justicedao/ipfs_state_laws huggingface dataset:
635-430-0027 Property Enrollment Criteria (1) The Department will only enroll properties in the Wildlife Habitat Conservation and Management Program that the Department determines will create or maintain a conservation benefit. The Department will evaluate properties based on habitat type, parcel size, connectivity, native vegetation functionality, and commitment of cooperating agency and resources. (2) To be eligible, properties must be or have: (a) Large acreage. The Department will define minimum acreage requirements for each Watershed District and may periodically revise those requirements as needed. Requirements will be posted to the Department’s webpages; (b) A large proportion of property in a native habitat of conservation concern; (c) Intact habitat; (d) Connectivity or overlap with Department mapped priorities such as those identified by the Oregon Conservation Strategy or adjacent to other public or private lands managed for conservation objectives; (e) A cooperating agency, or other person meeting criteria in ORS 635-430-0010(1), willing to provide technical assistance, including development and review of the Plan, and possibly conducting field inspections; (3) Landowner must demonstrate, to the satisfaction of the cooperating agency and Department, that they have the ability and resources to accomplish the short and long-term goals of the Program on their property. (4) The Department shall prioritize enrolling properties that offer protection of intact native habitats over those that need active or ongoing restoration; (5) The Department may establish a limit on the number of Plans that can be approved in each calendar year for each Watershed District. Limits will be posted on the Department’s webpages. (6) The Department may establish annual deadlines for review of Plans. Deadlines will be posted on the Department’s webpages. (7) Based on Watershed District conservation needs, the Department may identify specific Watershed District priorities or exceptions for each of the above criteria. The department will post any specific priorities or exceptions on the department webpages. The Department may revise these Watershed District priorities and exceptions to these criteria periodically as needed. (8) Properties enrolled in the Wildlife Habitat Conservation and Management Program prior to the adoption of these rules will not be subject to the criteria described in subsections 2(a)-(e) of this section. 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 History: DFW 68-2024, adopt filed 08/14/2024, effective 08/14/2024
635-430-0030 Wildlife Conservation and Management Practices Conservation and management practices appropriate to ensure a conservation benefit may include, but are not limited to: (1) Protecting existing native vegetation; (2) Planting native trees, shrubs, grasses and other native vegetation; (3) Removing invasive, non-native vegetation that threatens native plant communities; (4) Controlling and/or removal of native vegetation to restore historic habitat structure; (5) Forest stand improvement, including forest thinning; (6) Control of invasive, non-native fish or wildlife that threaten native wildlife species; (7) Prescribed burning to maintain fire adapted native vegetation and ecological processes; (8) Fencing to protect wildlife habitat or plant communities; (9) Increasing aquatic habitat diversity by practices such as placing downed, woody material, preserving or creating standing dead trees, or other methods approved by the Department; (10) Placing boulders, logs and other appropriate materials in streams to enhance fish habitat; (11) Removing buildings, old fencing, pavements and other man-made features; (12) Grading altered land areas to restore original hydrology and natural topography; (13) Restoring, enhancing or creating wetlands; (14) Establishing vegetative buffers or structural setbacks adjacent to wildlife habitats; (15) Amending or allowing farming, prescribed grazing and forestry management practices that preserve, enhance or improve the structure or function of wildlife habitat; (16) Locating new dwellings or structural improvements to minimize conflict with existing or proposed habitat for native wildlife species; (17) Planting new riparian vegetation or protecting existing riparian vegetation through fencing or other means; (18) Leasing or selling in-stream water rights as an integral part of the wildlife habitat conservation and management practices; or (19) Other efforts that improve water quality, protect and restore native fish and wildlife habitats, recover threatened or endangered species, enhance stream flows or maintain or restore long-term ecological health, diversity, climate resilience, and productivity on a broad geographic scale. 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 History: DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024 DFW 115-2004, f. & cert. ef. 11-26-04 DFW 11-1998, f. & cert. ef. 2-5-98 FWC 23-1994, f. & cert. ef. 4-29-94
635-430-0060 Approval Standards for Wildlife Habitat Conservation and Management Plans If the local Watershed District is accepting new Plans, the Department will approve Plans that meet the following standards: (1) The property is located on land that has been designated for participation in the Program as defined in OAR 635-430-0025. (2) The Plan was developed by the landowner and a cooperating agency and contains all the elements required in OAR 635-430-0040 and 0050. (3) The Plan is consistent with the objectives OAR 635-430-0020 (1) and meets the criteria and Watershed District priorities for enrollment as defined in OAR 635-430-0027 [0020]. (4) The wildlife conservation and management practices are appropriate and adequate to carry out the objectives of the Plan. (5) The Plan emphasizes preservation, enhancement or improvement of intact habitat and native habitats of conservation concern appropriate to the site to provide a conservation benefit. (6) All new dwellings or structural improvements are located to minimize conflicts with existing wildlife habitats and negative impacts to native wildlife species. (7) The Plan is consistent with the Fish and Wildlife Habitat Mitigation Policy (OAR chapter 635, division 415), Climate and Ocean Change Policy (OAR chapter 635, division 900), and other applicable Department plans, policies, rules and statutes. (8) The Plan's proposed wildlife conservation and management practices are not intended to increase wildlife damage on adjacent lands. (9) Buffers needed to protect any new habitats created under the Plan will be located on the subject property. 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 History: DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024 DFW 115-2004, f. & cert. ef. 11-26-04 DFW 11-1998, f. & cert. ef. 2-5-98 FWC 23-1994, f. & cert. ef. 4-29-94
635-430-0070 Amendments to Approved Wildlife Habitat Conservation and Management Plans (1) Landowners may request amendments to approved wildlife habitat conservation and management plans by contacting the appropriate Watershed District office. (2) The landowner shall provide a copy of the approved plan and a description of the proposed amendments to the Department. (3) The Department will follow the procedures in OAR 635-430-0040 when reviewing amendments to approved plans. (4) Amendments shall meet the standards in OAR 635-430-0060. 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 History: DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024 DFW 115-2004, f. & cert. ef. 11-26-04 DFW 11-1998, f. & cert. ef. 2-5-98 FWC 23-1994, f. & cert. ef. 4-29-94
635-430-0095 Request for Reconsideration of Enrollment in the Wildlife Habitat Conservation Management Program (1) The Department is willing to reconsider enrolling landowners in the WHCMP if they have been unable to meet required timeframes or compliance issues outlined in OAR 635-430-0080 (2, 5 and 6) because of the following reasons: (a) Tragic personal circumstances including a) death or life-threatening injury or illness in the person’s immediate family or b) the person’s own serious injury or illness, which results in the person’s hospitalization, or (b) The landowner or cooperator demonstrated a good faith effort to resolve compliance issues and they were unsuccessful. (2) To apply for reconsideration of the WHCMP, the person must request in writing to the Department within 60 days after notice of the Department’s decision that the landowner was disqualified from the WHCMP. The written request must include a sworn affidavit providing adequate details to support the request and a sworn affidavit by a physician documenting the tragic personal circumstances and/or maps, photographs, and receipts illustrating the landowner or cooperator demonstrated a good faith effort to resolve the compliance issues. (3) The Director or designee shall make a determination within 60 days to either approve or deny the request by letter to the requesting party. If no action is taken within 60 days following the date that the petition was filed, the petition shall be deemed denied. (4) If the Director or their designee decides that the person does not qualify for reconsideration in the WHCMP, the landowner can request a contested case hearing under the provisions of ORS 183.310 to 183.550. 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 History: DFW 68-2024, adopt filed 08/14/2024, effective 08/14/2024
635-430-0100 Compatibility with Existing Laws or Ordinances (1) Department approval of a wildlife habitat conservation and management plan does not authorize violation of federal or state laws or local ordinances, nor does it supersede any requirements to obtain permits or authorizations required by federal or state laws or local ordinances. (2) New and existing dwellings may be allowed on a subject property as provided in ORS 215.799. The fact that a property is subject to wildlife habitat special assessment does not make it easier or more difficult for a landowner to obtain approval for a dwelling on the property. If ODFW determines that additional dwellings significantly degrade the quality of the habitat or prevents implementation of the Plan, the property may be disqualified from the Wildlife Habitat Conservation and Management Program following procedures in 635-430-0080. 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 History: DFW 68-2024, amend filed 08/14/2024, effective 08/14/2024 DFW 115-2004, f. & cert. ef. 11-26-04 DFW 11-1998, f. & cert. ef. 2-5-98 FWC 23-1994, f. & cert. ef. 4-29-94
635-430-0300 Purpose of Riparian Lands Tax Incentive Program In accordance with Oregon Revised Statutes 308A.350 to 308A.383, the intent of the Riparian Lands Tax Incentive Program is to provide landowners with tax incentives to protect, conserve or restore healthy riparian habitat on private lands adjacent to perennial and intermittent streams. 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, Renumbered from 635-009-0300 FWC 40-1982, f. & ef. 6-29-82
635-430-0330 Limitations on Designation of Riparian Lands Department designation of riparian lands for inclusion in the Riparian Tax Incentive Program is subject to the following limitations: (1)(a) For each tax year beginning before July 1, 2004, the Department may approve for designation as riparian land no more than 200 miles of private stream bank in any county. (b) In addition to the amount of land approved under section (1)(a) of this rule, each year the Department may approve for designation as riparian land any remaining allocation from the previous year. This remaining allocation equals the difference between 200 miles and the number of miles designated as riparian land during the previous year, plus the amount of land withdrawn from, or disqualified for, designation as riparian land during the previous year. (2) Department designation of urban lands described in OAR 635-430-0320(2)(c) as riparian lands is subject to the following additional limitations: (a) The Department may only approve applications for land described in OAR 635-430-0320(2)(c) for tax years beginning on or after July 1, 2002. (b) The Department may not approve more than 50 applications for land described in OAR 635-430-0320(2)(c) for any tax year. An application that is not approved because of the limitation imposed by this subsection shall be held for consideration for the next tax year. Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119 Statutes/Other Implemented: ORS 308A.350 - 308A.383 History: DFW 115-2004, f. & cert. ef. 11-26-04 DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0320 FWC 40-1982, f. & ef. 6-29-82
635-430-0340 Factors for Determining Width of Riparian Lands The Department may designate qualifying perennial and intermittent streams and associated riparian lands up to 100 feet landward (horizontal measurement) from the line of non-aquatic vegetation adjacent to the stream, or an area not exceeding 25 acres of riparian lands per mile of stream, as riparian lands. To determine the width of the land actually designated as riparian land, the Department will consider the following factors necessary to promote erosion control, long-term stream bank stability, water quality, fish and wildlife habitat protection, conservation or restoration, large wood recruitment and other functions deemed important to healthy aquatic habitat: (1) Stream size at various flows; (2) Existing riparian vegetation and vegetation restoration potential; (3) Stream bank slope; (4) Adjacent land uses; (5) Stream channel orientation; (6) Space necessary to establish and protect riparian fences or other structures needed to implement measures specified in an approved riparian management plan and agreement; (7) Potential for lateral channel migration or new channel formation and any constraints on such migration or formation; and (8) Location of stream-associated wetlands or off-channel features such as alcoves, oxbows, side channels or other areas important to fish and wildlife habitat. 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, Renumbered from 635-009-0325 FWC 40-1982, f. & ef. 6-29-82
635-430-0350 Healthy Riparian Habitat The goal of each riparian management plan and agreement is the protection, conservation or restoration of healthy riparian habitat. Department assessment of the current and potential health of riparian habitat will include, but is not limited to, consideration of the following general goals, as consistent with the ecological potential of an individual property: (1) Sufficient shade to moderate water and air temperatures; (2) Adequate native vegetative cover to reduce streambank erosion, provide organic matter input, enhance water quality, and provide for the delivery of large wood to the stream channel; (3) Sufficient in-channel large wood to promote complex stream habitat conditions, such as pools and riffles; and (4) Habitat for native fish and wildlife. Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119 Statutes/Other Implemented: ORS 308A.350 - 308A.383 History: DFW 115-2004, f. & cert. ef. 11-26-04 DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0330 FWC 40-1982, f. & ef. 6-29-82
635-430-0370 Plan Review and Approval of Riparian Management Plans and Agreements (1) The Department will approve riparian management plans and agreements submitted to the Department that meet all eligibility requirements and contain adequate provisions for the protection, conservation or restoration of riparian lands, as provided in OAR 635-430-0300 to 635-430-0430. Department approval of a riparian management plan and agreement qualifies the subject land for designation as riparian land. (2) If only a portion of the property meets the criteria described in OAR 635-430-0320 to 635-430-0340, the Department may approve only the qualifying portion of the property for designation as riparian land. In such event, the applicant may withdraw the entire application. (3) The riparian management plan and agreement are approved and the land is eligible for tax exempt status only after the plan and agreement are signed by the landowner(s), a Department representative, and any other participating party. (4) The Department must approve or disapprove an application by April 1 of the year following receipt of the application materials. Applications not denied by that date are deemed approved and the land considered to be qualified as riparian land. The Department will notify the county assessor and the applicant of its approval or disapproval of an application. (5) The Department will file an order of approval with the county assessor within ten days of Department approval of the completed plan and agreement. 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
635-430-0375 Riparian Conservation and Management Practices Conservation and management practices appropriate to achieve the objectives of OAR 635-430-0350 may include, but are not limited to: (1) Protecting existing native vegetation; (2) Planting native trees, shrubs, grasses and other native vegetation; (3) Removing invasive, non-native vegetation that threatens native plant communities; (4) Control of invasive, non-native fish or wildlife that threaten native wildlife species; (5) Burning as prescribed by the Department to maintain fire-dependent native vegetation; (6) Fencing to protect wildlife habitat or plant communities; (7) Increasing habitat diversity by practices such as placing downed, woody material, preserving or creating standing dead trees, creating ponds, or other methods approved by the Department; (8) Placing boulders, logs and other appropriate materials in streams to enhance fish habitat; (9) Removing buildings, pavements and other man-made features; (10) Grading altered land areas to restore original hydrology and natural topography; (11) Restoring, enhancing or creating wetlands; (12) Establishing vegetative buffers or structural setbacks adjacent to wildlife habitats. Statutory/Other Authority: ORS 308A.383, 496.138 & 506.119 Statutes/Other Implemented: ORS 308A.350 - 308A.383 History: DFW 115-2004, f. & cert. ef. 11-26-04
635-430-0380 Activities Generally Compatible with Riparian Lands Activities that are generally compatible with the intent of the riparian lands tax incentive program include, but are not limited to, the following when they are adequately described as a part of an approved riparian lands management plan and agreement: (1) Livestock watering and crossing areas when fenced and located at defined points, unless the Department specifically finds the watering or crossing areas are consistent with the objectives of the program without fencing or definite location; (2) All existing legal irrigation and utility developments, including powerlines, water lines, pipelines, irrigation diversion dams, pump stations, pump intakes, irrigation ditches and other similar developments, if they meet adequate fish passage and diversion screening requirements; (3) Fish habitat restoration projects; (4) Large wood removal after a natural disaster, but only when large wood poses an immediate and significant threat to private property or public safety, and only if the Department agrees to removal after the review process specified in OAR 635-430-0390; (5) Equipment or vehicle crossings at fords, culverts and bridges, if the crossing points are minimized, are constructed and maintained in a manner that minimizes sediment delivery to streams, and provide adequate fish passage in accordance with Oregon Department of Fish and Wildlife Guidelines and Criteria for Stream-Road Crossings; (6) Recreational facilities (i.e., trails, boat ramps, and primitive camp sites) when consistent with the objectives of the program; and (7) Tree harvest or vegetation management consistent with the objectives of this program and in compliance with the requirements of the Oregon Forest Practices Act (OAR 629-600-0100 through 629-665-0240). 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, Renumbered from 635-009-0340 FWC 40-1982, f. & ef. 6-29-82
635-430-0390 Activities Generally Incompatible with Riparian Lands Tax Incentive Program Activities that are generally incompatible with the protection or restoration of riparian lands include, but are not limited, to the following. These activities may only occur on designated riparian lands if specifically described and approved in the riparian lands management plan or plan amendment. (1) Regular cultivation, seeding, and harvesting of crops or other farming activities which preclude the development of permanent vegetative cover. (2) Livestock grazing or feeding areas except at watering points that are approved and appropriately limited in the management plan. (3) Herbicide spraying, except for the spot control of noxious weeds or when necessary for establishment and survival of vegetation planted in compliance with the riparian management plan. Such spraying must prevent drift into aquatic areas. (4) Channel or stream bank alterations other than those determined by the Department to be necessary to achieve healthy aquatic habitat conditions. (5) Construction or relocation of buildings. (6) Gravel, mineral or soil removal. (7) Land clearing (vegetation removal). 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, Renumbered from 635-009-0345 FWC 40-1982, f. & ef. 6-29-82
635-430-0400 Natural Disasters (1) If an act of nature (e.g., floods, fire, wind and other natural disaster) significantly damages or reduces riparian vegetation, or reduces the effectiveness of conservation measures described in a riparian management plan and agreement, the landowner must notify the Department within 90 days of the occurrence. (2) Department personnel will tour the affected property with the landowner within 60 days of notification and determine if remedial or new conservation measures are required to meet program objectives. (3) If the Department determines that remedial or new conservation measures are necessary, the Department will notify the landowner, in writing, within 10 working days after touring the affected property. The notification will include a general description of the necessary remedial actions. (4) After receiving notification from the Department that remedial action is necessary, the landowner has two options: (a) The landowner may continue enrollment in the program and notify the Department of his/her intention to revise or amend the riparian management plan and agreement; or (b) The 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. (5) If the landowner elects to continue enrollment in the program, the landowner must submit a revised or amended riparian management plan and agreement to the Department within three months from the date the Department notified the landowner that new or remedial measures were necessary. The Department will process the plan and agreement in accordance with these rules. 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, Renumbered from 635-009-0350 FWC 40-1982, f. & ef. 6-29-82