635-430-0420 Monitoring and Compliance of Riparian Management Plans and Agreements (1) Department staff will periodically inspect the riparian land enrolled in the program to determine conformance with the riparian management plan and agreement. Department staff will provide a landowner with written notification at least 10 days before an inspection. The Department will ask the landowner to participate in the inspections, if possible. (a) Department staff will conduct the first inspection within one year after the property was enrolled in the program. (b) Department staff will conduct all subsequent inspections at approximately five-year intervals. (2) If Department staff determine the riparian land is not in conformance with the riparian management plan or agreement, the Department will send written notification to the landowner. The notification will describe the reasons the property is not in conformance with the riparian management plan and agreement. The notification will also describe in detail the proposed changes necessary to achieve conformance with the plan and agreement, and an appropriate deadline for implementation of these remedial measures. This deadline will be 90 days from the date of the notification, unless the Department determines a longer timeframe is necessary to achieve the required remedial measures. (3) After receiving a Department notification describing needed remedial measures, the landowner may request a meeting with Department staff to discuss these measures. During the meeting the landowner may propose other remediation to bring the riparian lands into conformance with the riparian management plan and agreement. Whenever possible, the Department and the landowner should jointly develop remedial measures and an implementation deadline. (4) After the deadline described in sections (2) or (3) of this rule, and following written notification at least 15 days before the inspection, Department staff will reinspect the property for conformance with the necessary remedial measures. (a) If the landowner has not implemented the necessary remedial measures, the Department will notify the assessor that the property is not in conformance with the riparian management plan and agreement. (b) If the landowner has implemented the necessary remedial measures, the Department may continue such inspections of the property to ensure the property is progressing toward full compliance with the riparian management plan and agreement until the property reaches that goal. (5) If a property owner does not allow Department staff to inspect riparian land designated under the Riparian Lands Tax Incentive Program as specified in a riparian management plan and agreement, the Department will notify the assessor that the landowner is not in compliance with their riparian management plan and agreement. (6) A landowner may withdraw from the program by submitting a request for withdrawal to the county assessor in compliance with ORS 308A.365. The county assessor may assess back taxes in such cases. (7) Only the county assessor may withdraw the land from designation as riparian and apply payments and penalties as provided in ORS 308A.368. Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119 Statutes/Other Implemented: ORS 308A.350 - 308A.383 History: DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00