Or. Admin. R. 629-044-1041

Current through Register Vol. 63, No. 8, August 1, 2024

Section 629-044-1041 - Appeal of Wildfire Risk Assignment

(1) An affected property owner or local government may appeal the assignment of property by submitting an appeal in writing within 60 days of:

(a) The date that the wildfire risk map or update is posted on Oregon Explorer Map Viewer website; or

(b) The date that a correctly addressed notice is deposited with the postal service for mailing to the affected property owner.

(2) In the written appeal in section (1) of this rule, the property owner must specifically state:

(a) the objections to the wildfire risk class assignment;

(b) the change in wildfire risk assignment sought; and

(c) any pertinent facts that may justify a change in the wildfire risk class assignment, in accordance with ORS 477.490.

(3) Upon receipt of a written appeal of wildfire risk assignment, the State Forester:

(a) shall review the appeal to determine whether the appellant has standing and whether the appeal addresses the issues in subsection (2)(c).

(b) may contact the property owner or local government to clarify any pertinent facts identified in subsection (2)(c); and

(c) prepare a report describing the issue and reach a final decision of the matter by:

(A) reviewing whether the wildfire risk assignment and map were developed and maintained according to these rules and the most current wildfire assessment;

(B) reviewing for any error in the data that was used to determine the wildfire risk class assignment;

(C) reviewing any pertinent facts that may justify a change in the assignment; and

(D) providing the report to the appellant.

(d) the Department shall provide information to the public describing changes to the map based on approved appeals. The information shall be posted on the Department's public website.

(4) A final decision of the matter issued under section (3) of this rule shall be a final order, and subject to appeal as prescribed by ORS 183.484.

Or. Admin. R. 629-044-1041

DOF 1-2022, adopt filed 06/14/2022, effective 6/14/2022

Statutory/Other Authority: ORS 477.490 & ORS 526.016

Statutes/Other Implemented: ORS 477.490