reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0050 - Plan Submission and Review Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
The Department will review wildlife habitat conservation and
				management plans and make decisions as follows:
(1) Before preparing or submitting a plan,
			 the applicant must obtain certification from the city or county, on a
			 Department form, that the subject property lies within an area or zone
			 designated for participation in the Wildlife Habitat Conservation and
			 Management Program.
(2) The
			 landowner shall simultaneously submit the proposed plan to the appropriate
			 district wildlife office of the Department and the appropriate city or county
			 planning department.
(3) The city
			 or county planning department may submit comments on the proposed plan to the
			 appropriate watershed district office of the Department within 30 working days
			 of the city or county's receipt of the proposed plan.
(4) The Department will review a complete
			 plan for compliance with the standards in these rules and evidence of initial
			 implementation.
(5) 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 or correct plan deficiencies identified
			 by the Department and resubmit the plan for review.
(6) The Department may choose to limit the
			 number of plans approved each year due to workload constraints. Preference may
			 be given to those plans with the highest quality and/or quantity of habitat. An
			 application that is not approved due to time constraints shall be held for
			 consideration for approval the following year.
(7) Department decisions on plans may be
			 appealed to the Department under the provisions of ORS
			 183.310 to
			 183.550 governing contested
			 cases.
(8) The Department will send
			 one copy of an approved plan to the appropriate city or county planning
			 department.
(9) When a wildlife
			 habitat conservation and management plan is approved by the Department and has
			 been initially implemented, the owner of the land subject to the plan may apply
			 to the county assessor to receive wildlife habitat special assessment.
(10) 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.42-308A.430 for further tax
			 assessment guidance.)
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Stats. Implemented: ORS Ch. 308A, HB 3616,
				  2003
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0060 - Approval Standards for Plans

Current through Register Vol. 63, No. 7, July 1, 2024
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 as defined in OAR
			 635-430-0010(1),
			 and contains all of the elements required under
			 635-430-0040.
(3) The plan is consistent with the
			 objectives in OAR 635-430-0020.
(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 native vegetation appropriate to
			 the site.
(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) and other
			 applicable Department plans, policies, rules and statutes.
(8) The plan's proposed wildlife conservation
			 and management practices will not 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.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Stats. Implemented: ORS Ch. 308A, HB 3616,
				  2003
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0070 - Amendments to Approved Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Landowners may request amendments to approved wildlife habitat conservation and
			 management plans by contacting the appropriate Department watershed district
			 office.
(2) The landowner shall
			 provide a copy of the approved plan and a description of the proposed
			 amendments.
(3) The Department will
			 follow the procedures in OAR
			 635-430-0050 when reviewing
			 amendments to approved plans.
(4)
			 Amendments shall meet the standards in OAR
			 635-430-0060.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Stats. Implemented: ORS Ch. 308A, HB 3616,
				  2003
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0080 - Implementation of Approved Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For the purpose of making application to the county assessor for wildlife
			 habitat special assessment under ORS
			 308A.424 to
			 308A.430, a landowner may
			 request the Department to determine whether an approved wildlife habitat
			 conservation and management plan has been initially implemented.
(2) The Department will, within 90 days of
			 receipt of such request, physically inspect the subject property and determine
			 whether the plan has been implemented.
(3) The Department will consider the plan
			 initially implemented when:
(a) The landowner
			 is carrying out and maintaining the conservation and management practices
			 identified in the plan in accordance with the time frames established in the
			 plan; and
(b) The conservation and
			 management practices are progressing toward the plan's objectives.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0090 - Monitoring Approved Plans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will monitor an approved wildlife habitat conservation and
			 management plan periodically to determine continued compliance with the
			 plan.
(2) The Department's
			 monitoring activities will include a physical inspection of the subject
			 property.
(3) The Department will
			 notify the landowner prior to initiating its monitoring activities.
(4) If the ownership of the subject property
			 has changed since Department approval of the plan, the Department will provide
			 the landowner with a copy of the approved plan.
(5) If, based on its monitoring activities,
			 the Department determines the landowner is not implementing the plan as
			 approved, the Department will notify the landowner in writing and identify the
			 compliance measures that he or she must take within six months.
(6) If, at the end of the six-month period,
			 the landowner is still not implementing the compliance measures required by the
			 Department, the Department will notify the landowner and the appropriate county
			 assessor.
(7) If the property is
			 disqualified or withdrawn from the program and all other special assessment
			 programs, there is a potential additional tax liability (see ORS
			 308A.430 and
			 308A.700-308A.733).
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Stats. Implemented: ORS Ch. 308A, HB 3616,
				  2003
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0100 - Compatibility with Existing Laws or Ordinances

Current through Register Vol. 63, No. 7, July 1, 2024
(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 lot or parcel subject to wildlife habitat special
			 assessment as provided in ORS
			 215.799. The fact that a lot or
			 parcel 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 lot or parcel.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Stats. Implemented: ORS Ch. 308A, HB 3616,
				  2003
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0300 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  308A.383, ORS
				  496.138 & ORS
				  506.119
Stats. Implemented: ORS
				  308A.350 - ORS
				  308A.383
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0310 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purpose of OAR
				635-430-0300 through
				635-430-0430:
(1) "Department" means the Oregon Department
			 of Fish and Wildlife.
(2)
			 "Designation as Riparian Land" means Department approval of a landowner's
			 riparian management plan and agreement for qualifying riparian land, after
			 application and review as specified in OAR
			 635-430-0300 through
			 635-430-0430. This designation
			 qualifies the riparian land for exemption or partial exemption from
			 taxation.
(3) "Native vegetation"
			 means vegetation that is indigenous to the subject property or to the
			 physiographic province in which the subject property is located.
(4) "Non-aquatic Vegetation" means perennial
			 vegetation adjacent to the edge of the stream channel, which may be submerged
			 or partially submerged during periods of annual high streamflow, but spends the
			 majority of the year completely out of surface water.
(5) "Private lands" means any real property,
			 except real property in which the legal title is vested in a federal, state or
			 local government entity.
(6)
			 "Regular Cultivation" means the practice of annual or semi-annual tilling of
			 soil, usually in conjunction with the production of various agricultural crops,
			 produce or livestock.
(7)
			 "Riparian" means pertaining to or situated on the edge of the bank of a river
			 or stream.
(a) "Riparian Land" means land
			 situated along the bank of a stream characterized by vegetation and
			 microclimate influenced by perennial and/or intermittent water normally
			 associated with high water tables and/or hydric soils. This area must be
			 sufficient to support conservation or management measures identified in the
			 riparian management plan and agreement.
(b) "Riparian Vegetation" means the aquatic
			 and non-aquatic vegetation adjacent to streams that is dependent upon or
			 tolerant of the presence of water near the ground surface for at least part of
			 the year.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0320 - Eligibility Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may designate perennial and intermittent streams and the associated
			 riparian lands, as limited by OAR
			 635-430-0300 to
			 635-430-0430, as riparian lands
			 if the land meets the eligibility criteria in 2-6 below.
(2)
(a) The
			 stream and associated riparian land are outside adopted urban growth boundaries
			 and are planned and zoned as forest or agricultural lands (including
			 rangeland); or
(b) The stream and
			 associated riparian land are no longer outside adopted urban growth boundaries,
			 and/or planned or zoned as forest or agriculture but such lands:
(A) Were outside urban growth boundaries as
			 of July 1, 1997;
(B) Were planned
			 and zoned as forest or agricultural lands as of July 1, 1997;
(C) Are managed as designated riparian lands;
			 and
(D) are otherwise eligible for
			 riparian designation. However, the landowner must file an application with the
			 Department for including such lands in the program no later than five years
			 after the date of the zoning change, or incorporation into an adopted urban
			 growth boundary; or
(c)
			 The stream and associated riparian land are located within the boundaries of a
			 city and urban growth boundary and the governing bodies of both the city and
			 the county in which the land is located have adopted ordinances or resolutions
			 that are in effect as of the date the application required under OAR
			 635-430-00360 is submitted to the Department that:
(A) Allow the designation of land as riparian
			 land as defined in OAR
			 635-430-0310(7)(a);
			 and
(B) If possible, describe how
			 the city or county will provide technical assistance to landowners preparing
			 riparian management plans and will monitor compliance with approved
			 plans.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0330 - Limitations on Designation of Riparian Lands

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0340 - Factors for Determining Width of Riparian Lands

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  308A.383, ORS
				  496.138 & ORS
				  506.119
Stats. Implemented: ORS
				  308A.350 - ORS
				  308A.383
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0350 - Healthy Riparian Habitat

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  308A.383,
				  496.138 &
				  506.119
Stats. Implemented: ORS
				  308A.350 -
				  308A.383
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0360 - Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0370 - Plan Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  308A.383, ORS
				  496.138 & ORS
				  506.119
Stats. Implemented: ORS
				  308A.350 - ORS
				  308A.383
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0375 - Riparian Conservation and Management Practices

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  308A.383,
				  496.138 &
				  506.119
Stats. Implemented: ORS
				  308A.350 -
				  308A.383
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0380 - Activities Generally Compatible with Riparian Lands

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Stat. Auth.: ORS
				  308A.383, ORS
				  496.138 & ORS
				  506.119
Stats. Implemented: ORS
				  308A.350 - ORS
				  308A.383
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0390 - Activities Generally Incompatible with Riparian Lands Tax Incentive Program

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Stat. Auth.: ORS
				  308A.383,
				  496.138 &
				  506.119
Stats. Implemented: ORS
				  308A.350-308A.383
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0400 - Natural Disasters

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0410 - Sale or Transfer of Exempted Riparian Lands

Current through Register Vol. 63, No. 7, July 1, 2024
The purchaser of any lands enrolled in the Riparian Lands Tax
				Incentive Program has 120 days after recording of the land sale to retain the
				property tax exemption or withdraw from the program without penalty.
(1) To retain the riparian tax exemption, the
			 new owner must:
(a) Agree to management
			 provisions in the previous owner's riparian management plan by signing an
			 identical plan, and sign a riparian management agreement consistent with the
			 program; or
(b) Submit an amended
			 riparian management plan to the Department for review and approval pursuant to
			 these rules and sign a riparian management agreement consistent with the
			 program.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0420 - Monitoring and Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 430 - TAX INCENTIVE PROGRAMS › Section 635-430-0430 - Program Compatibility with Existing Laws or Ordinances

Current through Register Vol. 63, No. 7, July 1, 2024
The Department's approval of land use activities compatible
				with the Riparian Lands Tax Incentive Program does not exempt any proposed
				activity from state or federal law, or local ordinance.
Stat. Auth.: ORS
				  308A.383, ORS
				  496.138 & ORS
				  506.119
Stats. Implemented: ORS
				  308A.350 - ORS
				  308A.383
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 435 - WILDLIFE CONTROL OPERATORS › Section 635-435-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to:
(1) Clarify the requirements and restrictions
			 for wildlife control activities, especially in incorporated city limits and
			 associated urban development while promoting sound wildlife management; and
(2) Provide a means for an agent
			 to act on the behalf of a landowner or occupant to remove wildlife causing
			 damage, posing a public health threat or creating a public nuisance, as defined
			 in ORS 498.012.
Stat. Auth.: ORS Ch., 496.012, 496.138, 496.146, 496.162,
				  497.308, 498.012 & 498.052
Stats. Implemented: ORS Ch. 496.012, 496.138, 496.146,
				  496.162, 497.308, 498.012 & 498.052
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 435 - WILDLIFE CONTROL OPERATORS › Section 635-435-0010 - Permit Required to Capture, Possess, or Transport Wildlife

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A WCO permit is required for any
			 individual, business owner, or the business owner's designee charging a fee to
			 control bats, furbearers, unprotected mammals (excluding moles (Scapanus spp.),
			 wild turkeys and western gray squirrels causing damage, creating a public
			 nuisance or posing a public health or safety concern; and for the offsite
			 transportation of any live wildlife;
(a) A WCO
			 permit is not required for the onsite capture and euthanasia of species defined
			 as "predatory animals".
(b) Federal
			 employees of the U.S. Department of Agriculture, Animal Plant and Health
			 Inspection Service-Wildlife Services and, county or municipality employees,
			 working in their official capacity, are exempt from this requirement.
(c) WCO permittees must comply with all state
			 wildlife laws and regulations, and all activities must be in compliance with
			 conditions specified by these rules, permit or authorization from the
			 Department.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 435 - WILDLIFE CONTROL OPERATORS › Section 635-435-0015 - Requirements for Wildlife Control Operator Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) WCO permits may be issued to either an
			 individual or business listed on the application. A business or business owner
			 is not required to take the WCO test if they do not conduct any wildlife
			 control activities. A biennial, $64.50 non-refundable WCO permit fee is
			 required for each WCO business; and each permit will cover all employees
			 eligible to conduct WCO activities. A WCO permit for business requires a
			 minimum of one employee designee passing the WCO test, administered by the
			 Department.
(2) All individuals
			 > 18 years of age conducting wildlife control activities must pass the
			 Department administered WCO test with a minimum test score of 80%. A WCO
			 training manual is available on the Department website. A $25 non- refundable
			 test administration fee is required of test applicants for each test
			 administered.
(3) Submittal of a
			 completed WCO application form shall include:
(a) Business information including whether
			 the applicant is an individual, partnership, corporation, Limited Liability
			 Company or other legal entity.
(A) If a
			 partnership, the application must provide the full names and addresses of the
			 partners.
(B) If a corporation,
			 the application must provide the full name and addresses of all officers,
			 directors and stockholders.
(C) If
			 a Limited Liability Company, the application must provide the full names and
			 addresses of all members and managers.
(D) If the application is structured as a
			 tiered organization, the application must provide the full names and address of
			 all of the partners; or officers, directors and stockholders; or members and
			 managers of each substituent entity within the tiered organization;
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 435 - WILDLIFE CONTROL OPERATORS › Section 635-435-0020 - Wildlife Control Operator Permit Required to be in Possession

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individuals or
			 employees of businesses holding a WCO Permit must have the permit or a copy, in
			 possession while conducting wildlife control activities and make the permit
			 available for inspection upon request by any Department employee or any person
			 authorized to enforce wildlife laws.
(2) Individuals or businesses holding a
			 permit must obtain and have in possession any other federal, state, or local
			 permits that may be required.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146, &
				  496.162
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146, &
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 435 - WILDLIFE CONTROL OPERATORS › Section 635-435-0025 - Disposition of Wildlife

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All wildlife
			 captured, held, or transported under a WCO Permit remains the property of the
			 State of Oregon and cannot be sold, traded, bartered, or exchanged except as
			 allowed by OAR Chapter 635 Division 200.
(2) Wildlife captured, held, or transported
			 under the terms of the WCO permit shall not be intentionally displayed for
			 public exhibit.
(3) Cage traps or
			 restraining traps shall be inspected for capture success at a minimum of once
			 every 48 hours. The local Department district biologist will consider
			 extenuating circumstances to extend check time on a case by case basis upon
			 contact from the WCO. Killing traps or traps set for predatory animals as
			 defined in ORS 610.002 must be checked within
			 the time periods specified in OAR Chapter 635, Division 50. The inspection and
			 removal of any captured animal shall be done by the person who set the trap or
			 the owner of the land where the trap is set, or designee of either.
(4) WCO's must conduct one of the following
			 within 24 hours of notification of possession of wildlife:
(a) Humanely euthanize the animal(s) in a
			 manner consistent with the "AVMA Guidelines for Euthanasia of Animals: 2020
			 Edition;" or
(b) Release animal on
			 site; or
(c) Relocate the animal
			 (with prior approval from the Department).
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 435 - WILDLIFE CONTROL OPERATORS › Section 635-435-0030 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS Ch. 496.012, 496.138, 496.146 &
				  496.162
Stats. Implemented: ORS Ch. 496.012, 496.138, 496.146 &
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 435 - WILDLIFE CONTROL OPERATORS › Section 635-435-0035 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS Ch. 496.012, 496.138, 496.146 &
				  496.162
Stats. Implemented: ORS Ch. 496.012, 496.138, 496.146 &
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 435 - WILDLIFE CONTROL OPERATORS › Section 635-435-0040 - Transportation of Wildlife

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Live
			 wildlife may only be transported with a transport permit issued by the
			 Department or a WCO permit.
(2)
			 Permittees are authorized to transport permitted live wildlife for:
(a) Humane euthanasia of the captured animal;
			 or
(b) Transport wildlife
			 specified in 635-435-0010
			 (4) to a licensed Oregon Wildlife
			 Rehabilitator; or
(c) Relocation
			 to suitable release habitat with prior approval of the Department.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 435 - WILDLIFE CONTROL OPERATORS › Section 635-435-0045 - Equipment Subject to Inspection

Current through Register Vol. 63, No. 7, July 1, 2024
Any Law Enforcement officer or Department representative may
				inspect a permittee's traps, cages, enclosures, or other equipment in use for
				capturing, possession, transporting or relocating wildlife; or any wildlife
				held in such equipment or otherwise in possession; or wildlife control records.
				Nothing in these rules is intended to authorize or allow the warrantless search
				or inspection of a permit holder's residence.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146, &
				  496.162
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146, &
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 435 - WILDLIFE CONTROL OPERATORS › Section 635-435-0050 - Trap Tampering Prohibited

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any trap or capture device used by a permittee must be legibly marked or
			 branded with either the individual or owner's business name and phone number,
			 or the owner's furtaker license (brand) number or WCO number that has been
			 assigned by the Department.
(2) It
			 is unlawful to move or tamper with any trap or capture device set by a WCO or
			 to remove wildlife from such a trap or capture device without written
			 authorization of the WCO.
Statutory/Other Authority: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Statutes/Other Implemented: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 435 - WILDLIFE CONTROL OPERATORS › Section 635-435-0055 - Record Keeping and Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Landowner
			 or occupier of premises must sign an affidavit of damage designating the
			 permitted WCO as their agent to address damage caused by any wildlife. The
			 permittee must retain affidavits for one year.
(2) A complete record of the WCO activities
			 must be maintained by permit holder on a WCO bi-annual report form provided by
			 the Department for all wildlife captured on a WCO permit.
(3) Each permittee must submit a report of
			 WCO activity in a legible document twice per year, by July 31 and January 31,
			 to the Department. Permittees must submit reports even if no wildlife control
			 activity has occurred.
Statutory/Other Authority: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Statutes/Other Implemented: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 435 - WILDLIFE CONTROL OPERATORS › Section 635-435-0060 - Cancellation or Non-Renewal of Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Failure to comply with the record
			 keeping, reporting, or other requirements of the WCO Permit may lead to
			 cancellation or denial of renewal of the permit.
(2) The Department may revoke or deny
			 issuance of a WCO Permit if listed employees were, convicted of, or admits to,
			 a violation of a wildlife law (under the Interstate Wildlife Violators
			 Compact), or rule, or permit issued under the wildlife laws within the previous
			 five years.
(3) A WCO permittee
			 that has been notified that the permit will be cancelled or denied renewal may
			 petition the Department for a contested case hearing. The request for a
			 contested case hearing on a proposed cancellation must be received by the
			 Department within 21 days after service of notice (90 days for emergency
			 cancellations). The request for hearing on a proposed non-renewal must be
			 received by the Department within 60 days of notice. Final Orders in contested
			 case hearings shall be issued by the Department Director.
Stat. Auth.: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Stats. Implemented: ORS
				  496.012,
				  496.138,
				  496.146 &
				  496.162
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 440 - COLUMBIA RIVER FISHERIES TRANSITION PROGRAM › Section 635-440-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of administrative rules found in Division 440
				the following definitions apply:
(1)
			 "Economic Harm" means the reduction, unrelated to environmental and market
			 variability or personal circumstances, in the annual income of an individual
			 who holds a vessel permit issued pursuant to ORS
			 508.775 to ORS
			 508.796 from fishing under the
			 permit that is due to Columbia River fish management and reform adopted by rule
			 of the commission.
(2) "Fund"
			 means the Columbia River Fisheries Transition Fund.
(3) "County Program" means an established
			 Columbia River fisheries transition program by an Oregon county.
(4) "Permit" means a Columbia River vessel
			 permit as defined in ORS
			 508.775 to
			 508.796
(5) "Eligible Applicants" means county
			 governments that have established an advisory committee and otherwise met the
			 requirements listed in OAR
			 635-440-0010 and are prepared to
			 assess applications from persons who apply for Columbia River Fisheries
			 Transition funds from the county.
Stat. Auth.: ORS
				  509.230
Stats. Implemented: ORS
				  508.775 -
				  508.796
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 440 - COLUMBIA RIVER FISHERIES TRANSITION PROGRAM › Section 635-440-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide criteria and
				procedures for implementation and administration of the Columbia River
				Fisheries Transition Program. Funds will be granted to qualified county
				programs for:
(1) Compensation to
			 individuals who hold a valid permit and who provide documentation of economic
			 harm;
(2) Financial assistance to
			 individuals who hold a valid permit and who demonstrate a history of recent
			 landings under a permit, to help offset the cost to those individuals of
			 fishing equipment required as a result of fishing gear changes caused by
			 restrictions related to Columbia River fish management and reform adopted by
			 rule of the Commission.
Stat. Auth.: ORS
				  509.230
Stats. Implemented: ORS
				  508.775 -
				  508.796
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 440 - COLUMBIA RIVER FISHERIES TRANSITION PROGRAM › Section 635-440-0010 - Standards to Determine Grant Award Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may approve a county
			 program that meets the stated purpose of this rule and contains the elements
			 specified in this section.
(2)
			 Grants are subject to available funding in the Columbia River Transition Fund.
			 A county may qualify for funds if a county has a program that meets the
			 following requirements:
(a) A county must
			 establish a county advisory committee to oversee the county program.
(b) Advisory committee membership shall
			 include at a minimum:
(A) One county
			 commissioner;
(B) Two members who
			 own or manage a permit or who have expertise related to commercial fisheries;
			 and
(C) Two members who are not
			 employed in the commercial fishing industry and who represent the public
			 interest in the equitable administration of public funds.
(c) A county must establish a procedure by
			 which permit owners who have experienced economic harm shall be given funds
			 received under the county program.
(d) A county program must require that an
			 advisory committee must establish compensation rates for economic harm that are
			 based on fair market value.
(e) A
			 county program must establish eligibility requirements for compensation that
			 ensures, that the person did experience legitimate economic harm.
(f) The county will be reimbursed an amount
			 of money, approved by the Oregon Department of Fish and Wildlife, to cover the
			 allowable expenditures necessary to implement the county program during the
			 calendar year. Allowable expenditures are:
(A) Establishing a county advisory committee.
(B) Establishing a procedure by
			 which persons applying for compensation will provide sufficient evidence of
			 economic harm.
(C) Establishing a
			 procedure by which persons applying for financial assistance for economic
			 hardship provide an estimate of the potential cost.
(D) Distributing grant program funds.
(E) Preparation of an annual
			 report to the Department.
Oregon Administrative Rules › Chapter 635 - DEPARTMENT OF FISH AND WILDLIFE › Division 440 - COLUMBIA RIVER FISHERIES TRANSITION PROGRAM › Section 635-440-0015 - Distribution of Funds by County

Current through Register Vol. 63, No. 7, July 1, 2024
Funds received by a county program from the Department may only
				be used to reimburse the following expenses or losses:
(1) Compensation to permit holders for
			 documented economic harm
(2)
			 Compensation to permit holders for gear changes.
(3) Compensation to the county for allowable
			 expenditures necessary to implement the county program during the calendar
			 year.
Stat. Auth.: ORS
				  509.230
Stats. Implemented: ORS
				  508.775 -
				  508.796