Or. Admin. Code § 635-405-0005

Current through Register Vol. 63, No. 11, November 1, 2024

Section 635-405-0005 - Definitions

For the purposes of OAR 635-405-0000 through 635-405-0045 only:

(1) "Acknowledged Comprehensive Plan" as defined in OAR 660-030-0005(1) and adopted herein means a comprehensive plan and land use regulations or plan or regulations amendment which comply with the goals as provided in ORS 197.251, 197.640 to 197.649, and 197.625.

(2) "Agency consistency with Comprehensive Plans" as defined in OAR 660-030-0005(7) and adopted herein has the same meaning as the term "compatibility" as provided in section (9) of this rule and 660-030-0070.

(3) "Agency Coordination Program" as defined in OAR 660-030-0005(3) and adopted herein means the submittal made by a state agency to the DLCD pursuant to ORS 197.180(2)(a)-(d) and OAR Chapter 660, division 30.

(4) "Aquatic Habitat" means the waters which will support fish or other organisms which live in water. Aquatic habitat includes the adjacent land area and vegetation (i.e., riparian habitat) that provides shade, food, and/or protection for those organisms.

(5) "Big Game Range" means the geographic area occupied by deer, elk, cougar, black bear, mountain sheep, mountain goat, moose, silver gray squirrel, or antelope, often on a seasonal basis. Big game range consists of one or all of the following:

(a) "Summer Range" means a geographic area used by big game animals during the summer, usually at a higher elevation and generally covering a larger land area than winter range; and

(b) "Transitional Range or Travel Corridor" means a route or geographic area that is used by big game animals between summer and winter range, usually characterized as a band or belt of suitable vegetation and terrain that provides protective cover. Transitional range often overlaps both summer and winter range; and

(c) "Winter range" means a geographic area occupied by big game animals from late fall through early spring. Winter range is usually smaller in area and at lower elevations than summer range, and has vegetation and terrain that minimizes the effects of winter stress on big game animals.

(6) "Bird Habitat Site" means that portion of the territory of a bird species that is essential to survival and perpetuation of the species, either as individuals or as a population. "Territory," as used herein, means the total area used by an individual for feeding, reproduction, loafing, and/or rearing. Such sites include but are not limited to:

(a) Bald eagle nest sites;

(b) Heron rookeries;

(c) Band-tailed pigeon mineral springs;

(d) Osprey nest sites.

(7) "Certification" as defined in OAR 660-030-0005(4) and adopted herein means an order issued by LCDC which finds that a state agency's coordination program satisfies the requirements of ORS 197.180(2)(a) - (d) and OAR Chapter 660, Division 030.

(8) "Commission" means the State Fish and Wildlife Commission.

(9) "Compatibility with Comprehensive Plans" as defined in OAR 660-030-0005(5) and adopted herein means that a state agency has taken actions pursuant to OAR 660-030-0070, including following procedures in its coordination program where certified, and there are no remaining land use conflicts between the adoption, amendment, or implementation of the agency's land use program and an acknowledged comprehensive plan.

(10) "Compliance with the Goals" as defined in OAR 660-030-0005(6) and adopted herein means that the state agency land use programs and actions must comply with the applicable requirements of the statewide planning goals as provided in 660-030-0065.

(11) "Coordination" as defined in OAR 660-030-0005(8) and adopted herein means the needs of all levels of government, semi-public and private agencies, and the citizens of the State of Oregon have been considered and accommodated as much as possible.

(12) "County Coordinator" means the Department employee assigned to each county in Oregon who is responsible for coordinating the Department's land use activities with the county and its cities.

(13) "Department" means the Oregon Department of Fish and Wildlife.

(14) "Develop" means Department actions involving site identification and preparation, and the use, construction, improvement, and expansion of new or existing Department facilities.

(15) "Director" means the State Fish and Wildlife Director.

(16) "DLCD" means the Department of Land Conservation and Development.

(17) "Endangered Species" means:

(a) Any native wildlife species determined by the Commission to be in danger of extinction throughout any significant portion of its range within the state; or

(b) Any native wildlife species listed as an endangered species pursuant to the federal Endangered Species Act of 1973 ( PL 93-205, 16 U.S.C. § 1531), as amended.

(18) "Facilities" means Department dwellings, offices, and other permanent structures or sites where Department administrative or program functions are performed or managed.

(19) "Fish" means all game fish as defined by ORS 496.009, food fish as defined by ORS 506.036, and aquatic shellfish which live or could live in the waters of this state, including mollusks, crustaceans, all freshwater and marine invertebrates, and all live eggs or larvae thereof, but not including aquaria species in aquaria.

(20) "Goal" means a philosophical statement and desirable direction of a Department program. Such goals may lead to agency policy and then to rules and operational plans for implementation.

(21) "Guideline" means a suggested direction or method.

(22) "Habitat" means a geographical area that can provide the environmental conditions suitable to perpetuate wildlife species or a population of such species.

(23) "Habitat Conservation Division Land Use Coordinator" means the Department employee responsible for coordinating statewide Department land use activities with the affected cities and counties.

(24) "LCDC" means the Land Conservation and Development Commission.

(25) "Manage" means to protect, preserve, propagate, promote, utilize, and control wildlife.

(26) "Management Plan" means a program of action designed to reach given objectives derived from Department policies or goals.

(27) "Objective" means a specific statement of planned results to be achieved by a predetermined date. Once achieved, such objectives represent measurable progress toward attainment of the broader goal.

(28) "Policy" means overall direction to embrace the goals and acceptable general procedures of the Department.

(29) "Riparian Habitat/Land" means land situated along the bank of a stream or other body of water characterized by vegetation and microclimate influenced by perennial and/or intermittent water associated with high water tables and soils which exhibit some wetness characteristics.

(30) "Rules and Programs Affecting Land Use" as defined in OAR 660-030-0005(2) and adopted herein means:

(a) A state agency's rules and programs (hereinafter referred to as "land use programs") which are:

(A) Specifically referenced in the statewide planning goals; or

(B) Reasonably expected to have significant effects on:

(i) Resources, objectives or areas identified in the statewide planning goals; or

(ii) Present or future land uses identified in acknowledged comprehensive plans.

(b) Do not include state agency rules and programs, including any specific activities or functions which occur under the rules and programs listed in paragraph (31)(a)(A) of this rule, if:

(A) An applicable statute, constitutional provision or appellate court decision expressly exempts the requirement of compliance with the statewide goals and compatibility with acknowledged comprehensive plans; or

(B) The rule, program, or activity is not reasonably expected to have a significant effect on:

(i) Resources, objectives, or areas identified in the statewide goals; or

(ii) Present or future land uses identified in acknowledged comprehensive plans; or

(C) A state agency transfers or acquires ownership or an interest in real property without making any change in the use or area of the property. Action concurrent with or subsequent to a change of ownership that will affect land use or the area of the property is subject to either the statewide goals or applicable city or county land use regulations.

(c) A final determination of whether or not an agency rule or program affects land use will be made by LCDC pursuant to ORS 197.180 and OAR Chapter 660, Division 030.

(31) "SAC" means State Agency Coordination.

(32) "Sensitive" refers to wildlife species, subspecies, or populations that are subject to a decline in number of sufficient magnitude to qualify their listing as Threatened due to loss in quantity or quality of habitat or other factors.

(33) "Standard" means a specific level of attainment.

(34) "Statewide Planning Goals" means the mandatory statewide planning standards adopted by LCDC pursuant to ORS 197.005 to 197.860.

(35) "Threatened Species" means:

(a) Any native wildlife species the Commission determines is likely to become an endangered species within the foreseeable future throughout any significant portion of its range within this state; or

(b) Any native wildlife species listed as a threatened species pursuant to the federal Endangered Species Act of 1973 ( PL 92-205, 16 U.S.C. § 1531), as amended.

(36) "Waters of This State" means all waters over which the State of Oregon has jurisdiction or joint or other jurisdiction with any other state or government, including waters of the Pacific Ocean and all bays, inlets, and ponds, lakes, rivers and streams within or forming the boundaries of this state, but not including waters in aquaria or in isolation facilities approved by the Department.

(37) "Wetlands" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

(38) "Wildlife" means fish, wild birds, amphibians, reptiles, and wild mammals.

Or. Admin. Code § 635-405-0005

FWC 66-1990, f. & cert. ef. 6-27-90

Stat. Auth.: ORS Ch. 197 & 496

Stats. Implemented: ORS Ch. 197 & 496