Section 906.00 - Scenic Waterway Overlay District (SW)
[Adopted 12/29/93, Ord. 566]
The purpose of the Scenic Waterway Overlay District is to reflect the
designation of Oregon Scenic Waterways on the Official County Zoning Map.
Additionally, the Overlay describes the review process administered by
the State Parks and Recreation Department under the Scenic Waterways Act
906.02 Area of Application
The Scenic Waterway Overlay District applies only to river segments
included within the Oregon Scenic Waterways system. Under the provisions
of Oregon Revised Statutes, a scenic waterway includes the river and its
shoreline and all land and tributaries within one-quarter mile of its banks.
The boundaries of the Scenic River Overlay to the Yamhill County Zoning
Map are defined to correlate with the boundaries established by the State
Parks and Recreation Department.
906.03 Prohibited Uses
To protect the free-flowing character of designated rivers for fish,
wildlife and recreation, the Scenic Waterways Act specifically prohibits
placer mining and construction of dams, reservoirs, or impoundments within
scenic waterways. This statutory prohibition takes precedence over the
permitted and conditional uses listed in the underlying zone.
906.04 Allowed Uses
Uses that are not specifically prohibited under the Scenic Waterways
Act are allowed as provided in the underlying zone, subject to a notification
and review procedure administered by the State Parks and Recreation Department.
906.05 Review Procedure
- Property owners wishing to build roads or houses, develop mines,
cut timber or make other proposed changes within one-quarter mile of each
side of a designated scenic waterway must notify the State Parks and Recreation
Department in advance. Within one year of notification, State Parks and
Recreation must decide if a proposed change will affect the scenic beauty
of the river. The Scenic Waterways Act allows the Parks and Recreation
Commission to purchase land or timber if impairment of a river's scenic
qualities cannot be prevented by any other means.
- Yamhill County will not accept a land use application for a use within
the Scenic Waterway Overlay District until the State Parks Department notification
and review process is completed.
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