Or. Admin. Code § 629-044-1041
Current through Register Vol. 63, No. 11, November 1, 2024
Section 629-044-1041 - Appeal of Wildfire Hazard Assignment(1) Any affected property owner or local governments may appeal the assignment of properties to the wildfire hazard zones. All appeals of the assignment shall be referred for a contested case hearing in accordance with ORS Chapter 183, OAR 629-001-0003 to OAR 629-001-0055, and this rule. The Administrative Law Judge assigned the matter shall be authorized to issue a Proposed Order. The State Forester shall issue the Final Order.(2) The notification described under OAR 629-044-1031 shall serve as a Notice of Proposed Agency Action for property owners in the high hazard zone and also within the Wildland-Urban Interface. The posting of the hazard map on the Oregon Explorer Map Viewer website shall serve as the agency's Notice of Proposed Agency Action for all other property owners who have a right to appeal under ORS 477.490.(3) An affected property owner may appeal the assignment of a wildfire hazard zone to property by submitting a written hearing request to the Department. Such request must be made within 60 days of the following events, whichever is later:(a) The date that the wildfire hazard map or an update to the hazard map is posted on Oregon Explorer Map Viewer website; or(b) The date that a correctly addressed notice, issued in accordance with OAR 629-044-1031(2), is deposited with the postal service for mailing to the affected property owner.(4) A local government may appeal the assignment of a wildfire hazard zone by submitting a written hearing request to the Department. Such request must be made within 60 days of the following events, whichever is later: (a) The date that the wildfire hazard map or an update to the hazard map is posted on Oregon Explorer Map Viewer website; or(b) The date that a correctly addressed notice, issued in accordance with OAR 629-044-1031(2), is deposited with the postal service for mailing to the local government.(5) The written hearing request must specifically state: (a) the issues to be addressed;(b) The criteria of the hazard map being contested; and(d) Additionally, the appeal must include the following contact information for referral: (C) Property address and tax lot number; and(6) This specific response is required based on the agency's determination that, due to the complexity of the program and category of cases involved, a more specific response is warranted. The requester may amend their response, except when doing so would be unduly prejudicial. Failure to raise an issue as provided in this rule shall constitute a waiver of the opportunity to raise the issue in a contested hearing.(7) Upon receipt of a written request for hearing under this section, the Department may contact the property owner or local government to seek additional information and attempt to informally resolve the appeal.(8) The Department shall provide information to the public describing changes to the map that result from appeals. The information shall be posted on the Department's public website.(9) The State Forester will issue a Final Order resolving appeals under this section, based on the record established through the contested case hearing. The Forester's Final Order is subject to appeal as prescribed by ORS 183.482.Or. Admin. Code § 629-044-1041
DOF 1-2022, adopt filed 06/14/2022, effective 6/14/2022; DOF 19-2024, amend filed 09/30/2024, effective 10/1/2024Statutory/Other Authority: ORS 477.490 & ORS 526.016
Statutes/Other Implemented: ORS 477.490