Oregon Administrative Rules|Section 635-430-0050 - Plan Submission and Review Procedures

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
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.)
 
Or. Admin. R. 635-430-0050
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
Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
 
Stats. Implemented: ORS Ch. 308A, HB 3616, 2003