Or. Admin. Code § 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.
Notes
Stat. Auth.: ORS 390.805 - 390.925
Stats. Implemented: ORS 390.845
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