ORS 390.805: Definitions for ORS 390.805 to 390.925.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
As used in ORS 390.805 to 390.925, unless the context requires otherwise: (1) “Related adjacent land” means all land within one-fourth of one mile of the bank on the side of Waldo Lake, or a river or segment of river within a scenic waterway, except land that, in the State Parks and Recreation Department’s judgment, does not affect the view from the waters within a scenic waterway. (2) “Scenic easement” means the 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; but such control does not affect, without the owner’s consent, any regular use exercised prior to the acquisition of the easement, and the landowner retains the right to uses of the land not specifically restricted by the easement. (3) “Scenic waterway” means Waldo Lake, or a river or segment of river that has been designated as such in accordance with ORS 390.805 to 390.925 or any subsequent Act, and includes related adjacent land. [1971 c.1 §2; 1981 c.787 §55; 1983 c.334 §1; 1983 c.642 §10; 1989 c.904 §25; 1995 c.79 §203; 2001 c.104 §132]
Administrative rules citing this section
- OAR 736-040-0015: Definition of Terms — authority
- OAR 736-040-0020: Responsibility and Authority of the Oregon Parks and Recreation Commission — authority
- OAR 736-040-0047: Grande Ronde River Scenic Waterway — implements
- OAR 736-040-0048: Wallowa River Scenic Waterway — implements
- OAR 736-040-0080: Notification Procedures — authority
- OAR 736-040-0100: Chetco River Scenic Waterway — implements
- OAR 736-040-0110: Molalla River Scenic Waterway — implements
This rule cites
- ORS 390.805 — resolved
- 390.925 — resolved
Cited by
- ORS 183.700: Permits subject to ORS 183.702.
- ORS 271.735: Hearing; notice.
- ORS 390.815: Policy; establishment of system.
- ORS 390.835: Highest and best use of waters within scenic waterways; prohibitions; authority of various agencies; water rights; conditions; recreational prospecting; placer mining.
- ORS 390.845: Administration of scenic waterways and related adjacent lands; limitations on use; condemnation; rules.
- ORS 390.848: Passes for use of parts of Deschutes River; rules; fee; exemption from fee; disposition of moneys.
- ORS 390.855: Designation of additional scenic waterways.
- ORS 390.875: Transfer of public lands in scenic waterways to department; administration of nontransferred lands.
- ORS 390.895: Use of federal funds.
- ORS 390.905: Effect of ORS 390.805 to 390.925 on other state agencies.
- ORS 390.910: Intergovernmental cooperation; county representative on management advisory committee.
- ORS 390.925: Enforcement.
- ORS 390.938: Guidelines for management and development.
- ORS 390.940: Relationship to other laws.
- ORS 477.503: Reduction of wildfire risk.
- ORS 527.710: Duties and powers of board; rules; inventory for resource protection; consultation with other agencies required.
- ORS 537.142: Water right permit or certificate not required for egg incubation project under salmon and trout enhancement program.
- ORS 537.746: Mitigation credits for projects in Deschutes River Basin; relationship to water made available; rules; annual report.
- ORS 830.175: Regulations for specific areas; rules.
- OAR 141-085-0510: Definitions
- OAR 141-087-0020: Division Notice to Applicants
- OAR 141-100-0005: Definitions
- OAR 141-100-0052: Agency Considerations and Determinations
- OAR 340-041-0350: The Three Basin Rule: Clackamas, McKenzie (above RM 15) & the North Santiam
- OAR 345-001-0010: Definitions
- OAR 632-037-0055: Existing Environment — Baseline Data
- OAR 660-023-0130: Oregon Scenic Waterways
- OAR 660-024-0065: Establishment of Study Area to Evaluate Land for Inclusion in the UGB
- OAR 660-038-0160: Establishment of Study Area to Evaluate Land for Inclusion in the UGB
- OAR 690-310-0260: Water Rights Within or Above State Scenic Waterways
- OAR 736-040-0015: Definition of Terms
- OAR 736-040-0048: Wallowa River Scenic Waterway
- OAR 736-040-0070: Deschutes River Scenic Waterway
- OAR 736-040-0071: Deschutes River Scenic Waterway Boater Pass System Rules
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors390.html