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. 3, March 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
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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