§ 49-29-140 — Applicable policies for managing scenic rivers.

Management of scenic river areas may differ in degree within a given class of rivers based on the special attributes of the river but must adhere to the following management policies: (1) Natural rivers must be managed in a manner which: (a) would best maintain and enhance those conditions which are attributed to wilderness type areas; (b) would allow camping and river access only at designated public access areas; and (c) would allow certain public uses only within prescribed public access areas. (2) Scenic rivers must be managed in a manner which best maintains and enhances the scenic values of the river and the adjacent land while at the same time preserving the right of riparian landowners to use the river for customary agricultural, silvicultural, or other similar purposes. (3) Recreational rivers must be managed in a manner which would best maintain and enhance the scenic values of the river while at the same time preserving the right of riparian landowners to use the river for customary agricultural, silvicultural, residential, recreational, commercial, and industrial purposes. To the extent practicable and consistent with the objectives of this chapter to preserve and maintain scenic rivers, public access and use must be open in all classes of scenic rivers. The level and nature of public use must not interfere with the rights retained by the titleholders or detract from the natural scenic qualities of the land, but the State may purchase lands or accept donations of easements, in accordance with Section 49-29-100, which restricts public access and use when necessary to implement this chapter.

Legislative History

HISTORY: 1989 Act No. 96, SECTION 1; 1993 Act No. 181, SECTION 1256.