Current through Register Vol. 63, No. 3, March 1, 2024
Pursuant to ORS
390.962(1), the
department prescribes the criteria 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), for
the designation of Oregon Scenic Bikeways.
(1) Oregon Scenic Bikeways may be comprised
of bicycle paths, designated transportation corridors or a combination thereof.
Oregon Scenic Bikeways may include route sections located in or near existing
rights-of-way for roads or highways.
(2) Oregon Scenic Bikeways may be linear,
loop, or a combination of linear and loop routes that are routes of scenic
quality that inspire people to experience Oregon's natural beauty and cultural
heritage by bicycle.
(3) Pursuant
to ORS 390.962(1), an
Oregon Scenic Bikeway 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 and subject to the limitations
provided in ORS 390.950 to
390.989 and
390.995(2).
(4) The Department will
periodically call for Bikeway applications.
(5) Evaluation of Applications
(a) To be considered as an Oregon Scenic
Bikeway, a proponent must submit to the department a completed Oregon Scenic
Bikeway Application form in the format specified by the department.
(b) The department will review each Oregon
Scenic Bikeway proposal for completeness, including whether the application
adequately addressees the considerations provided in ORS
390.965(2). The
department will provide all complete, eligible applications to the committee.
Incomplete or ineligible applications will be returned to the proponents with
an explanation of the deficiencies.
(c) The committee will consider routes for
designation based on the criteria provided in sections (1)-(3) of this rule and
the Oregon Recreation Trails System Act, ORS
390.950 to
390.989 and
390.995(2).
(d) The committee shall conduct a field
review of the proposed route, to include a review conducted on bicycles by no
less than three (3) members of the committee.
(e) The committee shall score the route
against criteria established in the Oregon Recreation Trails System Act, ORS
390.950 through
390.989 and
390.995, and 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.
(E) Minimizing adverse effects and conflicts
between other existing recreation user types.
(f) Based on the application, field review
and scoring the committee shall determine if the route qualifies to be
recommended for designation as an Oregon Scenic Bikeway.
(g) The committee will forward
recommendations for designation to ORTAC.
(h) The committee will forward
recommendations for designation to the director for approval to advance to the
designation process.
(i) If the
committee does not recommend designating the route as an Oregon Scenic Bikeway,
it shall provide comments and recommendations to the proponent. The proponent
may reapply to the department only after fully addressing the recommendations
of the committee.
(6)
Designation Process:
(a) The Proponent must
submit to the department a completed Bikeway Plan in the format specified by
the department.
(b) The department
shall hold public meetings on the recommended designation as provided in ORS
390.965(1).
(c) The committee shall provide each
recommendation for designation as an Oregon Scenic Bikeway to the
director.
(d) After the public
meetings required in subsection (b) the director shall either:
(A) Submit the committee's recommendation to
the commission for approval or denial of the proposed Oregon Scenic Bikeway;
or
(B) Request that the committee
provide further consideration of issues presented in the public
meeting.
(7)
Scenic Bikeway 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 Bikeway
Standards.
(b) The department shall
evaluate each Oregon Scenic Bikeway at least once every five (5) years. The
department will provide the committee an evaluation of the Scenic Bikeway
including any significant changes on the route that would diminish its scenic
qualities and the strength of the local proponent group. Upon review, the
committee may recommend:
(A) The trail be
improved to meet the standards of state designation; or
(B) Removal of Oregon Scenic Bikeway
designation when or if the route no longer meets the criteria.
(c) Signing and Publication of
Oregon Scenic Bikeway.
(A) Consistent with the
requirements of ORS 390.959, the department will
establish sign standards and coordinate sign placement for all routes that the
commission designates as an Oregon Scenic Bikeway.
(B) The department will publish on its web
page and make available standardized route maps for all Oregon Scenic
Bikeways.
Statutory/Other Authority: ORS
390.971(8)
Statutes/Other Implemented: ORS
390.956,
390.959,
390.962,
390.968 &
390.971
