Current through Register Vol. 63, No. 3, March 1, 2024
(1) Natural River Area: The segment of the
scenic waterway extending from the east boundary line of Section 25 and Section
36, Township 1 South, Range 4 East, of Willamette Meridian, in Clackamas County
at Dodge Park, downstream approximately 3.8 miles to the South line of the
North Half of the Northeast Quarter of Section 23, Township 1 South, Range 4
East, of Willamette Meridian, in Multnomah County near Indian John Island, is
classified as a Natural River Area.
(2) Scenic River Area: The segment of the
scenic waterway extending from the South line of the North Half of the
Northeast Quarter of Section 23, Township 1 South, Range 4 East, of the
Willamette Meridian, in Multnomah County near Indian John Island, downstream
approximately 8.7 miles to the West line of the East Half of the Northeast
Quarter of Section 6, Township 1 South, Range 4 East, of the Willamette
Meridian, in Multnomah County at Dabney State Park, is classified as a Scenic
River Area.
(3) In both the Natural
River Area and the Scenic River Area of the Sandy River Scenic Waterway:
(a)
(A)
Within the area of greatest visual effect on the natural river scene, as
indicated on the map of the Sandy River Scenic Waterway prepared by the State
Parks and Recreation Department and dated September 13, 1972, new structures or
other improvements which are visible from the river (see OAR 736-040-0015(10),
Definition of Terms), other than those erected or made in connection with
compatible existing uses, or those needed for public outdoor recreation or
resource protection will not be permitted unless they are so located that their
visual effect is primarily on the upland scene (above the rims of the canyon,
or "bluff line," usually readily discernible) rather than on the scene as
viewed from the river;
(B) Outside
that area of greatest visual effect on the natural river scene, uses which are
consistent with applicable county zoning ordinances and OAR 736-040-0030 and
736-040-0035 may be permitted. Within the Natural River Area, such permitted
uses shall be largely concealed from view from the river by topography or
established evergreen vegetation which shall be maintained; within the Scenic
River Area such permitted uses may be visible from the river, provided they are
consistent with applicable county zoning regulations and OAR 736-040-0030 and
736-040-0035.
(b)
Outside the area of greatest visual effect on the natural river scene, as
indicated on the map of the Sandy River Scenic Waterway prepared by the State
Parks and Recreation Department and dated 13 September 1972, notification is
not required for changes of land use, construction of buildings or other
improvements or other alterations or activities which:
(A) Are less than 21 feet in height above
natural grade on a side facing the river;
(B) Are entirely concealed from view from the
river by topography or established evergreen vegetation which shall be
maintained;
(C) Do not involve
reduction of existing vegetation which is visible from the river;
(D) Are finished in muted tones without large
reflective surfaces; and
(E) Meet
applicable requirements of other governmental agencies, including county zoning
regulations.
Stat. Auth.: ORS
183.545, ORS
183.550 & ORS
390.805 - ORS
390.925
Stats. Implemented: ORS
390.845(2)