Oregon Administrative Rules
Chapter 736 - PARKS AND RECREATION DEPARTMENT
Division 40 - OREGON SCENIC WATERWAYS
Section 736-040-0065 - John Day River Scenic Waterway
Universal Citation: OR Admin Rules 736-040-0065
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Natural River Area:
(a) That segment of the scenic waterway
beginning at the intersection of the John Day River with the township line
between Township 5 South and Township 6 South, Willamette Meridian, at about
river mile 95, thence downstream approximately 51.7 miles to the intersection
of the John Day River with the southern section line of Section 30, Township 1
South, Range 19 East, Willamette Meridian, (Section 30, T 1S, R 19E, W.M.) at
about river mile 43.3, is classified as a Natural River Area;
(b) This Natural River Area shall be
administered consistent with the standards set by OAR
736-040-0035 and
736-040-0040(1)(a)(C).
In addition to these standards, all new development in resource zones (i.e.
farm-related dwellings) shall comply with Gilliam County or Sherman County land
use regulations.
(c) New
structures and associated improvements shall be totally screened from view from
the river by topography, vegetation, or a combination thereof, except as
provided under OAR 736-040-0030(5),
and except those minimal facilities needed for public outdoor recreation or
resource protection. If inadequate topographic or vegetative screening exists
on the site, the structure or improvement may be permitted if native vegetation
can be established to provide total screening of the proposed structure or
improvement within a reasonable time (4-5 years). The condition of "total
screening," as used in section (1) of this rule, shall consist of adequate
topography, density and mixture of native evergreen and deciduous vegetation,
or a combination thereof to totally obscure (100 percent) the subject
improvement.
(d) Commercial public
service facilities, including resorts and motels, lodges and trailer parks
which are visible from the river, shall not be permitted.
(e) New mining operations, except
recreational placer mining and recreational prospecting, as those terms are
defined and used in ORS
390.835, and similar
improvements, shall be permitted only when they are totally screened from view
from the river by topography, vegetation, or a combination thereof. If
inadequate topographic or vegetative screening exists to totally screen the
proposed mining site, the mining operation may be permitted if native
vegetation can be established to provide total screening of the proposed mining
site within a reasonable time (4-5 years).
(f) New roads may be permitted only when
totally screened from view from the river by topography, vegetation, or a
combination thereof. If inadequate topographic or vegetative screening exists
to totally screen the proposed road, the road may be permitted if acceptable
topography can be created or road design techniques used to totally screen the
road at the time of construction or native vegetation can be established to
provide total screening of the proposed road within a reasonable time (4-5
years).
(g) Where existing roads
are visible from the river, major extensions, realignments, or upgrades to
existing roads shall not be permitted. Necessary minor road improvements shall
be substantially screened from view from the river. If inadequate topography or
vegetation exists to substantially screen the road improvement, the road
improvement may be permitted if acceptable topography can be created or road
design techniques used to substantially screen the road at the time of
construction or native vegetation can be established to provide substantial
screening of the road improvement within a reasonable time (4-5 years). The
condition of "substantial screening," as used in section (1) of this rule,
shall consist of adequate topography, density and mixture of native, evergreen
and deciduous vegetation, or a combination thereof to substantially obscure (at
least 75 percent) the subject improvement. When an existing road is regraded,
no side cast into or visible from the river shall be allowed. Excess material
shall be hauled to locations out of view from the river.
(h) Visible tree harvest or other vegetation
management may be permitted provided that:
(A) The operation complies with the relevant
Forest Practices Act rules;
(B)
Harvest and management methods with low visual impact are used;
(C) The harvest or vegetation management does
not degrade the riparian buffer of any waterway; and
(D) The harvest or vegetation management is
designed to enhance the scenic view within a reasonable time (5-10 years). For
the purposes of this paragraph, "enhance" means to benefit forest ecosystem
function and vegetative health by optimizing forest stand densities and
vegetative composition, fostering forest landscape diversity and promoting
sustainable forest values.
(i) Improvements needed for public recreation
use or resource protection may be visible from the river, but shall be
primitive in character and designed to blend with the natural character of the
landscape.
(j) Proposed utility
facilities shall share existing utility corridors, minimize any ground and
vegetation disturbance, and employ non-visible alternatives when reasonably
possible.
(k) Whenever the
standards of OAR 736-040-0035 and section (1),
subsections (a) through (j) of this rule, are more restrictive than the Gilliam
and Sherman County Land Use and Development Ordinances, the above Oregon
Administrative Rules shall apply.
(2) Scenic River Areas: Two segments of the John Day River main stem are designated as Scenic River Areas:
(a) That segment of scenic waterway beginning
at the confluence of Service Creek at about river mile 157.4 and extending
downstream approximately 62.4 miles to the intersection of the John Day River
with the township line between Township 5 South and Township 6 South,
Willamette Meridian, at about river mile 95, is classified as a Scenic River
Area;
(b) That segment of scenic
waterway beginning at the intersection of the John Day River with the southern
section line of Section 30, Township 1 South, Range 19 East, Willamette
Meridian, (Section 30, T 1S, R 19E, W.M.) at about river mile 43.3 and
extending approximately 33.3 miles downstream to Tumwater Falls, at about river
mile 10, is classified as a Scenic River Area.
(c) These Scenic River Areas shall be
administered consistent with the standards set by OAR
736-040-0035 and
736-040-0040(1)(b)(B).
In addition to these standards, all new development in resource zones (i.e.
farm related dwellings) shall comply with Sherman County, Gilliam County, Wasco
County, Wheeler County, or Jefferson County land use regulations, whichever
applies.
(d) New structures and
associated improvements shall be substantially screened by topography, native
vegetation, or a combination thereof, except as provided under OAR
736-040-0030(5),
and except for those minimal facilities needed for public outdoor recreation or
resource protection. If inadequate topographic or vegetative screening exists
on a site, the structure or improvement may be permitted if native vegetation
can be established to provide substantial screening of the proposed structure
or improvement within a reasonable time (4-5 years). The condition of
"substantial screening," as used in section (2) of this rule, shall consist of
adequate topography, density and mixture of native, evergreen and deciduous
vegetation, or a combination thereof to substantially obscure (at least 75
percent) the viewed structure or improvement.
(e) Commercial public service facilities,
including resorts and motels, lodges and trailer parks which are visible from
the river, shall not be permitted.
(f) New mining operations, except
recreational placer mining and recreational prospecting, as those terms are
defined and used in ORS
390.835, and similar
improvements, shall be permitted only when they are totally screened from view
from the river by topography, vegetation, or a combination thereof. If
inadequate topographic or vegetative screening exists on a site, mining and
similar forms of development may be permitted if native vegetation can be
established to provide total screening of the affected area within a reasonable
time (4-5 years). The condition of "total screening," as used in section (2) of
this rule, shall consist of adequate topography, density and mixture of native,
evergreen and deciduous vegetation, or a combination thereof to totally obscure
(100 percent) the subject improvement.
(g) New roads may be permitted only when
totally screened from view from the river by topography and/or vegetation. If
inadequate topographic or vegetative screening exists to totally screen the
proposed road, the road may be permitted if acceptable topography can be
created or road design techniques used to totally screen the road at the time
of construction or native vegetation can be established to provide total
screening of the proposed road within a reasonable time (4-5 years).
(h) Where existing roads are visible from the
river, extensions, realignments, upgrades, or other improvements, shall only be
permitted when substantially screened from view from the river. If inadequate
topography or vegetation exists to provide substantial screening, the road
improvement may be permitted if acceptable topography can be created or road
design techniques used to substantially screen the road at the time of
construction or native vegetation can be established to provide substantial
screening of the subject improvement within a reasonable time (4-5 years). When
an existing road is improved or regraded, no side cast into or visible from the
river shall be allowed. Excess material shall be hauled to locations out of
view from the river.
(i) Visible
tree harvest or other vegetation management may be allowed provided that:
(A) The operation complies with the relevant
Forest Practices Act rules;
(B)
Harvest and management methods with low visual impact are used;
(C) The harvest or vegetation management does
not degrade the riparian buffer of any waterway; and
(D) The harvest or vegetation management is
designed to enhance the scenic view within a reasonable time (5-10 years). For
the purposes of this paragraph, "enhance" means to benefit forest ecosystem
function and vegetative health by optimizing forest stand densities and
vegetative composition, fostering forest landscape diversity and promoting
sustainable forest values.
(j) Improvements needed for public recreation
use or resource protection may be visible from the river, but shall be
primitive in character and designed to blend with the natural character of the
landscape.
(k) Proposed utility
facilities shall share existing utility corridors, minimize any ground and
vegetation disturbance, and employ non-visible alternatives when reasonably
possible.
(l) Whenever the
standards of OAR 736-040-0035 and section (2),
subsections (a) through (k) of this rule are more restrictive than the
applicable County Land Use Development Ordinances, the above Oregon
Administrative Rules shall apply.
(3) Recreational River Area:
(a) That segment of scenic waterway beginning
at the confluence of Parrish Creek, at about river mile 168.7, about one mile
west of Spray and extending downstream approximately 11.3 miles to the
confluence of Service Creek, at about river mile 157.4, is classified as a
Recreational River Area.
(b) The
department shall administer this Recreational River Area consistent with the
standards set by OAR 736-040-0035 and
736-040-0040(1)(c)(B).
In addition to these standards, all new development in resource zones (i.e.
farm and forest related dwellings) shall comply with Wheeler County land use
regulations.
(c) New structures
and associated improvements shall be moderately screened from view from the
river by topography, vegetation, or a combination thereof, except as provided
by OAR 736-040-0030(5)
and except those minimal facilities needed for public outdoor recreation or
resource protection. If inadequate topographic or vegetative screening exists
on a site, the structure or improvement may be permitted if native vegetation
can be established to provide moderate screening of the proposed structure or
improvement within a reasonable time (4-5 years). The condition of "moderate
screening," as used in section (3) of this rule, shall consist of adequate
topography; density and mixture of native, evergreen and deciduous vegetation;
or a combination thereof to moderately obscure (at least 50 percent) the viewed
improvement or structure.
(d)
Commercial public service facilities, including resorts and motels, lodges and
trailer parks which are visible from the river, shall not be permitted.
(e) New mining operations, except
recreational placer mining and recreational prospecting, as those terms are
defined and used in ORS
390.835, and similar
improvements, shall be permitted only when they are totally screened from view
from the river by topography, vegetation, or a combination thereof. If
inadequate topographic or vegetative screening exists on a site, mining and
similar forms of development may be permitted if native vegetation can be
established to provide total screening of the affected area within a reasonable
time (4-5 years). The condition of "total screening," as used in section (3) of
this rule, shall consist of adequate topography; density and mixture of native,
evergreen and deciduous vegetation; or a combination thereof to totally obscure
(100 percent) the altered improvement site.
(f) New roads constructed for agricultural
use, mining or residential use shall be moderately screened with vegetation,
topography, or a combination thereof. If existing topographic or vegetative
screening is inadequate, the road may be permitted if acceptable topography can
be created or road design techniques used to moderately screen the road at the
time of construction or native vegetation can be established to provide
moderate screening of the road within a reasonable time (4-5 years).
(g) Where existing roads are visible from the
river, extensions, realignments, upgrades, or other improvements, shall only be
permitted when partially screened from view from the river. If inadequate
topography or vegetation exists to provide partial screening, the road
improvement may be permitted if acceptable topography can be created or road
design techniques used to partially screen the road at the time of construction
or native vegetation can be established to provide partial screening of the
subject improvement within a reasonable time (4-5 years). The condition of
"partial screening," as used in section (3) of this rule shall consist of
adequate topography; density and mixture of native, evergreen and deciduous
vegetation; or a combination thereof to partially obscure (at least 30 percent)
views of the road improvement. When an existing road is improved or regraded,
no side cast into or visible from the river shall be permitted. Excess material
shall be hauled to locations out of view from the river.
(h) Visible tree harvest or other vegetation
management may be allowed provided that:
(A)
The operation complies with the relevant Forest Practices Act rules;
(B) Harvest and management methods with low
visual impact are used;
(C) The
harvest or vegetation management does not degrade the riparian buffer of any
waterway; and
(D) The harvest or
vegetative management is designed to enhance the scenic view within a
reasonable time (5-10 years). For the purposes of this paragraph, "enhance"
means to benefit forest ecosystem function and vegetative health by optimizing
forest stand densities and vegetative composition, fostering forest landscape
diversity and promoting sustainable forest values.
(i) Improvements needed for public recreation
use or resource protection may be visible from the river, but shall be
primitive in character and designed to blend with the natural character of the
landscape.
(j) Proposed utility
facilities shall share existing utility corridors, minimize any ground and
vegetation disturbance, and employ non-visible alternatives when reasonably
possible.
(k) Whenever the
standards of OAR 736-040-0035 and section (3),
subsections (c) through (j) of this rule are more restrictive than Wheeler
County Land Use and Development Ordinances, the above Oregon Administrative
Rules shall apply.
(4) Public Use of the John Day River Scenic Waterway
(a) Policy: The Commission finds that in
order to protect and enhance the John Day River Scenic Waterway's unique
aesthetic, scenic, fish and wildlife, scientific and recreational features, and
because these outstanding and unique features caused this river segment of
river to be designated by the people of Oregon as a scenic waterway, it is
necessary to adopt rules for public recreation use of the lands and waters
within this scenic waterway area. These rules have as their basis the need to
protect and preserve the waterway's outstanding scenic beauty and natural
features while maintaining the river's wide range of recreational
opportunities. Therefore, in accordance with the management requirements of ORS
390.845, persons using the John
Day River Scenic Waterway for recreation purposes shall comply with these
rules. These rules are in addition to other rules of the Commission adopted for
the management of all scenic waterways. Where more restrictive or specific than
the general rules, these rules will prevail over the general rules 'except in
the instance of private property owners where only OAR
736-040-0035 (Rules for Land
Management) or this rule shall apply.
(b) Nothing in these rules gives to any
person any right to trespass on the private property of others or in any way
alters the rights of private property owners in regards to trespass.
(c) Definitions: For purposes of this rule,
the following definitions shall apply:
(A)
"Approved portable toilet system" means a non-biodegradable, rigid, durable
container designed to receive and hold human waste in any container position
without leaking, or human waste bags.
(B) "Boat" means every description of
watercraft, including a seaplane on the water and not in flight, used or
capable of being used as a means of transportation on the water, but does not
include boathouses, floating homes, air mattresses, beach and water toys or
single inner tubes.
(C) "Camping"
means erecting a tent or creating a shelter of natural or synthetic material,
preparing a sleeping bag or other bedding material for use, or parking a motor
vehicle, motor home or trailer, or mooring a boat, or other action for the
apparent purpose of overnight occupancy.
(D) "Developed Recreation Area/Developed
Recreation Site" means an area or site that contains structures or capital
improvements primarily used by the public for recreational purposes. These may
include such features as: delineated spaces for parking, camping or boat
launching; sanitary facilities; grills or fire rings; tables; or controlled
access.
(E) "Developed Toilet
Facility" means a vault type toilet provided by the Bureau of Land Management
or the State of Oregon.
(F)
"Display Intent To Remain Overnight" means any off-loading onto the riverbank,
or preparing for use, common overnight camping equipment such as tents,
sleeping bags or bedding, food, cooking or dining equipment, or lighting
equipment, or to prepare common camping equipment for use in or on any boat.
(G) "Firearm" means a weapon, by
whatever name known, which is designed to expel a projectile by the action of
powder and is readily capable of use as a weapon.
(H) "Group" means any number of persons
affiliated together with a common goal to recreate with each other in
activities such as rafting, eating, camping, or swimming.
(I) "Group Size Limit" means the maximum
number of persons a boating group may have with while together within the John
Day River Scenic Waterway, regardless of the number of persons covered by each
boater registration form or required permit possessed by members of the group.
(J) "Human Waste Bag" means a
commercially available sanitary bag designed to securely contain human waste
and odor. The bag contains enzymes to break down waste into a deodorized gel
and is approved by the Department of Environmental Quality for deposit into a
landfill.
(K) "John Day River
Scenic Waterway" means that portion of the John Day River designated in ORS
390.826(7) as a
State Scenic Waterway. The portion of the John Day River Scenic Waterway that
is affected by this rule (OAR
736-040-0065) covers the section
from Parrish Creek downstream to Tumwater Falls. The Scenic Waterway also
includes all water and lands within 1.4 mile of the bank on either side of the
river.
(L) "Personal Watercraft"
means a motorboat, less than 16 feet, propelled by machinery which:
(i) Uses an outboard motor or an inboard
motor powering a water jet pump as its primary source of power; and
(ii) Is designed to be operated by a person
sitting, standing or kneeling on, rather than in the conventional manner of
sitting or standing inside the vessel.
(M) "Refuse" means, but is not limited to,
wastewater, sewage, litter, trash, garbage, scraps, remnants of water balloons
or clay pigeons, charcoal, ash, cigarette butts, or burned debris.
(N) "Vehicle" means a motor-propelled means
of transportation across land usually wheeled meant to carry one or more human
being(s) regardless of design, including Off-Road Vehicles.
(d) Permits:
(A) Every boater or boating group shall
obtain a John Day River boater permit prior to launching. The permit shall be
carried by the boater, or group leader, and shall be readily available for
inspection upon request by authorized agency and law enforcement personnel.
Information requested on the permit shall be completely and accurately filled
out and the form or permit shall be signed by the permit holder in order to be
valid. Permit holders shall abide by the requirements of the permit and the
permit stipulations.
(B) Every
person landing, operating or riding in a boat or engaging in any camping,
fishing or other activity in connection with being transported by a boat on any
portion of the John Day River Scenic Waterway where a Bureau of Land Management
permit is required, shall display his/her individual or group registration
permit upon the demand of any law enforcement officer, Bureau of Land
Management or department employee who is authorized to enforce these rules.
(e) Campfires, Fuel,
Firepans and Smoking:
(A) Building, igniting,
maintaining, using, tending a fire, or being within 20 feet of an illegal
campfire, charcoal fire, portable propane campfire device or any other type of
open flame is prohibited June 1 through September 30. The Oregon Department of
Forestry may extend periods of fire closure if conditions warrant. When not
prohibited, fire shall be contained in a firepan or similar device of metal. A
firepan is a metal container with sides at least two inches high to prevent
ashes or burning material from spilling onto the ground.
(B) Commercially manufactured metal camp
stoves and lanterns. Are permissible for outdoor use only when fueled with
bottled liquefied petroleum gas (e.g. propane) or liquid gas. Such stove or
lanterns shall be operated in a responsible manner at all times.
(C) A person may not chop, saw, break, cut,
burn or gather wood or other combustible material from any live or standing
tree.
(D) All fires shall be
completely extinguished after use. The extinguished remains, including all ash,
wood or charcoal residue, partially consumed briquettes, and burned refuse
shall be taken out of the scenic waterway for disposal or deposited in a proper
garbage receptacle provided at recreation sites or litter collection stations.
(E) Smoking shall be limited to
non-public buildings, closed vehicles, while in boats on the water or while
standing in the water.
(f) Camping:
(A) A person may not leave camping equipment
or personal property overnight at or in an unoccupied, public campsite as a
means to claim, hold, reserve or secure the site for subsequent occupancy by
the same person, or their friends, clients, business associates, or clients of
business associates. For the purposes of this paragraph, unoccupied means the
absence of human presence during the period one hour after legal sunset to one
hour before legal sunrise.
(B) A
person may not pay for a public campsite, which is not to be occupied by that
same person, as a means to claim, hold, reserve or secure the site for
subsequent occupancy by their friends, clients, business associates, or clients
of business associates. For the purposes of this paragraph, unoccupied means
the absence of human presence during the period one hour after legal sunset to
one hour before legal sunrise.
(C)
Groups occupying any campsite may not exceed the maximum number of persons or
vehicles allowed for that campsite.
(D) Every person or group occupying a
campsite shall display his/her individual or group camping permit upon the
demand of any law enforcement officer, Bureau of Land Management or Oregon
Parks and Recreation Department employee who is authorized to enforce these
rules.
(E) Occupants shall not dig
or otherwise level the ground within public campsites.
(F) No person shall possess or leave refuse,
debris, or litter in an exposed, unsightly, or unsanitary condition.
(g) Firearms: The discharge of
firearms is prohibited within the John Day River Scenic Waterway except with a
valid Oregon hunting license and tag during authorized hunting seasons. The
discharge of firearms is prohibited within the John Day River Scenic Waterway
at any time within a developed recreation area.
(h) Litter and Personal Sanitation:
(A) All persons shall place refuse in proper
receptacles provided for that purpose at maintained recreation sites or litter
collection stations. No such refuse or similar materials shall be buried,
abandoned, or burned. When no approved receptacle or container is available,
the material shall be taken out of the scenic waterway for proper disposal.
(B) All persons shall use the
developed toilet facilities provided at public recreation sites. An approved
portable toilet shall be carried and used by boating individuals and groups
within the John Day River Scenic Waterway.
(C) All persons shall use either an approved
portable toilet, which includes the use of human waste bags, or developed
toilet facility to contain all human solid waste.
(D) All persons who remain, intend to remain,
or display intent to remain overnight in a boat in camp site shall set up an
approved portable toilet, ready for use, as soon as practical upon landing at
the camping site to be occupied.
(E) No person shall leave, deposit, or
scatter human waste, toilet paper, or items used at toilet paper, on the ground
within the John Day River Scenic Waterway.
(F) While within the John Day River Scenic
Waterway, portable toilets shall only be dumped at facilities developed and
identified especially for that purpose. Used human waste bags must be carried
in a leak-proof container and disposed of in a trash receptacle according to
manufacturer instructions.
(G) A
person may not wash dishes or use soap in the river or any tributaries or less
than fifty feet from any natural water source.
(H) Vehicle Restrictions:
(i) a person may not ride or allow another
person to ride in or on top of a boat or boats within or on the back of any
open bed motor vehicle, or on a boat or boats loaded on the top of any other
motor vehicle. A person or persons may ride within a single boat that is
property secured by ropes or straps within the bedrails of a pickup truck, or
properly secured as above on the bed of a flatbed motor vehicle. A person may
not ride on the exterior portion of any motor vehicle within the John Day River
Scenic Waterway.
(ii) A person may
not operate a vehicle with a load which is unsecured, unsafe, or otherwise
presents a hazard to the public.
Stat. Auth.: ORS 390.124 & 390.845(2)
Stats. Implemented: ORS 390.845(2) & 390.826(7)
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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