Or. Admin. Code § 736-040-0030 - Improvements and Changes in Use of Related Adjacent Lands
(1) Except as provided in section (5) of this
rule, OAR 736-040-0035 and
736-040-0045 through
736-040-0075, no person shall
make any improvement or change in the existing use of related adjacent land
without first giving written notification to the Commission of the intent to
make an improvement or change in land use. The proposed improvement or change
in land use shall not be made or work started sooner than one year after such
notice unless the Commission has given its written approval of the proposal.
(See notification procedures in OAR
736-040-0080.)
(2) Upon receipt of such notice, the
Commission shall determine if the proposal would impair the natural beauty of
the scenic waterway substantially.
(3) If the proposed improvement or change of
land use would not impair the natural beauty substantially, the Commission
shall give written notice to the owner of the related adjacent land that he may
proceed immediately with the proposal as described in his notification to the
Commission.
(4) Should the
Commission determine that the proposal, if carried out, would impair the
natural beauty of the scenic waterway substantially, or otherwise violate the
provisions of the Act or these rules and regulations, it will so notify the
owner of the related adjacent land in writing. No steps shall be taken by the
applicant to carry out such proposal until at least one year after the original
notice to the Commission unless agreement with the Commission is sooner
reached. (See OAR 736-040-0080.)
(5) In connection with existing use of
related adjacent land, farmers, ranchers and residents may modify existing
structures or construct or place such subsidiary and lesser structures adjacent
thereto, except residences or guest houses, as are usual and necessary to their
existing use without prior notice to the Commission, provided that such
modification or construction will not violate OAR
736-040-0035(7)(a) and
(b) and will be in harmony with the natural
beauty of the scenic waterway.
(6)
Repair and maintenance of existing facilities and structures in a manner
compatible with these rules and regulations do not require notification to the
Commission.
Notes
Stat. Auth.:
Stats. Implemented: ORS 390.845
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