Or. Admin. Code § 635-430-0040

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

Section 635-430-0040 - Process, Preparation, Submission and Review of a Wildlife Habitat Conservation and Management Program

(1) Landowners interested in enrolling their property in the Wildlife Habitat Conservation and Management Program shall coordinate with a cooperating agency to learn about Program expectations and criteria for enrollment.

(2) Cooperating agencies interested in providing technical assistance to landowners shall evaluate proposed properties using both the criteria for enrollment identified in OAR 635-430-0027 and the relevant Watershed District priorities and confirm that the Department has not limited new applications for the relevant Watershed District due to workload or other constraints.

(3) If a cooperating agency concludes that the proposed property meets all the criteria and Watershed District priorities for enrollment, the cooperating agency shall coordinate, present and discuss the proposed property with Department staff in the relevant Watershed District. This includes providing information that demonstrates how the property meets the criteria in OAR 635-430-0027. Department staff may require a site visit to assess the eligibility of the property for the Program.

(4) If the Department determines that the proposed property qualifies for the Program and meets all of the criteria in OAR 635-430-0027, the cooperating agency and landowner shall develop a draft wildlife habitat conservation and management plan. The draft Plan shall include the elements outlined in OAR 635-430-0050.

(5) The Department shall review the draft Plan prepared by the cooperating agency and landowner to ensure that it meets the Program criteria and Watershed District priorities for enrollment as outlined in OAR 635-430-0027, certify that the subject property lies within an area or zone designated in the wildlife habitat conservation and management program and ensure that it includes all Plan elements outlined in OAR 635-430-0050.

(6) If the draft Plan does not meet the standards and criteria outlined in this rule, Department staff will communicate with the cooperating agency and the landowner and provide an opportunity for Plan revisions or refinements as necessary.

(7) After completing the reviews described in 635-430-0040(5) and (6), the Department will, within 90 days of receipt of a complete Plan, make a decision to either approve, approve with modifications, or reject the plan, and will notify the landowner of its decision in writing. If the Plan is rejected, the Department will identify in writing the reasons for its decision. The landowner may accept the Department's proposed modifications, correct plan deficiencies identified by the Department and resubmit the Plan for review, or withdraw their draft Plan if proposed modifications are unacceptable.

(8) If the Department approves the Plan, a written declaration will be issued that the land is subject to the Program and implementation of the wildlife habitat conservation and management plan.

(9) The Department will send one copy of an approved Plan to the landowner, cooperating agency, and appropriate city or county assessment office including the:

(a) Declaration that the land is subject to the wildlife habitat conservation and management plan;

(b) Approved Plan;

(c) Notice to the landowner that an annual attestation is required to remain enrolled in the Program; and

(d) Written Statements from the landowner that:

(A) They are aware of the potential tax liability that arises under ORS 308A.703 upon disqualification from the Program;

(B) An affirmation that the wildlife habitat conservation and management plan is being implemented substantially as approved; and

(C) An affirmation that all representations in the Plan are true.

(10) The Department may choose to limit the number of Plans approved each year due to workload or other constraints.

(11) When a wildlife habitat conservation and management plan is approved by the Department, the owner of the land subject to the Plan must apply to the county assessor to receive wildlife habitat special assessment. Application shall be made to the county assessor on forms prepared by the Department of Revenue and supplied by the county assessor. (See ORS 308A.424-308A.430 for further tax assessment guidance.)

Or. Admin. Code § 635-430-0040

FWC 23-1994, f. & cert. ef. 4-29-94; DFW 11-1998, f. & cert. ef. 2-5-98; DFW 115-2004, f. & cert. ef. 11-26-04; DFW 68-2024, amend filed 08/14/2024, effective 8/14/2024

Statutory/Other Authority: ORS 496.012, 496.138, 496.146 & 496.162

Statutes/Other Implemented: ORS Ch. 308A