OAR 736-040-0030
Improvements and Changes in Use of Related Adjacent Lands

(1)

Except as provided in section (5) of this rule, OAR 736-040-0035 (Rules of Land Management) and 736-040-0045 (Rogue River Scenic Waterway) through 736-040-0075 (Sandy River Scenic Waterway), no person shall make any improvement or change in the existing use of related adjacent land without first giving written notification to the Commission of the intent to make an improvement or change in land use. The proposed improvement or change in land use shall not be made or work started sooner than one year after such notice unless the Commission has given its written approval of the proposal. (See notification procedures in OAR 736-040-0080 (Notification Procedures).)

(2)

Upon receipt of such notice, the Commission shall determine if the proposal would impair the natural beauty of the scenic waterway substantially.

(3)

If the proposed improvement or change of land use would not impair the natural beauty substantially, the Commission shall give written notice to the owner of the related adjacent land that he may proceed immediately with the proposal as described in his notification to the Commission.

(4)

Should the Commission determine that the proposal, if carried out, would impair the natural beauty of the scenic waterway substantially, or otherwise violate the provisions of the Act or these rules and regulations, it will so notify the owner of the related adjacent land in writing. No steps shall be taken by the applicant to carry out such proposal until at least one year after the original notice to the Commission unless agreement with the Commission is sooner reached. (See OAR 736-040-0080 (Notification Procedures).)

(5)

In connection with existing use of related adjacent land, farmers, ranchers and residents may modify existing structures or construct or place such subsidiary and lesser structures adjacent thereto, except residences or guest houses, as are usual and necessary to their existing use without prior notice to the Commission, provided that such modification or construction will not violate OAR 736-040-0035 (Rules of Land Management)(7)(a) and (b) and will be in harmony with the natural beauty of the scenic waterway.

(6)

Repair and maintenance of existing facilities and structures in a manner compatible with these rules and regulations do not require notification to the Commission.

Source: Rule 736-040-0030 — Improvements and Changes in Use of Related Adjacent Lands, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=736-040-0030.

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 736-040-0030’s source at or​.us