Oregon Administrative Rules
Chapter 736 - PARKS AND RECREATION DEPARTMENT
Division 40 - OREGON SCENIC WATERWAYS
Section 736-040-0072 - Middle Deschutes River Scenic Waterway
Universal Citation: OR Admin Rules 736-040-0072
Current through Register Vol. 63, No. 9, September 1, 2024
(1) North Bend River Community Area:
(a) From Sawyer Park at approximately river
mile 164 to the northern Urban Growth Boundary of the City of Bend at
approximately river mile 161, the river is classified North Bend River
Community Area;
(b) Within this
area, all new structures, improvements and development shall be in compliance
with the Land Management rules as described in OAR
736-040-0035 and
736-040-0040(1)(f),
and be consistent with applicable City of Bend and Deschutes County land use
and development regulations. Improvements needed for public recreation use or
resource protection shall be designed to blend with the natural character of
the landscape.
(2) Crooked River Ranch River Community Area 1:
(a) From approximately river mile 129.9 to
131.5, the residential building lots #1 - 50 within Phase 5 of the Crooked
River Ranch subdivision as specified on the Plat Map recorded November 1973, in
book 2, Pages 253-258, in the Deschutes County Clerk's Office, the river is
classified Crooked River Ranch Community Area 1;
(b) Within this area, all new structures,
improvements and development shall be in compliance with the Land Management
rules as described in OAR
736-040-0035 and
736-040-0040(1)(f),
and be consistent with applicable Deschutes County land use and development
regulations. There will be no further partitioning of designated Community
Areas for residential development. Improvements needed for public recreation
use or resource protection shall be designed to blend with the natural
character of the landscape.
(3) Crooked River Ranch River Community Area 2:
(a) From approximately river mile 124.3 to
125.25, the residential building lots #1 - 107 within Phase 12 of the Crooked
River Ranch subdivision as specified on the Plat Map recorded June 1978, in
book 12, Page 582, in the Jefferson County Clerk's Office; the river is
classified Crooked River Ranch River Community Area 2;
(b) Within this area, all new structures,
improvements and development shall be in compliance with the Land Management
rules as described in OAR
736-040-0035 and
736-040-0040(1)(f),
and be consistent with applicable Jefferson County land use and development
regulations. There will be no further petitioning of designated Community Areas
for residential development. Improvements needed for public recreation use or
resource protection shall be designed to blend with the natural character of
the landscape.
(4) Recreational River Area:
(a) From the
northern Urban Growth Boundary of the City of Bend at approximately river mile
161 downstream to Tumalo State Park at approximately river mile 158, the river
is classified Recreational River Area;
(b) Within this area, all new structures,
improvements and development shall comply with the Land Management rules as
described in OAR 736-040-0035 and
736-040-0040(1)(c)(B),
and be consistent with applicable Deschutes County land use and development
regulations:
(A) New structures and
improvements shall be set back a minimum of 100 feet from the ordinary high
water line of the river. A set back of 20 feet or more is required from the
edge of the rim rock (where this feature exists). The Department shall
determine the exact distance for the above setbacks on a case-by-case basis,
dependent on existing terrain, existing vegetation, height of proposed
structure, and applicable county setback requirements;
(B) New structures shall be finished in
colors and tones that blend with the surrounding landscape. For the purpose of
this rule, landscape includes indigenous vegetation, soils and rock material.
Natural evergreen vegetation will be maintained between the structures and the
river. The establishment of additional vegetative screening (preferably native
vegetation) may be required to further mitigate the visual impact of the
structure as seen from the river;
(C) Roads, mines and similar forms of
development shall be set back from the river consistent with County zoning and
land development requirements and be screened from view from the river by
topography or by existing or established evergreen vegetation;
(D) Improvements needed for public recreation
use or resource protection shall be designed to blend with the natural
character of the landscape.
(5) Scenic River Area:
(a) From Deschutes Market Road at
approximately river mile 157 downstream to the south boundary of the Wilderness
Study Area at approximately river mile 131, excluding the Cline Falls Dam and
powerhouse section between the State Highway 126 Bridge and river mile 144 and
the Crooked River Ranch River Community Area, the river is classified Scenic
River Area;
(b) Within this area
all new structures, improvements and development will comply with the Land
Management rules as described in OAR
736-040-0035 and
736-040-0040(1)(b)(B)
and be consistent with applicable Deschutes County land use and development
regulations:
(A) New structures and
improvements shall be set back a minimum of 100 feet from the ordinary high
water line of the river. A set back of 20 feet or more is required from the
edge of the rim rock (where this feature exists). The Department will determine
the exact distance for the above setbacks on a case-by-case basis dependent on
existing terrain, existing vegetation, height of proposed structure, and
applicable county setback requirements;
(B) New structures shall be finished in
colors and tones that blend with the surrounding landscape. For the purposes of
this rule, landscape includes indigenous vegetation, soils, and rock material.
Natural evergreen vegetation shall be maintained between the improvements and
the river. The establishment of additional vegetative screening (preferably
native vegetation) may be required to further mitigate the visual impact of the
structure as seen from the river;
(C) Roads, mines and similar forms of
development shall be screened from view from the river by topography. Within
this area no new roads or mines shall be allowed below the canyon
rim;
(D) Improvements needed for
public recreation use or resource protection shall be designed to blend with
the natural character of the landscape.
(6) Natural River Area:
(a) From the south boundary of the Wilderness
Study Area at approximately river mile 131 to the Lake Billy Chinook stream
gauge at approximately river mile 120, excluding the Crooked River Ranch River
Community Areas as described in the River Community section, the river is
classified Natural River Area;
(b)
Within this area all new structures, improvements and developments shall comply
with the Land Management rules as described in OAR
736-040-0035 and
736-040-0040(1)(a)(C),
and be consistent with applicable local land use and development regulations:
(A) No new structures and improvements shall
be allowed within this area unless fully screened from view from the river by
topography except those minimal facilities needed for resource protection or
public outdoor recreation;
(B)
Roads, mines and similar forms of development shall be permitted only when
fully screened from view from the river by topography. Any existing roads shall
not be extended, realigned or improved substantially unless fully screened by
topography. All excess road construction materials (side cast) shall be removed
to locations screened from view from the river and where they cannot be
transported by gravity to the river;
(C) New structures, improvements and
development needed for resource protection or public outdoor recreation use
shall be primitive in character and designed to blend with the natural
character of the landscape. These structures shall be finished in colors and
tones that blend with the surrounding landscape. For purposes of this rule,
landscape includes indigenous vegetation, soils and rock materials.
Stat. Auth.: ORS 390.845(2)
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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