OAR 736-040-0046
North Umpqua River Scenic Waterway


(1)

Recreation River Areas:

(a)

That segment of the North Umpqua River that includes shoreline and related adjacent land on both banks of the River from its intersection with a line forming the East half of the East half of Section 18, Township 26 South, Range 3 East, Willamette Meridian, Douglas County (a line forming E 12, E 12, Section 18, T26S, R3E, W.M., Douglas County; approximately just below the Soda Springs Powerhouse) downstream to the North Umpqua River Highway 138 bridge in Section 22, Township 26 South, Range 2 East, Willamette Meridian (Section 22, T26S, R2E, W.M., Douglas County);

(b)

The Department will administer the Recreation River Area described in subsection (1)(a) consistent with standards set by OAR 736-040-0035 (Rules of Land Management) and 736-040-0040 (Classification of Scenic Waterways and Segments Thereof)(1)(c)(B). In addition to the above standards, the Department may permit new mining operations, road construction, and similar improvements only when 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 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 improvement may be permitted if vegetation is established to provide partial screening of the proposed structure or improvement within a reasonable period of time (for example 4–5 years). The condition of “partial screening” shall consist of an ample density and mixture of native evergreen and deciduous vegetation to partially obscure (at least one-half) the viewed improvement or structure, 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;

(c)

That segment of the North Umpqua River that includes the shoreline and adjacent lands north of the river channel from the North Umpqua River Highway 138 bridge (Marsters Bridge) located in Section 22, Township 26, Range 2E, W.M. and the point at which Rock Creek converges with the North Umpqua River excluding any area classified “River Community Area”;

(d)

The Department will administer the Recreation River Area described in subsection (1)(c) consistent with standards set by OAR 736-040-0035 (Rules of Land Management), 736-040-0040 (Classification of Scenic Waterways and Segments Thereof)(1)(c)(B) and the Douglas County Land Use and Development Ordinance. In addition to the above standards, the Department may permit new mining operations, road construction, commercial tree harvesting, and similar improvements only when 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 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:

(A)

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 improvement may be permitted if vegetation is established to provide partial screening of the proposed structure or improvement within a reasonable period of time (for example 4–5 years). The condition of “partial screening” shall consist of an ample density and mixture of native evergreen and deciduous vegetation to partially obscure (at least one-half) the viewed improvement or structure, or allow a moderately filtered view (at least 50 percent filtering) of the proposed structure or improvement;

(B)

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)

Wherever the standards of OAR 736-040-0035 (Rules of Land Management) and the above rule are more restrictive than the Douglas County Land Use and Development Ordinance, the above Oregon Administrative Rules shall apply.

(2)

Scenic River Area:

(a)

That segment of the North Umpqua Scenic Waterway that includes the shoreline and adjacent lands south of the river channel from the North Umpqua River Highway 138 bridge (Marsters Bridge) located in Section 22, Township 26, Range 2E, W.M., and the point at which Rock Creek converges with the North Umpqua River excluding any area classified “River Community Area”;

(b)

The Department will administer the Scenic River Area described in subsection (2)(a) consistent with standards set by OAR 736-040-0035 (Rules of Land Management), 736-040-0040 (Classification of Scenic Waterways and Segments Thereof)(1)(b)(B) and the Douglas County Land Use and Development Ordinance;

(c)

In addition to the above standards, the Department may permit new mining operations, road construction, commercial tree harvesting and similar improvements 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). The condition of “substantial 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;

(d)

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 exist on a site, the structure or improvement may be permitted if vegetation is established to provide substantial screening of the affected area in a reasonable time (for example 4–5 years). The condition of “substantial 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 proposed structure or improvement;

(e)

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;

(f)

Wherever the standards of OAR 736-040-0035 (Rules of Land Management) and the above rule are more restrictive than the Douglas County Land Use and Development Ordinance, the above Oregon Administrative Rules shall apply.

(3)

River Community Areas:

(a)

Five areas are designated as River Community Areas:

(A)

Rock Creek — All the shoreline and related land east of Rock Creek along the right bank (as seen when facing downstream) within the SW 14 of Section 1, T26S, R3W, W.M., which includes tax lots 600, 700, 800, and 900;

(B)

Frontier Village — The North Umpqua Village Subdivision (Vol. 7, page 60, approved in March 1948); the plat of North Umpqua Village first addition as recorded in Volume 10, page 52; Tract 37 of Section 16, Township 26S, Range 2W, W.M., Douglas County, Oregon as filed June 25, 1954. In addition to these plats, tax lots 300 and 400 of the SW 14 of T26, R2W, Sec 16 (Sec 16C); tax lots 500, 600, 700, 701, and 800, in SE 14 of T26S, R2W, Section 17;

(C)

Susan Creek Village — The shoreline and related adjacent lands lying along the right bank of the North Umpqua River (as seen facing downstream) and described as follows: The Northwest one-quarter of Section 23, Township 26 South, Range 2 West, Willamette Meridian, Douglas County (NW 12, Section 23, T26S, R2W, W.M.);

(D)

Steamboat — All shoreline and related adjacent lands lying within the west half of Section 32, Township 25-12 South, Range 1 East, Willamette Meridian (W 12, Section 32, T25-1/2S, R1E, W.M.); the northwest one-quarter of Section 5, Township 26 South, Range 1 East, Willamette Meridian (NW 14, NW 14, Section 4, T26S, R1E, W.M.); the East half of Section 31, Township 25-12 South, Range 1 East, Willamette Meridian (E 12, Section 31, T25-12 S, R1E, W.M.); and the north half of the northeast one-quarter of Section 6, Township 26 South, Range 1 East, Willamette Meridian (N1/2, NE1/4, Section 6, T26S, R1E, W.M.) Douglas County;

(E)

Dry Creek — All shoreline and related adjacent lands lying along the right bank (as seen when facing downstream) within the east half of the northwest quarter and the west half of the northeast quarter of Section 20, Township 26 South, Range Two East, Willamette Meridian (E1/2, NW 14, and W1/2, NE 14, Section 20, T26S, R2E, W.M.), Douglas County.

(b)

Within these River Community areas described in OAR 736-040-0041 (Nestucca River Scenic Waterway)(3)(a)(A)–(E) the Department may not permit new commercial facilities such as resorts, motels, and private recreational vehicle parks unless their plans are consistent with requirements of the Douglas County Land Use and Development Ordinance; and they are not visible from any vantage point on the banks of, or from within, the river;

(c)

Any other land uses that may be permitted in the river community areas by the county, such as single family dwellings, will be allowed if their plans are consistent with Douglas County Land Use and Development Ordinance requirements and Scenic Waterway standards OAR 736-040-0035 (Rules of Land Management);

(d)

Wherever the standards of OAR 736-040-0035 (Rules of Land Management) and the above rule are more restrictive than the Douglas County Land Use and Development Ordinance, the above Oregon Administrative Rules shall apply.

Source: Rule 736-040-0046 — North Umpqua River Scenic Waterway, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=736-040-0046.

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 736-040-0046’s source at or​.us