Or. Admin. Code § 736-040-0065

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

Section 736-040-0065 - John Day River Scenic Waterway

(1) Natural River Area:

(a) That segment of the scenic waterway beginning at the intersection of the John Day River with the township line between Township 5 South and Township 6 South, Willamette Meridian, at about river mile 95, thence downstream approximately 51.7 miles to the intersection of the John Day River with the southern section line of Section 30, Township 1 South, Range 19 East, Willamette Meridian, (Section 30, T 1S, R 19E, W.M.) at about river mile 43.3, is classified as a Natural River Area;

(b) This Natural River Area shall be administered consistent with the standards set by OAR 736-040-0035 and 736-040-0040(1)(a)(C). In addition to these standards, all new development in resource zones (i.e. farm-related dwellings) shall comply with Gilliam County or Sherman County land use regulations.

(c) New structures and associated improvements shall be totally screened from view from the river by topography, vegetation, or a combination thereof, except as provided under OAR 736-040-0030(5), and except those minimal facilities needed for public outdoor recreation or resource protection. If inadequate topographic or vegetative screening exists on the site, the structure or improvement may be permitted if native vegetation can be established to provide total screening of the proposed structure or improvement within a reasonable time (4-5 years). The condition of "total screening," as used in section (1) of this rule, shall consist of adequate topography, density and mixture of native evergreen and deciduous vegetation, or a combination thereof to totally obscure (100 percent) the subject improvement.

(d) Commercial public service facilities, including resorts and motels, lodges and trailer parks which are visible from the river, shall not be permitted.

(e) New mining operations, except recreational placer mining and recreational prospecting, as those terms are defined and used in ORS 390.835, and similar improvements, shall be permitted only when they are totally screened from view from the river by topography, vegetation, or a combination thereof. If inadequate topographic or vegetative screening exists to totally screen the proposed mining site, the mining operation may be permitted if native vegetation can be established to provide total screening of the proposed mining site within a reasonable time (4-5 years).

(f) New roads may be permitted only when totally screened from view from the river by topography, vegetation, or a combination thereof. If inadequate topographic or vegetative screening exists to totally screen the proposed road, the road may be permitted if acceptable topography can be created or road design techniques used to totally screen the road at the time of construction or native vegetation can be established to provide total screening of the proposed road within a reasonable time (4-5 years).

(g) Where existing roads are visible from the river, major extensions, realignments, or upgrades to existing roads shall not be permitted. Necessary minor road improvements shall be substantially screened from view from the river. If inadequate topography or vegetation exists to substantially screen the road improvement, the road improvement may be permitted if acceptable topography can be created or road design techniques used to substantially screen the road at the time of construction or native vegetation can be established to provide substantial screening of the road improvement within a reasonable time (4-5 years). The condition of "substantial screening," as used in section (1) of this rule, shall consist of adequate topography, density and mixture of native, evergreen and deciduous vegetation, or a combination thereof to substantially obscure (at least 75 percent) the subject improvement. When an existing road is regraded, no side cast into or visible from the river shall be allowed. Excess material shall be hauled to locations out of view from the river.

(h) Visible tree harvest or other vegetation management may be permitted provided that:

(A) The operation complies with the relevant Forest Practices Act rules;

(B) Harvest and management methods with low visual impact are used;

(C) The harvest or vegetation management does not degrade the riparian buffer of any waterway; and

(D) The harvest or vegetation management is designed to enhance the scenic view within a reasonable time (5-10 years). For the purposes of this paragraph, "enhance" means to benefit forest ecosystem function and vegetative health by optimizing forest stand densities and vegetative composition, fostering forest landscape diversity and promoting sustainable forest values.

(i) Improvements needed for public recreation use or resource protection may be visible from the river, but shall be primitive in character and designed to blend with the natural character of the landscape.

(j) Proposed utility facilities shall share existing utility corridors, minimize any ground and vegetation disturbance, and employ non-visible alternatives when reasonably possible.

(k) Whenever the standards of OAR 736-040-0035 and section (1), subsections (a) through (j) of this rule, are more restrictive than the Gilliam and Sherman County Land Use and Development Ordinances, the above Oregon Administrative Rules shall apply.

(2) Scenic River Areas: Two segments of the John Day River main stem are designated as Scenic River Areas:

(a) That segment of scenic waterway beginning at the confluence of Service Creek at about river mile 157.4 and extending downstream approximately 62.4 miles to the intersection of the John Day River with the township line between Township 5 South and Township 6 South, Willamette Meridian, at about river mile 95, is classified as a Scenic River Area;

(b) That segment of scenic waterway beginning at the intersection of the John Day River with the southern section line of Section 30, Township 1 South, Range 19 East, Willamette Meridian, (Section 30, T 1S, R 19E, W.M.) at about river mile 43.3 and extending approximately 33.3 miles downstream to Tumwater Falls, at about river mile 10, is classified as a Scenic River Area.

(c) These Scenic River Areas shall be administered consistent with the standards set by OAR 736-040-0035 and 736-040-0040(1)(b)(B). In addition to these standards, all new development in resource zones (i.e. farm related dwellings) shall comply with Sherman County, Gilliam County, Wasco County, Wheeler County, or Jefferson County land use regulations, whichever applies.

(d) New structures and associated improvements shall be substantially screened by topography, native vegetation, or a combination thereof, except as provided under OAR 736-040-0030(5), and except for those minimal facilities needed for public outdoor recreation or resource protection. If inadequate topographic or vegetative screening exists on a site, the structure or improvement may be permitted if native vegetation can be established to provide substantial screening of the proposed structure or improvement within a reasonable time (4-5 years). The condition of "substantial screening," as used in section (2) of this rule, shall consist of adequate topography, density and mixture of native, evergreen and deciduous vegetation, or a combination thereof to substantially obscure (at least 75 percent) the viewed structure or improvement.

(e) Commercial public service facilities, including resorts and motels, lodges and trailer parks which are visible from the river, shall not be permitted.

(f) New mining operations, except recreational placer mining and recreational prospecting, as those terms are defined and used in ORS 390.835, and similar improvements, shall be permitted only when they are totally screened from view from the river by topography, vegetation, or a combination thereof. If inadequate topographic or vegetative screening exists on a site, mining and similar forms of development may be permitted if native vegetation can be established to provide total screening of the affected area within a reasonable time (4-5 years). The condition of "total screening," as used in section (2) of this rule, shall consist of adequate topography, density and mixture of native, evergreen and deciduous vegetation, or a combination thereof to totally obscure (100 percent) the subject improvement.

(g) New roads may be permitted only when totally screened from view from the river by topography and/or vegetation. If inadequate topographic or vegetative screening exists to totally screen the proposed road, the road may be permitted if acceptable topography can be created or road design techniques used to totally screen the road at the time of construction or native vegetation can be established to provide total screening of the proposed road within a reasonable time (4-5 years).

(h) Where existing roads are visible from the river, extensions, realignments, upgrades, or other improvements, shall only be permitted when substantially screened from view from the river. If inadequate topography or vegetation exists to provide substantial screening, the road improvement may be permitted if acceptable topography can be created or road design techniques used to substantially screen the road at the time of construction or native vegetation can be established to provide substantial screening of the subject improvement within a reasonable time (4-5 years). When an existing road is improved or regraded, no side cast into or visible from the river shall be allowed. Excess material shall be hauled to locations out of view from the river.

(i) Visible tree harvest or other vegetation management may be allowed provided that:

(A) The operation complies with the relevant Forest Practices Act rules;

(B) Harvest and management methods with low visual impact are used;

(C) The harvest or vegetation management does not degrade the riparian buffer of any waterway; and

(j) Improvements needed for public recreation use or resource protection may be visible from the river, but shall be primitive in character and designed to blend with the natural character of the landscape.

(k) Proposed utility facilities shall share existing utility corridors, minimize any ground and vegetation disturbance, and employ non-visible alternatives when reasonably possible.

(l) Whenever the standards of OAR 736-040-0035 and section (2), subsections (a) through (k) of this rule are more restrictive than the applicable County Land Use Development Ordinances, the above Oregon Administrative Rules shall apply.

(3) Recreational River Area:

(a) That segment of scenic waterway beginning at the confluence of Parrish Creek, at about river mile 168.7, about one mile west of Spray and extending downstream approximately 11.3 miles to the confluence of Service Creek, at about river mile 157.4, is classified as a Recreational River Area.

(b) The department shall administer this Recreational River Area consistent with the standards set by OAR 736-040-0035 and 736-040-0040(1)(c)(B). In addition to these standards, all new development in resource zones (i.e. farm and forest related dwellings) shall comply with Wheeler County land use regulations.

(c) New structures and associated improvements shall be moderately screened from view from the river by topography, vegetation, or a combination thereof, except as provided by OAR 736-040-0030(5) and except those minimal facilities needed for public outdoor recreation or resource protection. If inadequate topographic or vegetative screening exists on a site, the structure or improvement may be permitted if native vegetation can be established to provide moderate screening of the proposed structure or improvement within a reasonable time (4-5 years). The condition of "moderate screening," as used in section (3) of this rule, shall consist of adequate topography; density and mixture of native, evergreen and deciduous vegetation; or a combination thereof to moderately obscure (at least 50 percent) the viewed improvement or structure.

(d) Commercial public service facilities, including resorts and motels, lodges and trailer parks which are visible from the river, shall not be permitted.

(e) New mining operations, except recreational placer mining and recreational prospecting, as those terms are defined and used in ORS 390.835, and similar improvements, shall be permitted only when they are totally screened from view from the river by topography, vegetation, or a combination thereof. If inadequate topographic or vegetative screening exists on a site, mining and similar forms of development may be permitted if native vegetation can be established to provide total screening of the affected area within a reasonable time (4-5 years). The condition of "total screening," as used in section (3) of this rule, shall consist of adequate topography; density and mixture of native, evergreen and deciduous vegetation; or a combination thereof to totally obscure (100 percent) the altered improvement site.

(f) New roads constructed for agricultural use, mining or residential use shall be moderately screened with vegetation, topography, or a combination thereof. If existing topographic or vegetative screening is inadequate, the road may be permitted if acceptable topography can be created or road design techniques used to moderately screen the road at the time of construction or native vegetation can be established to provide moderate screening of the road within a reasonable time (4-5 years).

(g) Where existing roads are visible from the river, extensions, realignments, upgrades, or other improvements, shall only be permitted when partially screened from view from the river. If inadequate topography or vegetation exists to provide partial screening, the road improvement may be permitted if acceptable topography can be created or road design techniques used to partially screen the road at the time of construction or native vegetation can be established to provide partial screening of the subject improvement within a reasonable time (4-5 years). The condition of "partial screening," as used in section (3) of this rule shall consist of adequate topography; density and mixture of native, evergreen and deciduous vegetation; or a combination thereof to partially obscure (at least 30 percent) views of the road improvement. When an existing road is improved or regraded, no side cast into or visible from the river shall be permitted. Excess material shall be hauled to locations out of view from the river.

(h) Visible tree harvest or other vegetation management may be allowed provided that:

(A) The operation complies with the relevant Forest Practices Act rules;

(B) Harvest and management methods with low visual impact are used;

(C) The harvest or vegetation management does not degrade the riparian buffer of any waterway; and

(D) The harvest or vegetative management is designed to enhance the scenic view within a reasonable time (5-10 years). For the purposes of this paragraph, "enhance" means to benefit forest ecosystem function and vegetative health by optimizing forest stand densities and vegetative composition, fostering forest landscape diversity and promoting sustainable forest values.

(j) Proposed utility facilities shall share existing utility corridors, minimize any ground and vegetation disturbance, and employ non-visible alternatives when reasonably possible.

(k) Whenever the standards of OAR 736-040-0035 and section (3), subsections (c) through (j) of this rule are more restrictive than Wheeler County Land Use and Development Ordinances, the above Oregon Administrative Rules shall apply.

(4) Public Use of the John Day River Scenic Waterway

(a) Policy: The Commission finds that in order to protect and enhance the John Day River Scenic Waterway's unique aesthetic, scenic, fish and wildlife, scientific and recreational features, and because these outstanding and unique features caused this river segment of river to be designated by the people of Oregon as a scenic waterway, it is necessary to adopt rules for public recreation use of the lands and waters within this scenic waterway area. These rules have as their basis the need to protect and preserve the waterway's outstanding scenic beauty and natural features while maintaining the river's wide range of recreational opportunities. Therefore, in accordance with the management requirements of ORS 390.845, persons using the John Day River Scenic Waterway for recreation purposes shall comply with these rules. These rules are in addition to other rules of the Commission adopted for the management of all scenic waterways. Where more restrictive or specific than the general rules, these rules will prevail over the general rules 'except in the instance of private property owners where only OAR 736-040-0035 (Rules for Land Management) or this rule shall apply.

(b) Nothing in these rules gives to any person any right to trespass on the private property of others or in any way alters the rights of private property owners in regards to trespass.

(c) Definitions: For purposes of this rule, the following definitions shall apply:

(A) "Approved portable toilet system" means a non-biodegradable, rigid, durable container designed to receive and hold human waste in any container position without leaking, or human waste bags.

(B) "Boat" means every description of watercraft, including a seaplane on the water and not in flight, used or capable of being used as a means of transportation on the water, but does not include boathouses, floating homes, air mattresses, beach and water toys or single inner tubes.

(C) "Camping" means erecting a tent or creating a shelter of natural or synthetic material, preparing a sleeping bag or other bedding material for use, or parking a motor vehicle, motor home or trailer, or mooring a boat, or other action for the apparent purpose of overnight occupancy.

(D) "Developed Recreation Area/Developed Recreation Site" means an area or site that contains structures or capital improvements primarily used by the public for recreational purposes. These may include such features as: delineated spaces for parking, camping or boat launching; sanitary facilities; grills or fire rings; tables; or controlled access.

(E) "Developed Toilet Facility" means a vault type toilet provided by the Bureau of Land Management or the State of Oregon.

(F) "Display Intent To Remain Overnight" means any off-loading onto the riverbank, or preparing for use, common overnight camping equipment such as tents, sleeping bags or bedding, food, cooking or dining equipment, or lighting equipment, or to prepare common camping equipment for use in or on any boat.

(G) "Firearm" means a weapon, by whatever name known, which is designed to expel a projectile by the action of powder and is readily capable of use as a weapon.

(H) "Group" means any number of persons affiliated together with a common goal to recreate with each other in activities such as rafting, eating, camping, or swimming.

(I) "Group Size Limit" means the maximum number of persons a boating group may have with while together within the John Day River Scenic Waterway, regardless of the number of persons covered by each boater registration form or required permit possessed by members of the group.

(J) "Human Waste Bag" means a commercially available sanitary bag designed to securely contain human waste and odor. The bag contains enzymes to break down waste into a deodorized gel and is approved by the Department of Environmental Quality for deposit into a landfill.

(K) "John Day River Scenic Waterway" means that portion of the John Day River designated in ORS 390.826(7) as a State Scenic Waterway. The portion of the John Day River Scenic Waterway that is affected by this rule (OAR 736-040-0065) covers the section from Parrish Creek downstream to Tumwater Falls. The Scenic Waterway also includes all water and lands within 1.4 mile of the bank on either side of the river.

(L) "Personal Watercraft" means a motorboat, less than 16 feet, propelled by machinery which:

(i) Uses an outboard motor or an inboard motor powering a water jet pump as its primary source of power; and

(ii) Is designed to be operated by a person sitting, standing or kneeling on, rather than in the conventional manner of sitting or standing inside the vessel.

(M) "Refuse" means, but is not limited to, wastewater, sewage, litter, trash, garbage, scraps, remnants of water balloons or clay pigeons, charcoal, ash, cigarette butts, or burned debris.

(N) "Vehicle" means a motor-propelled means of transportation across land usually wheeled meant to carry one or more human being(s) regardless of design, including Off-Road Vehicles.

(d) Permits:

(A) Every boater or boating group shall obtain a John Day River boater permit prior to launching. The permit shall be carried by the boater, or group leader, and shall be readily available for inspection upon request by authorized agency and law enforcement personnel. Information requested on the permit shall be completely and accurately filled out and the form or permit shall be signed by the permit holder in order to be valid. Permit holders shall abide by the requirements of the permit and the permit stipulations.

(B) Every person landing, operating or riding in a boat or engaging in any camping, fishing or other activity in connection with being transported by a boat on any portion of the John Day River Scenic Waterway where a Bureau of Land Management permit is required, shall display his/her individual or group registration permit upon the demand of any law enforcement officer, Bureau of Land Management or department employee who is authorized to enforce these rules.

(e) Campfires, Fuel, Firepans and Smoking:

(A) Building, igniting, maintaining, using, tending a fire, or being within 20 feet of an illegal campfire, charcoal fire, portable propane campfire device or any other type of open flame is prohibited June 1 through September 30. The Oregon Department of Forestry may extend periods of fire closure if conditions warrant. When not prohibited, fire shall be contained in a firepan or similar device of metal. A firepan is a metal container with sides at least two inches high to prevent ashes or burning material from spilling onto the ground.

(B) Commercially manufactured metal camp stoves and lanterns. Are permissible for outdoor use only when fueled with bottled liquefied petroleum gas (e.g. propane) or liquid gas. Such stove or lanterns shall be operated in a responsible manner at all times.

(C) A person may not chop, saw, break, cut, burn or gather wood or other combustible material from any live or standing tree.

(D) All fires shall be completely extinguished after use. The extinguished remains, including all ash, wood or charcoal residue, partially consumed briquettes, and burned refuse shall be taken out of the scenic waterway for disposal or deposited in a proper garbage receptacle provided at recreation sites or litter collection stations.

(E) Smoking shall be limited to non-public buildings, closed vehicles, while in boats on the water or while standing in the water.

(f) Camping:

(A) A person may not leave camping equipment or personal property overnight at or in an unoccupied, public campsite as a means to claim, hold, reserve or secure the site for subsequent occupancy by the same person, or their friends, clients, business associates, or clients of business associates. For the purposes of this paragraph, unoccupied means the absence of human presence during the period one hour after legal sunset to one hour before legal sunrise.

(B) A person may not pay for a public campsite, which is not to be occupied by that same person, as a means to claim, hold, reserve or secure the site for subsequent occupancy by their friends, clients, business associates, or clients of business associates. For the purposes of this paragraph, unoccupied means the absence of human presence during the period one hour after legal sunset to one hour before legal sunrise.

(C) Groups occupying any campsite may not exceed the maximum number of persons or vehicles allowed for that campsite.

(D) Every person or group occupying a campsite shall display his/her individual or group camping permit upon the demand of any law enforcement officer, Bureau of Land Management or Oregon Parks and Recreation Department employee who is authorized to enforce these rules.

(E) Occupants shall not dig or otherwise level the ground within public campsites.

(F) No person shall possess or leave refuse, debris, or litter in an exposed, unsightly, or unsanitary condition.

(g) Firearms: The discharge of firearms is prohibited within the John Day River Scenic Waterway except with a valid Oregon hunting license and tag during authorized hunting seasons. The discharge of firearms is prohibited within the John Day River Scenic Waterway at any time within a developed recreation area.

(h) Litter and Personal Sanitation:

(A) All persons shall place refuse in proper receptacles provided for that purpose at maintained recreation sites or litter collection stations. No such refuse or similar materials shall be buried, abandoned, or burned. When no approved receptacle or container is available, the material shall be taken out of the scenic waterway for proper disposal.

(B) All persons shall use the developed toilet facilities provided at public recreation sites. An approved portable toilet shall be carried and used by boating individuals and groups within the John Day River Scenic Waterway.

(C) All persons shall use either an approved portable toilet, which includes the use of human waste bags, or developed toilet facility to contain all human solid waste.

(D) All persons who remain, intend to remain, or display intent to remain overnight in a boat in camp site shall set up an approved portable toilet, ready for use, as soon as practical upon landing at the camping site to be occupied.

(E) No person shall leave, deposit, or scatter human waste, toilet paper, or items used at toilet paper, on the ground within the John Day River Scenic Waterway.

(F) While within the John Day River Scenic Waterway, portable toilets shall only be dumped at facilities developed and identified especially for that purpose. Used human waste bags must be carried in a leak-proof container and disposed of in a trash receptacle according to manufacturer instructions.

(G) A person may not wash dishes or use soap in the river or any tributaries or less than fifty feet from any natural water source.

(H) Vehicle Restrictions:

(i) a person may not ride or allow another person to ride in or on top of a boat or boats within or on the back of any open bed motor vehicle, or on a boat or boats loaded on the top of any other motor vehicle. A person or persons may ride within a single boat that is property secured by ropes or straps within the bedrails of a pickup truck, or properly secured as above on the bed of a flatbed motor vehicle. A person may not ride on the exterior portion of any motor vehicle within the John Day River Scenic Waterway.

(ii) A person may not operate a vehicle with a load which is unsecured, unsafe, or otherwise presents a hazard to the public.

Or. Admin. Code § 736-040-0065

HC 1285, f. 6-27-72; PRD 10-2000, f. & cert. ef. 9-1-00; PRD 2-2014, f. & cert. ef. 7-1-14

Stat. Auth.: ORS 390.124 & 390.845(2)

Stats. Implemented: ORS 390.845(2) & 390.826(7)