OAR 736-040-0015
Definition of Terms

As used in these rules and regulations, unless the context requires otherwise:

(1)

“The Act” means the Scenic Waterways Act (ORS 390.805 (Definitions for ORS 390.805 to 390.925) to 390.925 (Enforcement)).

(2)

“Commission” means the Oregon Parks and Recreation Commission or State Parks and Recreation Commission.

(3)

“Department” means the Oregon Parks and Recreation Department or State Parks and Recreation Department.

(4)

“Director” means the Director of the Oregon Parks and Recreation Department.

(5)

“Existing Use” means the use to which related adjacent land was being put on December 3, 1970; or on the date a river segment or lake was designated as a scenic waterway; or any subsequent change in use authorized under the Act or these rules.

(6)

“Improvement” means the placing on related adjacent land of any building or structure or modification of existing buildings or structures or the clearing, leveling, filling or excavating of related adjacent land.

(7)

“Related Adjacent Land” means all land within one-fourth of one mile (measured horizontally or level, as in usual surveying practice) of the bank on each side of a river within a scenic waterway, except land that, in the Commission’s judgment, does not affect the view from the waters within a scenic waterway.

(8)

“River Bank.” The banks of a river are the boundaries which confine the water to its channel throughout its entire width when the stream is carrying high water at the elevation to which it ordinarily rises annually in season. Generally this will be the line at which the land becomes dominantly influenced by the river and takes on the characteristics of a riverbed and is thereby set apart from the uplands. An evulsion or sudden channel change will not change the boundaries of related adjacent lands.

(9)

“Road” means all roads, public and private.

(10)

“Scenic Easement” means the acquired right to control the use of related adjacent land, including airspace above such land, for the purpose of protecting the scenic view from waters within a scenic waterway.

(11)

“Scenic Waterway” means a river, lake or segment thereof, including related adjacent land and the airspace above, that has been so designated by or in accordance with the Act.

(12)

“Seen from the Waters” and “Visible from the River” mean not entirely concealed from view from the river within a scenic waterway by topography. Land beyond the boundaries of “related adjacent land,” whether or not visible from the river, is not within the jurisdiction of this Act.

Source: Rule 736-040-0015 — Definition of Terms, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=736-040-0015.

736–040–0005
Rules for Conducting Hearings on Scenic Waterways Regulations 736–040–0010
Designated Scenic Waterways 736–040–0015
Definition of Terms 736–040–0020
Responsibility and Authority of the Oregon Parks and Recreation Commission 736–040–0025
Public Use of Scenic Waterways 736–040–0030
Improvements and Changes in Use of Related Adjacent Lands 736–040–0035
Rules of Land Management 736–040–0040
Classification of Scenic Waterways and Segments Thereof 736–040–0041
Nestucca River Scenic Waterway 736–040–0042
Walker Creek Scenic Waterway 736–040–0043
Upper McKenzie River Scenic Waterway 736–040–0044
Interim Classification of State Scenic Waterways 736–040–0045
Rogue River Scenic Waterway 736–040–0046
North Umpqua River Scenic Waterway 736–040–0047
Grande Ronde River Scenic Waterway 736–040–0048
Wallowa River Scenic Waterway 736–040–0049
Upper Clackamas River Scenic Waterway 736–040–0050
llinois River Scenic Waterway 736–040–0051
Elk River Scenic Waterway 736–040–0052
Upper Rogue River Scenic Waterway 736–040–0053
Klamath River Scenic Waterway 736–040–0055
Owyhee River Scenic Waterway 736–040–0056
Metolius River Scenic Waterway 736–040–0060
Minam River Scenic Waterway 736–040–0065
John Day River Scenic Waterway 736–040–0066
North Fork John Day River Scenic Waterway 736–040–0067
Middle Fork John Day River Scenic Waterway 736–040–0068
South Fork John Day River Scenic Waterway 736–040–0070
Deschutes River Scenic Waterway 736–040–0071
Deschutes River Scenic Waterway Boater Pass System Rules 736–040–0072
Middle Deschutes River Scenic Waterway 736–040–0073
Upper Deschutes River Scenic Waterway 736–040–0075
Sandy River Scenic Waterway 736–040–0076
Clackamas River Scenic Waterway 736–040–0078
Waldo Lake and the North Fork of the Middle Fork of the Willamette River 736–040–0080
Notification Procedures 736–040–0085
Procedures in Event of Commission Denial 736–040–0090
Condemnation of Related Adjacent Land 736–040–0095
Public Lands Within or Adjacent to a Scenic Waterway 736–040–0100
Chetco River Scenic Waterway 736–040–0110
Molalla River Scenic Waterway 736–040–0120
Nehalem River Scenic Waterway Management Rules
Last Updated

Jun. 8, 2021

Rule 736-040-0015’s source at or​.us