Oregon Administrative Rules
Chapter 736 - PARKS AND RECREATION DEPARTMENT
Division 40 - OREGON SCENIC WATERWAYS
Section 736-040-0110 - Molalla River Scenic Waterway
Universal Citation: OR Admin Rules 736-040-0110
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Scenic River Area:
(a) That segment of the Molalla River from
the Confluence with the Table Rock Fork to Pine Creek 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 Clackamas 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.
(2) Recreational River Area:
(a) That segment of the Molalla River from
the Pine Creek Confluence to Trout Creek 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 Clackamas County land use and
development regulations.
(c)
Natural evergreen vegetation shall be maintained between improvements and the
river unless removal does not impact the view as seen from the river.
(d) 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 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.
(f) 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.
(g) New roads, mines and similar forms of
development shall be set back from the river consistent with Clackamas 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.
(3) River Community Area:
(a) That segment of the
Molalla River from the Confluence with Trout Creek to the Glen Avon Bridge is
classified as a River Community Area.
(b) Lands located north of the Glen Avon
Bridge, and north of Dickey Prairie Road west of the Glen Avon Bridge, do not
affect the view from the waters within the scenic waterway and are not
regulated as related adjacent land under this division.
(c) The department shall administer this
River Community Area as provided in OAR 736-040-0035 and 736-040-0040(1)(f). In
addition, all new improvements shall be consistent with applicable Federal and
State laws, and Clackamas County land use and development
regulations.
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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