OAR 660-023-0130
Oregon Scenic Waterways
(1)
At each periodic review, local governments shall amend acknowledged plans and land use regulations to address any Oregon Scenic Waterway (OSW) and associated corridor that is not addressed by the acknowledged plan. The standards and procedures of OAR 660-023-0030 (Inventory Process) through 660-023-0050 (Programs to Achieve Goal 5) apply to OSWs, except as provided in this rule.(2)
Local governments shall not inventory OSWs following all the steps of the standard inventory process under OAR 660-023-0030 (Inventory Process). Instead, local governments shall follow only the requirements of OAR 660-023-0030 (Inventory Process)(5) by designating OSWs as significant Goal 5 resources.(3)
A local government may delay completion of the Goal 5 process (OAR 660-023-0040 (ESEE Decision Process) and 660-023-0050 (Programs to Achieve Goal 5)) for an OSW until the Oregon Parks and Recreation Commission (OPRC) adopts a management plan for the OSW. Prior to the OPRC adoption of a management plan for the OSW, the local government shall:(a)
Notify the Oregon Parks and Recreation Department (OPRD) of proposed developments and changes of land use on land within the interim OSW corridor; and(b)
Inform landowners who apply to the local government for development approval or changes of land use within the OSW corridor of their notice obligations under ORS 390.845 (Administration of scenic waterways and related adjacent lands).(4)
Prior to or at the first periodic review following adoption of a management plan by the OPRC for an established OSW, the local government shall adopt a Goal 5 program for the OSW and associated corridor by following either the ESEE standards and procedures of OAR 660-023-0040 (ESEE Decision Process) and 660-023-0050 (Programs to Achieve Goal 5) or the safe harbor provisions in section (5) of this rule. The impact area determined under OAR 660-023-0040 (ESEE Decision Process)(3) shall be the scenic waterway and adjacent lands as set forth in ORS 390.805 (Definitions for ORS 390.805 to 390.925)(2) and (3). Notwithstanding the provisions of OAR 660-023-0040 (ESEE Decision Process)(5), the local program for the OSW shall be consistent with the management plan adopted by OPRC.(5)
As a safe harbor, a local government may adopt only those plan and implementing ordinance provisions necessary to carry out the management plan adopted by OPRC rather than follow the ESEE standards and procedures of OAR 660-023-0040 (ESEE Decision Process) and 660-023-0050 (Programs to Achieve Goal 5).
Source:
Rule 660-023-0130 — Oregon Scenic Waterways, https://secure.sos.state.or.us/oard/view.action?ruleNumber=660-023-0130.