OAR 736-009-0030
Establishing 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 superior scenic quality that inspire people to experience Oregon’s natural beauty and cultural heritage by bicycle.(3)
Pursuant to ORS 390.962 (Criteria for establishing trails)(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 (Short title) to 390.989 (Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989) and 390.995 (Criminal penalties)(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 (Hearing required)(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 (Short title) to 390.989 (Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989) and 390.995 (Criminal penalties)(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 (Short title) through 390.989 (Eminent domain does not apply to department powers or duties under ORS 390.950 to 390.989) and 390.995 (Criminal penalties), 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.(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 for consultation during an ORTAC public meeting.(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 (Hearing required)(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 (Composition of trails system), 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.
Source:
Rule 736-009-0030 — Establishing Oregon Scenic Bikeways, https://secure.sos.state.or.us/oard/view.action?ruleNumber=736-009-0030.