Or. Admin. Code § 736-040-0015

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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 to 390.925).

(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.

Or. Admin. Code § 736-040-0015

HC 1258, f. 6-30-71; HC 1285, f. 6-27-72; PR 15-1992, f. & cert. ef. 11-12-92; PRD 6-2008, f. & cert. ef. 5-15-08

Stat. Auth.: ORS 390.805 - 390.925

Stats. Implemented: ORS 390.845