Or. Admin. Code § 736-040-0043

Current through Register Vol. 63, No. 11, November 1, 2024

Section 736-040-0043 - Upper McKenzie River Scenic Waterway

(1) Recreational River Areas:

(a) The following river segments from Clear Lake to Deer Creek are classified Recreational River Areas:

(A) Adjacent lands east of the river from Clear Lake to Carmen Reservoir;

(B) Adjacent lands east of the river from Tamolitch Falls to Trail Bridge Reservoir;

(C) Adjacent lands east of the river from Trail Bridge Dam to the confluence of Deer Creek with the McKenzie River.

(b) The Department will administer the Recreational River Areas described in subsection (1)(a) consistent with standards set by OAR 736-040-0035. In addition to the above standards, the Department may permit new mining operations, road construction, and similar improvements only when they are substantially screened from view from the river by topography or native vegetation. If inadequate topographic or vegetative screening exists on a site, activities mentioned above may be permitted if vegetation is established which will provide substantial screening of the affected area. The condition of "substantial vegetative screening" shall consist of an ample density and mixture of native evergreen and deciduous vegetation to totally obscure, or allow only a highly filtered view of, the landscape affected by the improvement. New structures and associated improvements shall be permitted when partially screened from view from the river by topography or vegetation. If inadequate topographic or vegetative screening exists on a site, the structure or improvements may be permitted if vegetation is established to provide partial screening of the proposed structure or improvement within a reasonable time (for example 4-5 years). The condition of "partial vegetative screening" shall consist of an ample density and mixture of native evergreen and deciduous vegetation to partially obscure view (at least one-half) of the proposed structure or improvement, or to allow a moderately filtered view (at least 50 percent filtering) of the proposed structure or improvement. Improvements needed for public recreation use or resource protection may be visible from the river, but must be designed to blend with the natural character of the landscape;

(c) Land adjacent to both sides of the river from the confluence of Deer Creek to the lower end of Paradise Campground (western boundary of Section 9, Township 16 south, Range 6, East);

(d) The Department will administer the Recreation River Area described in subsection (1)(c) consistent with standards set by OAR 736-040-0035 and the Lane County Land Development Code. In addition to the above standards, timber harvesting and thinning (except for those lands in Willamette National Forest) new mining operations, road construction, and similar improvements shall be permitted only when substantially screened from view from the river by topography or vegetation. If inadequate topographic or native vegetative screening exists on or near the site, activities mentioned above may be permitted if vegetation is established which will provide substantial screening of the affected area within a reasonable period of time (for example 4-5 years);

(e) The condition of "substantial vegetative screening" shall consist of an ample density and mixture of native evergreen and deciduous vegetation to totally obscure, or allow only a highly filtered view of the improvement. The Department will review tree harvesting, thinning and other forest management activities on Willamette National Forest lands for conformance with the Willamette National Forest Plan's visual quality objectives associated with the area where the activity is proposed;

(f) New structures and associated improvements shall be permitted when partially screened from view from the river by topography or vegetation. If inadequate, topographic or vegetative screening exist on a site, the structure or improvement may be permitted if vegetation is established to provide partial screening of the affected area within a reasonable period of time (for example 4-5 years). The condition of "partial vegetative screening" shall consist of an ample density and mixture of native evergreen and deciduous vegetation to partially obscure (at least one-half) the viewed structure or improvement, or allow a moderately filtered view (at least 50 percent filtering) of the proposed structure or improvement. Improvements needed for public recreation use or resource protection may be visible from the river, but must be designed to blend with the natural character of the landscape;

(g) Wherever the standards of OAR 736-040-0035 and the above rules are more restrictive than the Lane County Land Development Code, the above Oregon Administrative Rules shall apply.

(2) Scenic River Areas:

(a) The following river segments from Clear Lake to Deer Creek are classified as Scenic River Areas:

(A) Adjacent lands west of the river from Clear Lake to Carmen Reservoir;

(B) Adjacent lands west of the river from Tamolitch Falls to Trail Bridge Reservoir;

(C) Adjacent lands west of the river from Trail Bridge Dam to the confluence of Deer Creek with the McKenzie.

(b) The Department will administer the Scenic River Areas described in subsection (2)(a) consistent with standards set by OAR 736-040-0035. In addition to the above standards, new mining operations, road construction, and similar improvements shall be permitted only when they are substantially screened from view from the river by topography or native vegetation. If inadequate topographic or vegetative screening exists on a site, activities mentioned above may be permitted if vegetation is established which will provide substantial screening of the affected area. The condition of "substantial vegetative screening" shall consist of an ample density and mixture of native evergreen and deciduous vegetation to totally obscure or allow only a highly filtered view of the landscape affected by the improvement;

(c) New structures and associated improvements shall be permitted when substantially screened from view from the river by topography or vegetation. If inadequate topographic or vegetative screening exists on a site, the structure or improvements may be permitted if vegetation is established to provide substantial screening of the proposed structure or improvement within a reasonable period of time (for example 4-5 years). The condition of "substantial vegetative screening" shall consist of an ample density and mixture of native evergreen and deciduous vegetation to totally obscure the structure or improvement, or allow a highly filtered view of the proposed structure or improvement. Improvements needed for public recreation use or resource protection may be visible from the river, but must be designed to blend with the natural character of the landscape.

Or. Admin. Code § 736-040-0043

PR 4-1992, f. & cert. ef. 7-29-92; PRD 6-2008, f. & cert. ef. 5-15-08

Stat. Auth.: ORS 390.845(2)

Stats. Implemented: ORS 390.845(2)