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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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DEPARTMENT OF TRANSPORTATION,
HIGHWAY DIVISION

 

DIVISION 32

OREGON SCENIC BYWAYS PROGRAM

 

734-032-0000

Purpose of and Need for the Scenic Byway Program

Administrative rules OAR 734-032-0000 through OAR 734-032-0070 establish the Scenic Byway Program as authorized by ORS 184.617 and 184.619. The program consists of a multistep process starting with an idea (citizen, special interest group, local, state or federal agency) to designate transportation corridor as an Oregon Scenic Byway and progressively move that idea through a series of reviews culminating, if warranted, in a designation of an Oregon Scenic Byway by the Oregon Transportation Commission and the Oregon Tourism Commission. The program is intended to recognize scenic byways across jurisdictional boundaries, to orient and focus on the tourist or motorist and to show off the best in the way of scenic byways. The stimulus for this program has come from the Intermodal Surface Transportation Efficiency Act of 1991.

Stat. Auth.: ORS 184.617 & ORS 184.619

Stats. Implemented: Intermodal Surface Transportation Efficiency Act of 1991
Hist.: HWY 6-1994, f. & ef. 12-29-94

 

734-032-0010

Goals and Objectives of the Scenic Byway Program

(1) The goals of the Scenic Byway Program are to:

(a) Create a comprehensive statewide multi-agency program to identify and manage Oregon's most outstanding scenic transportation corridors;

(b) Preserve and/or enhance Oregon's most outstanding scenic transportation corridors; and

(c) Provide meaningful tourism opportunities for the traveling public.

(2) The following objectives are intended to accomplish these goals:

(a) Develop a process and criteria for evaluating and designating scenic transportation corridors;

(b) Develop guidelines for producing management strategies to preserve and/or enhance designated scenic transportation corridors; and

(c) Develop a guide and/or may of scenic transportation corridors for public information.

Stat. Auth.: ORS 184.617 & ORS 184.619
Stats. Implemented: Intermodal Surface Transportation Efficiency Act of 1991
Hist.: HWY 6-1994, f. & ef. 12-29-94

734-032-0020

Terminology

The following terminology shall be used when applying the criteria in this division:

(1) Agriculture/Forestry - Crops, wineries, vineyards, ranches, fisheries, old-growth and reforested lands.

(2) Color - Overall color(s) of the basic components of the landscape (e.g., soil, rock, vegetation, etc.) as they appear during the seasons or periods of high use. Key factors are variety, contrast and harmony.

(3) Driveability - Driving safety, ease and pleasure as related to road standards (e.g., lane and shoulder width, traffic character, etc.)

(4) Landform - Topography becomes more interesting as it gets steeper or more massive, or more severely sculptured. Outstanding landforms may be monumental or exceedingly artistic and subtle.

(5) Modifications - Modifications in the landform, water, vegetation or addition of structures that detract from or complement the scenic quality.

(6) Natural - This includes natural features such as geologic formations, wildlife sites, waterfalls, lake basins, old-growth stands, mountain meadows, etc.

(7) Paved - Hard surfaces such as concrete or bituminous.

(8) Uniqueness/Scarcity - The relative scarcity or abundance of a particular unique scenic resource or combination of features within the geographic region.

(9) Vegetation - Forest, prairies, orchards, active farm cropland and tree farms. Consider variety of patterns, form and textures created by plant life. Consider smaller scale vegetational features which add striking and intriguing detail elements to the landscape.

(10) Water - Ocean, rivers, lakes, waterfalls,rapids, marshes, canals and harbors. That ingredient which adds movement or serenity to a scene. The degree to which water dominates the scene.

Stat. Auth.: ORS 184.617 & ORS 184.619
Stats. Implemented: Intermodal Surface Transportation Efficiency Act of 1991
Hist.: HWY 6-1994, f. & ef. 12-29-94

734-032-0030

Categories of Routes

There are two categories of routes in the Scenic Byways system. Scenic Byways include the most scenic routes with road standards that would accommodate most travelers. These routes encompass scenic, historic, recreational and cultural values of not only the roadway right-of-way, but also the adjacent visual resources. Tour Routes include all the other purely scenic routes with limited driveability as well as routes with special features. Further definition of these routes are:

(1) Scenic Byways encompass national or statewide known scenic values of the roadway and adjacent visual resources. In general, scenic routes are paved, passable by passenger car and meet certain road and safety standards. This classification contains examples of truly spectacular routes with national or statewide recognition and the best scenic drives in Oregon. The Scenic Byways shall include the many varieties of the Oregon landscape and shall be distributed throughout the state. The number of routes shall be limited so the state is not saturated with scenic drives. The pattern of routes shall not be confusing to the public. Crisscrossing or overlap of designated routes shall be avoided.

(2) Tour Routes encompass regionally or locally known scenic, cultural or historic values which also have features or points of interest that tend to draw people out of their cars. These could include wine tours, covered bridge tours or resource management tours. Tour routes may also be more primitive routes requiring high-clearance vehicles, with scenery ranging from national to local. Tour Routes may be paved, but some are not, and a few require four-wheel drive vehicles, while others are driveable by normal passenger car. The routes shall be safe for the prescribed season and required type of vehicle.

Stat. Auth.: ORS 184.617 & ORS 184.619
Stats. Implemented: Intermodal Surface Transportation Efficiency Act of 1991
Hist.: HWY 6-1994, f. & ef. 12-29-94

734-032-0040

Oregon Scenic Byway Designation Process - Initial Screening of Scenic Byway Proposal

(1) To be considered as a scenic byway the proponent must submit the following:

(a) Written narrative statement of the route identifying items of significance or interest in relation to the established criteria;

(b) Documentation of conceptual support by jurisdictional agencies in the corridor;

(c) Map of route, showing beginning and ending points, length and width of corridor; and

(d) Definition of the location of points of interest or significance.

(2) The Oregon Scenic Byway Committee shall review the proposal against the criteria and determine whether it shall proceed through the designation process. The committee shall also review the proposed route against currently designated routes and other pending proposals to assure that the pattern of designated routes shall not be confusing and are not becoming saturated. If the committee recommends not to proceed it shall provide comments to the applicant on weaknesses of the proposal and possible improvements where applicable.

Stat. Auth.: ORS 184.617 & ORS 184.619
Stats. Implemented: Intermodal Surface Transportation Efficiency Act of 1991
Hist.: HWY 6-1994, f. & ef. 12-29-94

 

734-032-0050

Oregon Scenic Byway Designation Process - Formal Proposal

(1) If the proposal is recommended to proceed, the proponent must make a formal presentation to the committee presenting the following information in addition to providing additional detail of the requirements in OAR 734-032-0040(1):

(a) Detail the management strategy which shall be employed for the route. This should include the following:

(A) How the Scenic or Tour Route Criteria values shall be protected;

(B) How the Scenic or Tour Route Criteria values shall be interpreted for the public;

(C) How the road and parking shall be maintained to enhance value and for public safety; and

(D) How values shall be enhanced.

(b) Discussion of the funding commitment including a letter stating the amount committed and when available;

(c) A statement demonstrating that designation of the route shall be consistent with applicable land use plans including a letter from the local governments having jurisdiction over the route;

(d) A letter from the road agencies having jurisdiction over the route showing that the proposed designation has been coordinated with these agencies;

(e) Demonstrate how new or relocated billboards shall be prohibited in the scenic byway corridor; and

(f) A marketing plan which is coordinated with local/regional convention and visitors bureau and/or chambers of commerce.

(2) Based on the information presented the committee may determine that the route does not qualify as a Scenic Byway or Tour Route category.

(3) The committee shall review driveability of a route to determine if it is satisfactory for the Scenic Byway Category. If the route does not meet the driveability requirement it may be considered in the Tour Route category.

(4) Representatives of the Oregon Scenic Byway Committee shall conduct a field review of the proposed route and rate the route against the Scenic and Tour Route Criteria. These criteria are in Tables 1 and 2, Scenic Byway Criteria and Tour Route Criteria, respectively.

(5) In order to be recommended for designation as a Scenic Byway, the route must achieve a threshold score in the evaluation against the Scenic Byway Criteria.

(6) In order to be recommended for designation as a Tour Route, the route must receive a minimum score in the evaluation against the Scenic Byway Criteria. The route must also receive enough additional points in the evaluation against the Tour Route Criteria to reach the threshold score.

(7) Prior to accepting applications for scenic byways or tour routes, the Scenic Byway Committee shall assign points to the Scenic Byway and Tour Route Criteria in Tables 1 and 2, and shall establish threshold scores and minimum scores for Scenic Byways and Tour Route designation. This information shall be made available to all proponents.

(8) If the full committee agrees to recommend a route to be designated either as a Scenic Byway or Tour Route, the recommendations of the committee shall be forwarded to the Transportation Commission and the Oregon Tourism Commission for final action. Both the commission and council must adopt the recommendation for the route by at least a two-thirds majority for the route to receive the designation.

(9) If the proposed route is not recommended for designation by the committee, comments shall be provided to the proponent. This information shall state the reasons why this route was not designated and possible improvements along the route that would help it meet the required standards if the proponent opts to reapply. The route may be resubmitted for consideration of designation 90 days after comments are provided to the proponent.

[ED. NOTE: Tables referenced are available from the agency.]

Stat. Auth.: ORS 184.617 & ORS 184.619
Stats. Implemented: Intermodal Surface Transportation Efficiency Act of 1991
Hist.: HWY 6-1994, f. & ef. 12-29-94

 

734-032-0060

Monitoring Designated Oregon Scenic Byways and Tour Routes

The Oregon Scenic Byway Committee shall review field inventories against current conditions at least once every five years. The committee may recommend the removal of routes that no longer meet the criteria due to changed conditions at the completion of the five year review or at any time there is a significant change in the conditions of the route.

Stat. Auth.: ORS 184.617 & ORS 184.619
Stats. Implemented: Intermodal Surface Transportation Efficiency Act of 1991
Hist.: HWY 6-1994, f. & ef. 12-29-94

 

734-032-0070

Scenic Byway Committee

The Oregon Scenic Byway Committee shall consist of a representative from each of the entities listed below with the Oregon Department of Transportation representative chairing the committee:

(1) Oregon Department of Transportation;

(2) Oregon Economic and Community Development Department;

(3) Oregon Parks and Recreation Department;

(4) U.S. Forest Service;

(5) Bureau of Land Management;

(6) Association of Oregon Counties;

(7) Oregon Association of Convention and Visitors Bureaus; and

(8) League of Oregon Cities.

Stat. Auth.: ORS 184.617 & ORS 184.619
Stats. Implemented: Intermodal Surface Transportation Efficiency Act of 1991
Hist.: HWY 6-1994, f. & ef. 12-29-94

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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