State Parks and Recreation
Department for conformance with the Rogue River National Forest Land and
Resource Management Plan visual quality objectives associated with the area
where the activity is proposed.
(D)
New structures and associated improvements shall be permitted when totally
screened from view from the river by topography or existing vegetation. If
inadequate topographic or vegetative screening exist on or near a site of the
proposed structure or improvement, it may be permitted if vegetation is
established which will totally screen the affected area within a period of 4-5
years. The condition of "total screening" shall consist of an ample density and
mixture of native evergreen and deciduous vegetation to totally obscure the
proposed structure or improvement from the river.
(E) Improvements needed for public recreation
use or resource protection may be visible from the river, if designed to blend
with the natural character of the landscape.
(F) Wherever the standards of OAR
736-040-0035 and the above rules are more restrictive than the Jackson County
land use regulations, the above Oregon Administrative Rules shall
apply.
(2)
Scenic River Area: That segment of the Upper Rogue River from Forest Service
Road 6530 Bridge at approximately river mile 206 to the Forest Service Road
6510 Bridge (Stella Bridge) at approximately river mile 190. Any form of
improvement, new development, new structures, change in existing land use and
improvements associated with existing structures shall comply with the
provisions of OAR 736-040-0035, 736-040-0040(1)(b)(B), and applicable Jackson
County land use regulations with regard to those lands within the Upper Rogue
Scenic Waterway as described in subsection (2) of this rule.
(3) Recreation River Area: That segment of
the Upper Rogue River on the east bank of the river from Forest Service Road
6510 Bridge (Stella Bridge) at approximately river mile 190 to the Natural
Bridge Interpretive Site footbridge at approximately river mile 184.25.
(a) This "Recreation River Area" shall be
administered consistent with standards set by OAR 736-040-0035, OAR
736-040-0040(1)(c)(B), and applicable Jackson County land use
regulations.
(b) In addition to the
above standards, timber harvesting and thinning, except for those lands in
Rogue River National Forest, new mining operations, road construction, and
similar improvements shall be permitted only when totally screened from view
from the river by topography and/or existing vegetation. If inadequate
topographic or native vegetative screening exists on or near the site, the
proposed timber harvesting, mining, road construction and similar improvements
may be permitted if vegetation is established which will totally screen the
affected area within 4-5 years. The condition of "total screening" shall
consist of an ample density and mixture of native evergreen and deciduous
vegetation to totally obscure the improvement.
(c) Tree harvesting, thinning and other
forest management activities on the Rogue River National Forest lands are
subject to review by the State Parks and Recreation Department for conformance
with the Rogue River National Forest Land and Resource Management Plan visual
quality objectives associated with the area where the activity is
proposed.
(d) New structures and
associated improvements shall be permitted when moderately screened from view
from the river by topography and/or existing vegetation. If inadequate
topographic or vegetative screening exist on or near the site of the proposed
structure or improvement, it may be permitted if vegetation is established to
provide moderate screening of the affected area within a period of 4-5 years.
The condition of "moderate screening" shall consist of an ample density and
mixture of native evergreen and deciduous vegetation to moderately obscure (at
least 50%) the viewed structure or improvement, or allow a moderately filtered
(at least 50% filtering) view of the proposed structure or
improvement.
(e) Improvements
needed for public recreation use or resource protection may be visible from the
river if designed to blend with the natural character of the
landscape.
(f) Wherever the
standards of OAR 736-040-0035 and the above rules are more restrictive than
applicable Jackson County land use regulations, the above Oregon Administrative
Rules shall apply.
Stat. Auth.: ORS
390.845(2)
Stats. Implemented: ORS
390.845(2)