Or. Admin. Code § 635-430-0025

Current through Register Vol. 63, No. 12, December 1, 2024

Section 635-430-0025 - State Fish and Wildlife Commission Designation of Eligible Land

(1) At the request of the governing body of a county, the Director of the State Fish and Wildlife Department may designate any or all of the following land in unincorporated areas within the county as eligible for wildlife habitat special assessment:

(a) Any land that is zoned for exclusive farm use, mixed farm and forest use or forest use under a land use planning goal protecting agricultural land or forestland; or

(b) Land that is clearly identifiable as containing significant wildlife habitat.

(2) At the request of the governing body of a city, the Director may designate any or all of the following land within the incorporated city as eligible for wildlife habitat special assessment:

(a) Any land that is zoned for exclusive farm use, mixed farm and forest use or forest use under a land use planning goal protecting agricultural land or forestland; or

(b) Land that is clearly identifiable as containing significant wildlife habitat.

(3) With the prior consent of the governing body of a city, the county in which all or a part of the city is located may apply to the Director on behalf of the city for designation of any area that is within both the city and the county as eligible for wildlife habitat special assessment.

(4) The Director may designate land described in subsection (1) or (2) of this section as eligible for wildlife habitat special assessment only if the Director finds that designation will promote the objectives of the Program and the implementation requirements of these rules.

(5) Any county that did not forbid, by a resolution or other decision of the county governing body, the establishment of wildlife habitat conservation and management plans as of January 1, 2003, shall be deemed to have the land described in OAR 635-430-0025(1)(a) as eligible for wildlife habitat special assessment.

(6) The governing body of the city or county that requested designation under section OAR 635-430-0025 may request that the Director of the State Fish and Wildlife Department remove that designation.

(7) The Director shall remove the designation if:

(a) The city or county demonstrates that the designation creates an economic burden for the city or county; and

(b) The Director finds that the economic burden is significant.

(8) In making its determination under subsection (7) of this section, the Director shall give significant weight to the demonstration of economic burden made by the city or county.

(9) A determination by the Director of the State Fish and Wildlife Department to designate land as eligible for the wildlife special assessment or to remove that designation shall for property tax purposes be effective as of the tax year beginning the July 1 immediately following the determination.

Or. Admin. Code § 635-430-0025

DFW 115-2004, f. & cert. ef. 11-26-04; DFW 42-2006 f. & cert. ef. 6-14-06; DFW 68-2024, amend filed 08/14/2024, effective 8/14/2024

Statutory/Other Authority: ORS 496.012, 496.138, 496.146, 496.162 & 308A.400-308A.430

Statutes/Other Implemented: ORS 496.012 & 308A.400-308A.430