OAR 736-040-0085
Procedures in Event of Commission Denial

(1)

During the period of one year following the original notice to the Commission:

(a)

The Commission and the owner of the land involved may agree upon modifications or alterations of the proposal so that implementation thereof would not, in the judgment of the Commission, impair substantially the natural beauty of the scenic waterway or otherwise violate the provisions of the Act or these rules and regulations;

(b)

The Commission may acquire by purchase, gift, or exchange, the land involved or interest therein, including scenic easements, for the purpose of preserving the natural beauty of the scenic waterway;

(c)

The landowner may make a written request of the Commission to enter into further negotiations regarding use of the land as prescribed in section (2) of this rule.

(2)

The Commission, upon receiving a written request from an owner of related adjacent land, shall enter into negotiations and endeavor to reach agreement with such owner establishing for the use of such land a plan that would not impair substantially the natural beauty of the scenic waterway. At the time of such request for negotiations, the owner may submit an alternate plan in writing setting forth in detail his proposed uses. Then:

(a)

Three months after the owner makes such a request for negotiations, either the Commission or the owner may give written notice that the negotiations are terminated without agreement;

(b)

Nine months after the notice of termination of negotiations, the owner may use his land in conformity with any specific written plan submitted by the owner prior to or during negotiations, in the event the Commission and the owner reach agreement establishing a plan for land use, such agreement is terminable upon at least one year’s written notice by either the Commission or the owner;

(c)

Twelve months after the Department accepts as complete the original notice to the Commission, the owner may use their land in conformity with the specific written plan submitted as a part of that notice unless the Commission has sooner instituted proceedings to acquire the land involved.

Source: Rule 736-040-0085 — Procedures in Event of Commission Denial, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=736-040-0085.

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 736-040-0085’s source at or​.us