Oregon Administrative Rules
Chapter 736 - PARKS AND RECREATION DEPARTMENT
Division 40 - OREGON SCENIC WATERWAYS
Section 736-040-0100 - Chetco River Scenic Waterway
Universal Citation: OR Admin Rules 736-040-0100
Current through Register Vol. 63, No. 9, September 1, 2024
(1) Accessible Natural River Area:
(a) That
segment of the Chetco River from the Steel Bridge to Eagle Creek is classified
as an Accessible Natural River Area.
(b) The department shall administer this
Accessible Natural River Area consistent with the provisions of OAR
736-040-0035 and
736-040-0040(1)(e)(B).
In addition, all improvements shall be consistent with applicable Federal and
State laws, and Curry County land use and development regulations.
(c) In order to preserve the river and
related adjacent lands in an essentially primitive condition, no new
improvements that are visible from the river other than those erected or made
in connection with a compatible existing use will be allowed to proceed.
Improvements necessary for public outdoor recreation, as provided by public
agencies, and resource protection or enhancement may be visible from the river
but shall be designed to blend with the natural character of the landscape as
much as possible.
(d) Any new
improvement allowed to proceed should be primitive in character and include
screening by topography so it is not visible from the river.
(e) New roads may be allowed to proceed only
when not visible from the river. Screening may be provided by topography,
vegetation, or both.
(f) Major
extensions, realignments, or upgrades to existing roads that are visible from
the river shall be totally screened from view. Screening may be provided by
topography, vegetation, or both.
(2) Scenic River Area:
(a) That segment of the Chetco River from
Eagle Creek to the South Fork Confluence is classified as a Scenic River Area.
(b) The department shall
administer this Scenic River Area as provided in OAR
736-040-0035 and
736-040-0040(1)(b)(B).
In addition, all new improvement shall be consistent with applicable Federal
and State law, and Curry County land use and development regulations.
(c) New improvements shall be
finished in colors and tones that blend with the natural character of the
landscape. For the purposes of this rule, landscape includes indigenous
vegetation, soils and rock material.
(d) Natural evergreen vegetation shall be
maintained between the improvements and the river. If proposed improvements are
visible from the river the department may allow the project to proceed if
vegetation is established by the applicant that will substantially screen the
project in a reasonable time (for example, 4-5 years). The condition of
"substantial vegetative screening" shall consist of an ample density and
mixture of native vegetation to totally obscure or allow only a highly filtered
view of the proposed structures or improvements as seen from the waters.
Improvements necessary for public outdoor recreation, as provided by public
agencies, and resource protection or enhancement may be visible from the river
but shall be designed to blend with the natural character of the landscape as
much as possible.
(e) New roads
may be allowed to proceed only when screened from view from the river by
topography, vegetation, or both.
(3) Recreational River Area:
(a) That segment of the Chetco River from the
South Fork Confluence to the southern boundary of Alfred A. Loeb State Park is
classified as a Recreational River Area.
(b) The department shall administer this
Recreational River Area as provided in OAR
736-040-0035 and
736-040-0040(1)(c)(B).
In addition, all new improvements shall be consistent with applicable Federal
and State laws, and Curry County land use and development regulations.
(c) New improvements shall be
finished in colors and tones that blend with the natural character of the
landscape. For the purposes of this rule, landscape includes indigenous
vegetation, soils and rock material.
(d) New improvements (except as provided
under OAR 736-040-0030(5))
shall be partially screened with existing vegetation, topography, or both. If
inadequate topography or vegetative screening exists on a site, the improvement
may be allowed to proceed if vegetation (preferably native) is established by
the applicant to provide partial screening of the proposed improvement as seen
from the waters within a reasonable time (4-5 years). The condition of "partial
screening" shall consist of an ample density and mixture of native vegetation
to partially obscure (at least 50 percent) the viewed improvement, or allow a
partially filtered view (at least 50 percent filtering) of the proposed
improvement.
(e) Improvements
necessary for public outdoor recreation, as provided by public agencies, and
resource protection or enhancement may be visible from the river but shall be
designed to blend with the natural character of the landscape as much as
possible.
(f) New roads and
similar forms of development shall be set back from the river consistent with
Curry County zoning and land development requirements and be partially screened
from view from the river by topography or by existing or newly established
native vegetation.
Stat. Auth.: ORS 390.124
Stats. Implemented: ORS 390.805 - 390.925
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