Current through Register Vol. 63, No. 9, September 1, 2024
Pursuant to ORS
390.962(1), the
department prescribes the criteria for the designation of Oregon Scenic Trails
in this rule in addition to those provided in the Oregon Recreation Trails
System Act, ORS 390.950 to
390.989 and
390.995(2).
(1) Oregon Scenic Trails will be comprised of
routes that provide access to national, state, or regional resources of
superlative quality and scenic splendor.
(2) Oregon Scenic Trails may be linear, loop,
or a combination of linear and loop routes and shall generally meet these
criteria:
(a) Scenic Trails will connect to
other trails to the extent possible.
(b) Scenic Trails should be a minimum of one
(1) mile in length.
(3)
Pursuant to ORS 390.962(1), an
Oregon Scenic Trail may be located:
(a) Over
public land with the consent of each governmental entity having jurisdiction
over the lands designated; or
(b)
Over privately-owned lands in the manner of and subject to the limitations
provided in ORS 390.950 to
390.989 and
390.995(2).
(4) Until January 2, 2025, the
council will annually review and provide input on investment priorities for
department bicycle and pedestrian projects on signature, scenic or recreation
trails proposed under requirements of 2019 OL Chapter 491 Section 28.
(a) Bicycle and pedestrian transportation
projects may include improving walking and bicycling access in areas where no
connection exists, transportation options are limited or significant safety
concerns are addressed by the improvement.
(b) One member of the council shall be a
member of the Oregon Bicycle and Pedestrian Advisory Committee created in ORS
366.112.
(5) Evaluation of Applications
(a) To be considered as an Oregon Scenic
Trail, a proponent must submit to the department a complete Oregon Scenic Trail
Application form in the format specified by the department, including a
detailed Trail Management Plan.
(b)
The department will review each Oregon Scenic Trail application for
completeness and eligibility, including whether the application adequately
addresses the considerations provided in ORS
390.965(2). The
department will provide all complete, eligible applications to the council.
Incomplete or ineligible applications will be returned to the proponents with
an explanation of the deficiencies.
(c) The council will consider trails for
designation based on the criteria provided in sections (1) to (3) of this rule
and the Oregon Recreation Trails System Act, ORS
390.950 to
390.989 and
390.995(2).
(d) The council or designee shall conduct a
field review of the proposed trail.
(e) The council shall score the trail against
criteria established in the Oregon Recreation Trails System Act, ORS
390.950 through
390.989 and
390.995, and in this rule,
including but not limited to:
(A) Emphasis on
use of public lands,
(B) Minimizing
adverse effects on adjacent landowners,
(C) Harmony with and complement to
established forest, agricultural, or other use plans, and
(D) Any natural features, agriculture,
forest, unusual or unique landforms, vegetation, water components, scenic
beauty and interest, as well as amenities available to the route.
(f) Based on the application,
field review, and scoring, the council shall determine if the trail qualifies
to be recommended for designation as an Oregon Scenic Trail.
(g) If the council does not recommend
designating the route as an Oregon Scenic Trail, it shall provide comments and
recommendations to the proponent. The proponent may reapply to the council only
after fully addressing the recommendations of the council.
(6) Designation Process:
(a) The council shall provide each
recommendation for designation as an Oregon Scenic Trail to the
director.
(b) The department shall
hold public meetings on the recommended designation as provided in ORS
390.965(1).
(c) After the public meetings required in
subsection (b), the director shall either:
(A) Submit the council's recommendation to
the commission for approval or denial of the proposed Oregon Scenic Trail;
or
(B) Request that the council
provide further consideration of issues presented in the public
meeting.
(7)
Trail Management:
(a) The department will
enter into written cooperative agreements with landowners, federal agencies,
other state agencies, local governments, private organizations and individuals
as necessary to ensure that the development, signing, operation, maintenance,
location or relocation of the trail meet the Oregon Scenic Trail
standards.
(b) The department shall
evaluate each Oregon Scenic Trail at least once every five years. The
department will provide the council an evaluation and inventory of the trail
features. Upon review, the council may recommend:
(A) The trail be improved to meet the
standards of state designation; or
(B) Removal of Oregon Scenic Trails
designation when or if the trail no longer meets the criteria.
(c) Signing and Publication of
Oregon Scenic Trails.
(A) Consistent with the
requirements of ORS 390.959, the department will
establish sign standards and coordinate sign placement for each trail the
commission designates as an Oregon Scenic Trail.
(B) The department will publish on its web
page and make available standardized route maps for all Oregon Scenic
Trails.
Statutory/Other Authority: ORS
390.971(8)
Statutes/Other Implemented: ORS
390.956,
390.959,
390.962,
390.968,
390.971 & 2019 HB
2592
