Or. Admin. Code § 635-430-0080

Current through Register Vol. 63, No. 12, December 1, 2024

Section 635-430-0080 - Self-Reporting, Site Inspection and Removal of Land

(1) Each February, the Department will alert landowners that they must provide documentation to the Department and appropriate County assessor's office that their plan is in compliance with the rules. The Department will provide directions and access to the appropriate reporting form.

(2) By April 1 of each year, the landowner of a subject property shall provide documentation to the Department and the appropriate county assessor's office that the Plan is in compliance with these rules. This documentation shall include the following:

(a) An affirmation that the wildlife habitat conservation and management plan is being implemented substantially as approved;

(b) An affirmation that all representations in the report and photographic attachments are true;

(c) Acknowledgment that the landowner is aware of the tax liability that arises under ORS 308A.703 upon disqualification from the Program; and

(d) An affirmation that prior to or when the property is sold, the landowner will disclose enrollment in the Program to the new landowner, which includes disclosing the requirement to maintain an active Plan to continue eligibility for the Program.

(e) Acknowledgment that if their annual report is not received by April 1 that they will receive notification from the Department that they are at risk of disqualification from the Program.

(3) If by May 1 of each year, the Department does not receive annual documentation from the landowner of a subject property as described in section (1), the Department will notify the landowner and the appropriate county assessor in writing, that the landowner is disqualified from the Wildlife Habitat Conservation and Management Program and will not be allowed to re-enroll.

(4) The Department or its designee may, periodically or in response to a complaint or other evidence of non-compliance, conduct a physical inspection of a subject project to determine continued compliance with the Plan. The Department or its designee will notify the landowner prior to initiating the site inspection. The landowner must allow the Department staff or delegate agency to access the property in a reasonable amount of time to assess the property's compliance with the Plan, or the property will be deemed out of compliance by default and be subject to removal.

(5) If, based on site inspections, the Department, the county assessor, or their designee determines the landowner is not implementing the Plan as approved, the Department will send a letter notifying the landowner and cooperating agencies that the landowner is out of compliance. The notice of non-compliance letter will identify the compliance measures that the landowner must initiate and a reasonable timeline for implementing those measures.

(6) If the landowner does not provide documentation of compliance with the Plan or is not implementing the compliance measures required by the Department within the timeframe described in the warning letter, the Department will notify the landowner and the appropriate county assessor that the landowner is disqualified from the Wildlife Habitat Conservation and Management Program and will not be allowed to re-enroll.

(7) If the ownership of the subject property has changed since Department approval of the Plan, the Department will provide the new landowner with a copy of the previous landowner's approved Plan upon request. Within 45 calendar days of receiving the Plan, the new landowner must alert the county of their interest in the Program and contact the Department to re-enroll the property in the Program. If the new landowner is interested, the Department may require the landowner to submit a new wildlife habitat conservation and management plan that provides conservation benefits and includes the elements outlined in ORS 635-430-0050 within 120 calendar days of receiving the original Plan.

Or. Admin. Code § 635-430-0080

FWC 23-1994, f. & cert. ef. 4-29-94; DFW 11-1998, f. & cert. ef. 2-5-98; DFW 115-2004, f. & cert. ef. 11-26-04; DFW 68-2024, amend filed 08/14/2024, effective 8/14/2024

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