Or. Admin. Code § 635-430-0360

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

Section 635-430-0360 - Application Process

(1) A landowner seeking enrollment in the Riparian Land Tax Incentive Program must apply to the applicable county assessor and the Department.

(2) An applicant must apply to the county assessor no later than December 31 to receive a reduced assessment during the following tax year (beginning July 1). Applicants can obtain county application forms from the county assessor.

(3) An applicant must submit a riparian management plan to the Department and sign a Riparian Land Tax Incentive Program agreement. Applicants can obtain these forms from the Department.

(4) The riparian management plan must, at a minimum, include the following information:

(a) Name, mailing address and telephone number of landowner(s);

(b) Legal description of the subject property: township, range, section and tax lot number(s);

(c) County in which the subject property is located;

(d) Name of the stream associated with the riparian land;

(e) Total streambank miles proposed for enrollment in the program;

(f) Acreage of land proposed for designation as riparian land;

(g) A description of the existing vegetation condition on the riparian lands;

(h) An explanation of the habitat objectives to be achieved on the riparian land by implementing the riparian management plan and agreement consistent with the riparian goals identified in OAR 635-430-0350;

(i) The linear length (feet) of unstable streambank (if any);

(j) Soil types;

(k) Existing use of, or activities on, the riparian land;

(l) Proposed use of, or activities on, the riparian land;

(m) Existing land use activities on the portion of the property immediately adjacent to the riparian lands;

(n) Proposed changes in land use activities (if any) on the portion of the property immediately adjacent to the riparian lands; and

(o) Specific conservation management practices the landowner will implement to meet program objectives and a timeline for implementing these management practices.

(5) The riparian management plan must also contain a map of the subject property with a scale of four-inch per mile or eight-inch per mile (unless otherwise authorized by the Department), that includes the following information:

(a) Legal description of the subject property: township, range, section and tax lot number(s);

(b) Boundaries of the riparian lands proposed for inclusion in the program;

(c) Stream name and location; and

(d) Property boundaries.

(6) The Riparian Land Tax Incentive Program agreement must, at a minimum, contain:

(a) Name, mailing address, and telephone number of the landowner(s);

(b) Legal description of the subject property: township, range, section and tax lot number(s);

(c) Name of the county in which the subject property is located;

(d) Name of the stream associated with the riparian land;

(e) Boundaries of the riparian lands proposed for inclusion in the program;

(f) Authorization for the Department to inspect the property for continued compliance with the riparian management plan pursuant to OAR 635-430-0420, or if so requested by the county assessor, pursuant to ORS 308A.374, and following reasonable efforts to give the landowner prior notification;

(g) Landowner's commitment to follow the riparian management plan associated with the property unless a request for withdrawal is submitted to the county assessor; and

(h) Signatures of landowner(s), Department representative and any other participating party.

(7) Applicants are encouraged to seek technical assistance with developing the riparian management plan and implementing management practices from the local offices of the Oregon Department of Fish and Wildlife or the Soil and Water Conservation District.

(8) To amend an existing riparian management plan and/or agreement, the applicant must submit a new plan or agreement to the Department for review and approval pursuant to these rules.

Or. Admin. Code § 635-430-0360

FWC 40-1982, f. & ef. 6-29-82; DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0335; DFW 115-2004, f. & cert. ef. 11-26-04

Stat. Auth.: ORS 308A.383, 496.138 & 506.119

Stats. Implemented: ORS 308A.350 - 308A.383