72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 3160
A-Engrossed
House Bill 3616
Ordered by the House May 9
Including House Amendments dated May 9
Sponsored by Representative DINGFELDER
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Establishes property tax special assessment { - programs - }
{ + program + } for wildlife habitat { - and land subject to
conservation easements - } . { + Allows State Fish and Wildlife
Commission to designate certain land as eligible for wildlife
habitat special assessment upon request by governing body of
county or city. + } Permits homesite assessment of land under
dwelling, if associated with wildlife habitat special assessment.
Applies to tax years beginning on or after July 1, 2004.
Permits location of dwelling on property subject to wildlife
habitat { - or conservation easement - } special assessment,
upon compliance with certain requirements.
Authorizes State Department of Agriculture and State Board of
Forestry to enter into stewardship agreements with landowners to
create incentives for conservation, expedited permitting,
regulatory certainty and other stated benefits.
A BILL FOR AN ACT
Relating to land conservation; creating new provisions; amending
ORS 215.236, 308A.053, 308A.253, 308A.318, 308A.703, 308A.706,
308A.718, 308A.724, 308A.743, 526.041, 527.670 and 527.710; and
repealing ORS 215.800, 215.801, 215.802, 215.804, 215.806,
215.808 and 527.662.
Whereas the Legislative Assembly has found that it is in the
interests of the people of Oregon that certain private lands be
managed in a sustainable manner for the purpose of maintaining
the long-term ecological, economic and social values that these
lands provide; and
Whereas the Legislative Assembly has declared that it is the
policy of this state to encourage landowners to manage private
lands in a sustainable manner through tax policy, land use
planning, education and technical and financial incentives; and
Whereas the Legislative Assembly has further declared that it
is the policy of this state not to impose additional taxes on
property, commodities or income because a landowner voluntarily
foregoes, limits or postpones economic uses of private land for
conservation purposes; and
Whereas the Legislative Assembly has directed the State
Forestry Department and the State Department of Agriculture, in
consultation with relevant state agencies and other public and
private organizations, to review state statutes, rules, policies
and programs that affect landowner decisions to implement
conservation strategies; and
Whereas the Legislative Assembly has further directed the State
Forestry Department and the State Department of Agriculture to
report to the Seventy-second Legislative Assembly regarding
recommendations for improvements of incentives and existing
regulatory schemes that will encourage landowners and businesses
to voluntarily invest in the improvement of natural resources;
and
Whereas the State Forestry Department and the State Department
of Agriculture have issued this report, which includes numerous
recommendations regarding how existing incentive programs and
regulatory schemes can be improved; and
Whereas the Legislative Assembly seeks to implement
recommendations contained in this report; now, therefore,
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Findings. (1) The Legislative Assembly finds
that the State of Oregon has a rich diversity of plants, animals
and other natural resources on private lands. Conservation and
careful management of these resources is evident in Oregon's
working landscape and is essential to the economic and ecological
health of Oregon.
(2) The Legislative Assembly further finds that conservation of
natural resources on private lands is desirable, and
nonregulatory programs that encourage and enable landowners to
engage voluntarily in conservation should be available to
supplement regulatory and other approaches.
(3) The Legislative Assembly further finds that to maximize
voluntary landowner participation in conservation programs,
conservation should be recognized as a legitimate land use and
landowners should have a full range of incentive programs from
which to choose.
(4) The Legislative Assembly further finds that state
government should have a mechanism to coordinate, facilitate and
memorialize a landowner's compliance with regulatory requirements
while simultaneously providing a means to combine or coordinate
multiple incentive programs among agencies and levels of
government.
(5) The Legislative Assembly further finds that efforts should
be made to more effectively and efficiently target conservation
programs administered by federal, state and local governments.
(6) The Legislative Assembly further finds that there should be
a comprehensive review to identify and assess the state's
conservation needs and to coordinate the development,
dissemination and implementation of a comprehensive statewide
conservation strategy to define priorities and address ecological
goals while enhancing economic and social conditions. + }
{ +
WILDLIFE HABITAT CONSERVATION AND MANAGEMENT + }
{ +
SPECIAL ASSESSMENT + }
SECTION 2. { + Sections 3 to 10 of this 2003 Act are added to
and made a part of ORS chapter 308A. + }
SECTION 3. { + Policy. (1) The Legislative Assembly declares
that the protection and preservation of the wildlife resources of
this state ought to be encouraged by recognizing wildlife habitat
conservation and management as a legitimate land use.
(2) The Legislative Assembly further declares that sections 3
to 10 of this 2003 Act are intended to allow for the conservation
and management of wildlife habitat.
(3) The Legislative Assembly recognizes that the integration of
wildlife habitat conservation and management plans with generally
accepted agricultural and forestry practices is an important
element in exercising good land stewardship. + }
SECTION 4. { + Definitions. As used in sections 3 to 10 of
this 2003 Act:
(1) 'Cooperating agency' means the State Department of Fish and
Wildlife, the United States Fish and Wildlife Service, the
Natural Resources Conservation Service of the United States
Department of Agriculture, the Oregon State University Extension
Service or other persons with wildlife habitat conservation and
management training considered appropriate for the preparation of
a wildlife habitat conservation and management plan, as
established by rules of the State Department of Fish and
Wildlife.
(2) 'Department' means the State Department of Fish and
Wildlife.
(3) 'Lot' has the meaning given that term in ORS 92.010.
(4) 'Parcel' has the meaning given that term in ORS 215.010.
(5) 'Wildlife habitat conservation and management plan' or '
plan' means a plan developed by a cooperating agency and
landowner that specifies the conservation and management
practices, including farm and forest uses consistent with the
overall intent of the plan, that will be conducted to preserve
and improve wildlife habitat on an affected lot or parcel. + }
SECTION 5. { + Rules on wildlife habitat conservation and
management plans. (1)(a) The State Fish and Wildlife Commission
shall adopt rules specifying the form and content of a wildlife
habitat conservation and management plan that is sufficient for
land that is subject to the plan to be specially assessed under
sections 3 to 10 of this 2003 Act.
(b) The rules adopted pursuant to this section shall:
(A) Specify the conservation and management practices that are
appropriate to preserve and enhance wildlife common to the
diverse regions of this state; and
(B) Specify that wildlife habitat conservation and management
plans may include those efforts that improve water quality,
protect and restore fish and wildlife habitats, recover
threatened or endangered species, enhance stream flows and
maintain or restore long-term ecological health, diversity and
productivity on a broad geographic scale.
(2) Under rules adopted pursuant to this section, the
commission shall allow:
(a) Accepted agricultural and forestry practices as an integral
part of the wildlife habitat conservation and management
practices specified in an approved plan; and
(b) The lease or sale of in-stream water rights as an integral
part of the wildlife habitat conservation and management
practices specified in an approved plan.
(3) The rules shall be reviewed periodically by the commission
and revised when considered necessary or appropriate by the
commission. + }
SECTION 6. { + Plan submission and review. (1) An owner of
land described in section 7 of this 2003 Act who seeks special
assessment under sections 3 to 10 of this 2003 Act shall first
submit a proposed wildlife habitat conservation and management
plan to the State Department of Fish and Wildlife for review.
(2) The department shall review each submitted plan for
compliance with the standards set forth in the rules adopted
under section 5 of this 2003 Act and shall determine if the plan
is being implemented.
(3) Upon completing a review of a proposed plan and determining
that the plan is in compliance with the standards set forth in
the rules adopted under section 5 of this 2003 Act and is being
implemented, the department shall issue to the landowner a
written declaration that the land is subject to a wildlife
habitat conservation and management plan approved by the
department and that the landowner has begun implementing.
(4) The State Fish and Wildlife Commission may establish by
rule a limit on the number of plans that may be approved in each
calendar year. An application that is not approved because the
maximum number of plans for a year has already been approved
shall be held for consideration for approval for the next
year. + }
SECTION 7. { + State Fish and Wildlife Commission approval.
(1) At the request of the governing body of a county, the State
Fish and Wildlife Commission may designate the following land in
unincorporated areas within the county as eligible for wildlife
habitat special assessment:
(a) Any land that is zoned for exclusive farm use, mixed farm
and forest use or forest use under a land use planning goal
protecting agricultural land or forestland; or
(b) Land that is clearly identifiable as containing significant
wildlife habitat.
(2) At the request of the governing body of a city, the
commission may designate the following land within the city as
eligible for wildlife habitat special assessment:
(a) Any land that is zoned for exclusive farm use, mixed farm
and forest use or forest use under a land use planning goal
protecting agricultural land or forestland; or
(b) Land that is clearly identifiable as containing significant
wildlife habitat.
(3) With the prior consent of the governing body of a city, the
county in which all or a part of the city is located may apply to
the commission on behalf of the city for designation of any area
that is within both the city and the county as eligible for
wildlife habitat special assessment.
(4) The commission may designate land described in subsection
(1) or (2) of this section as eligible for wildlife habitat
special assessment only if the commission finds:
(a) That designation will promote the findings in section 1 of
this 2003 Act and the policy in section 3 of this 2003 Act; and
(b) That the land described in subsection (1) or (2) of this
section is of the nature and quality to allow for implementation
of wildlife habitat conservation and management plans approved
under rules adopted pursuant to section 5 of this 2003 Act.
(5) Land may not qualify for wildlife habitat special
assessment under section 8 of this 2003 Act unless the commission
has determined that the land is eligible for wildlife habitat
special assessment under this section. + }
SECTION 7a. { + (1) The governing body of the city or county
that requested designation under section 7 of this 2003 Act may
request that the State Fish and Wildlife Commission remove that
designation.
(2) The commission shall remove the designation if:
(a) The city or county demonstrates that the designation
creates an economic burden for the city or county; and
(b) The commission finds that the economic burden is
significant. + }
SECTION 7b. { + A determination by the State Fish and Wildlife
Commission to designate land as eligible for wildlife habitat
special assessment under section 7 of this 2003 Act or to remove
that designation under section 7a of this 2003 Act shall for
property tax purposes be effective as of the tax year beginning
the July 1 immediately following the determination. + }
SECTION 8. { + Application for special assessment; approval.
(1) When a wildlife habitat conservation and management plan is
approved by the State Department of Fish and Wildlife and is
implemented, the owner of the land subject to the plan may apply
to the county assessor to receive wildlife habitat special
assessment.
(2) Application shall be made to the county assessor on forms
prepared by the Department of Revenue and supplied by the county
assessor.
(3) Applications for wildlife habitat special assessment shall
be made to the county assessor on or before April 1 of the first
assessment year for which the assessment is desired. The
application shall include:
(a) A copy of the wildlife habitat conservation and management
plan.
(b) A certified copy of the declaration described in section 6
(3) of this 2003 Act.
(c) A description of the land that is the subject of the
application that is sufficient for the county assessor to
determine whether the land for which wildlife habitat special
assessment is sought is within an area eligible for wildlife
habitat special assessment.
(d) A statement that the applicant is aware of the potential
tax liability that arises under ORS 308A.703 upon
disqualification from wildlife habitat special assessment.
(e) An affirmation that the statements contained in the
application are true.
(4) An application to the county assessor shall be deemed
approved unless, before August 15 of the year in which the
application was filed, the assessor notifies the applicant in
writing that the application has been wholly or partially denied.
(5) Whether land that is subject to a wildlife habitat
conservation and management plan qualifies for special assessment
under this section shall be determined as of January 1 of the
assessment year. If land so qualified becomes disqualified prior
to July 1 of the same assessment year, the land shall be valued
under ORS 308.232 at its real market value as defined by law
without regard to this section and shall be assessed at its
assessed value under ORS 308.146 or as otherwise provided by law.
If the land becomes disqualified on or after July 1, the land
shall continue to qualify for special assessment as provided in
this section for the current tax year. + }
SECTION 9. { + Valuation. (1) The county assessor shall value
land for wildlife habitat special assessment in accordance with
this section.
(a) For property that was specially assessed during the
previous assessment year under a program listed in ORS 308A.706
(1)(d), the property shall continue to have a specially assessed
value, a maximum assessed value and an assessed value as
determined under whichever of the following was an applicable
method of valuation for the previous assessment year:
(A) Under ORS 308A.050 to 308A.128; or
(B) Under ORS 321.354 or 321.812.
(b) For property that was not specially assessed during the
previous assessment year, the property shall have a specially
assessed value, a maximum assessed value and an assessed value:
(A) Determined under ORS 321.354 or 321.812 if, at the time of
application, the land has growing upon it trees of a marketable
species and in numbers sufficient to meet requirements for
designated forestland under ORS 321.358 or 321.815; or
(B) If the criteria set forth in subparagraph (A) of this
paragraph are not satisfied, determined under ORS 308A.050 to
308A.128.
(2) For property subject to wildlife habitat special
assessment, the county assessor shall enter on the assessment and
tax roll the notation 'potential additional tax liability' until
the land is disqualified under section 10 of this 2003 Act. + }
SECTION 10. { + Disqualification. (1) Land subject to a
wildlife habitat conservation and management plan shall be
inspected by the State Department of Fish and Wildlife
periodically to ensure that the land is managed in accordance
with the plan. If the plan is not being implemented as approved,
the department shall notify the landowner and require compliance
measures to be taken within six months. If the plan is still not
being implemented as required by the department at the end of the
six-month period, the department shall notify the county assessor
that the plan is not being implemented as approved.
(2) The county assessor shall disqualify the land from wildlife
habitat special assessment upon:
(a) Notice from the department as described in subsection (1)
of this section;
(b) Notice of request by the landowner for withdrawal of the
land from wildlife habitat special assessment;
(c) Sale or transfer to an ownership making the land exempt
from ad valorem property taxation;
(d) The land qualifying for another special assessment listed
in ORS 308A.703 (1); or
(e) The act of recording a subdivision plat under ORS chapter
92.
(3) If, pursuant to subsection (2)(e) of this section, the
county assessor disqualifies land for wildlife habitat special
assessment upon the act of recording a subdivision plat, the land
may requalify for wildlife habitat special assessment upon:
(a) Payment of all additional tax and interest that remains due
and owing as a result of the disqualification;
(b) Compliance with sections 3 to 10 of this 2003 Act; and
(c) Submission of an application for wildlife habitat special
assessment under section 8 of this 2003 Act and approval of the
application by the county assessor.
(4) Upon disqualification, additional taxes shall be determined
as provided in ORS 308A.700 to 308A.733. + }
SECTION 11. { + Sections 3 to 10 of this 2003 Act apply to tax
years beginning on or after July 1, 2004. + }
{ +
HOMESITES + }
SECTION 12. ORS 308A.253 is amended to read:
308A.253. { + Qualification of homesites. + } (1) Land under
a dwelling that is used in conjunction with the activities
customarily carried on in the management and operation of
forestland held or used for the predominant purpose of growing
and harvesting trees of a marketable species shall qualify for
special assessment under ORS 308A.256.
(2) Land under dwellings located within an exclusive farm use
zone and used in conjunction with farm use shall qualify for
special assessment under ORS 308A.256.
(3) Land under dwellings used in conjunction with the farm use
of nonexclusive farm use zone farmland shall qualify for special
assessment under ORS 308A.256 if the farmland was operated as a
part of a farm unit that produced more than one-half of the
adjusted gross income of the owner or owners in the year prior to
the year an application is filed under this section.
{ + (4) Land under a dwelling on a lot or parcel that is
specially assessed under sections 3 to 10 of this 2003 Act shall
qualify for special assessment under ORS 308A.256 if the land
associated with the homesite:
(a) Was the subject of an application for wildlife habitat
special assessment under section 8 of this 2003 Act and includes
an existing homesite that was specially assessed under one of the
special assessments listed in ORS 308A.703 (1) during the
assessment year prior to application; or
(b)(A) Is zoned in the comprehensive plan for exclusive farm
use, forest use or farm and forest use; and
(B) The parcel has a minimum of 10 acres that meet the stocking
and species requirements of land specially assessed under ORS
321.354 or 321.812. + }
{ - (4) - } { + (5) + } For purposes of ORS 308A.250 to
308A.259, the use of a dwelling 'in conjunction with the
activities customarily carried on in the management and operation
of forestland ' includes but is not limited to use of the
dwelling under circumstances as follows:
(a) The dwelling is owned and occupied by a person who is
engaged in the operation of the forestland, is occupied by an
employee of the owner of forestland who is employed in connection
with the forest operation or is occupied by a person who is
involved in the forest operation; or
(b) The dwelling is owned and occupied by a person who is no
longer engaged in the forest operation but:
(A) Whose principal source of income is derived from the
harvest of timber from the forestland on which the dwelling is
located;
(B) Who owned and occupied the dwelling, and was engaged in the
forest operation, during the five consecutive tax years before
the tax year in which engagement in the forest operation ended;
and
(C) Who has owned and occupied the dwelling continuously during
the period since engagement in the forest operation ended. For
purposes of this subparagraph, 'continuous' includes any period
in which the dwelling is unoccupied because of health, vacation
or other reason, if during the period the dwelling is not leased
or rented to another person.
{ - (5) - } { + (6) + } For purposes of ORS 308A.250 to
308A.259, the use of a dwelling 'in conjunction with farm use' of
farm use land includes but is not limited to use of the dwelling
under circumstances as follows:
(a) The dwelling is owned and occupied by a person who is
engaged in the operation of the farm use land, is occupied by an
employee of the owner of farm use land who is employed in
connection with the farming operation or is occupied by a person
who is involved in the farming operation; or
(b) The dwelling is owned and occupied by a person who is no
longer engaged in the farm operation on the farm use land but:
(A) Whose principal source of income is from the farm operation
on the farm use land on which the dwelling is located;
(B) Who owned and occupied the dwelling, and was engaged in the
farm operation, during the five consecutive tax years before the
tax year in which engagement in the farm operation ended; and
(C) Who has owned and occupied the dwelling continuously during
the period since engagement in the farm operation ended. For
purposes of this subparagraph, 'continuous' includes any period
in which the dwelling is unoccupied because of health, vacation
or other reason, if during the period the dwelling is not leased
or rented to another person.
{ - (6)(a) - } { + (7)(a) + } In order for land described
in subsection (3) of this section to qualify for assessment under
ORS 308A.250 to 308A.259, the owner or owners shall file an
application with the county assessor on or before April 15 of
each year the assessment is desired. The application shall be
made on forms prepared by the Department of Revenue and supplied
by the assessor and shall include any information as may be
reasonably required to determine the entitlement of the
applicant, including copies of applicable state income tax
returns. All information provided, including determinations made
under administrative and court proceedings where entitlement is
in issue, shall be confidential information of the assessor's
office and shall be used only for purposes of this subsection.
(b) There shall be attached to each application an affidavit or
affirmation from the applicant providing that the statements
contained in the application are true.
SECTION 13. { + The amendments to ORS 308A.253 by section 12
of this 2003 Act apply to tax years beginning on or after July 1,
2004. + }
{ +
LOCATION OF DWELLINGS ON + }
{ +
WILDLIFE HABITAT LAND + }
SECTION 14. { + Dwellings. (1) New and existing dwellings may
be allowed on a lot or parcel subject to wildlife habitat special
assessment as follows:
(a) Lawfully existing dwellings, pursuant to ORS 215.130 (5) to
(11), may remain.
(b) For a lot or parcel without an existing dwelling, dwellings
may be allowed if each dwelling for which the landowner seeks
approval complies with all applicable requirements under the
county's acknowledged zoning ordinance.
(2) The fact that a lot or parcel is subject to wildlife
habitat special assessment may not make it easier or more
difficult for a landowner to obtain approval for a dwelling on
the lot or parcel. + }
{ +
CONFORMING AMENDMENTS + }
SECTION 15. ORS 308A.318 is amended to read:
308A.318. (1) When land has once been classified under ORS
308A.300 to 308A.330, it shall remain under such classification
and it shall not be applied to any other use than as open space
unless withdrawn from classification as provided in subsection
(2) of this section, except that if the use as open space land
changes from one open space use to another open space use, such
as a change from park purposes to golf course land, the owner
shall notify the assessor of such change prior to the next
January 1 assessment date.
(2) During any year after classification, notice of request for
withdrawal may be given by the owner to the county assessor or
assessors of the county or counties in which such land is
situated. The county assessor or assessors, as the case may be,
shall withdraw such land from such classification, and
immediately shall give written notice of the withdrawal to the
granting authority that classified the land; and additional real
property taxes shall be collected on such land in an amount equal
to the total amount of potential additional taxes computed under
ORS 308A.312 (3) during each year in which the land was
classified, together with interest at the rate of two-thirds of
one percent a month, or fraction of a month, from the dates on
which such additional taxes would have been payable had the land
not been so classified, limited to a total amount not in excess
of the dollar difference in the value of the land as open space
land for the last year of classification and the real market
value under ORS 308.205 for the year of withdrawal.
(3) If the owner fails to give the notice required under
subsection (1) of this section during the period of
classification, upon withdrawal under subsection (2) of this
section, the assessor shall add to the tax extended against the
land previously classified, an amount, if any, equal to the
additional taxes that would have been collected had the assessor
valued the classified land on the basis of the changed open space
use, together with interest at the rate of two-thirds of one
percent a month, or fraction of a month, from the dates on which
such additional taxes would have been payable.
{ + (4) Notwithstanding subsection (2) of this section, open
space lands that qualify for wildlife habitat special assessment
under sections 3 to 10 of this 2003 Act may be disqualified from
open space special assessment and qualified for wildlife habitat
special assessment without payment of any additional tax under
this section.
(a) The additional tax as determined under subsection (2) of
this section shall remain a potential liability notated on the
assessment and tax roll, separate from and in addition to the
wildlife habitat potential additional tax described in section 9
of this 2003 Act.
(b) The interest as described in subsection (2) of this section
shall be frozen for as long as the land remains in wildlife
habitat special assessment.
(c) If the land is disqualified from wildlife habitat special
assessment and again becomes qualified for open space special
assessment, the open space potential tax calculation shall resume
as of the date of the renewed open space use special assessment
qualification. + }
SECTION 16. ORS 308A.703 is amended to read:
308A.703. (1) This section applies to land upon the land's
disqualification from special assessment under any of the
following sections:
(a) Exclusive farm use zone farmland under ORS 308A.113;
(b) Nonexclusive farm use zone farmland under ORS 308A.116;
(c) Western Oregon designated forestland under ORS 321.359;
(d) Eastern Oregon designated forestland under ORS 321.820;
(e) Western Oregon Small Tract Optional Tax classification
under ORS 321.760; or
(f) Wildlife habitat { - open space use - } { + special + }
assessment under { - ORS 215.808 - } { + section 10 of this
2003 Act + }.
(2) Following a disqualification listed in subsection (1) of
this section, an additional tax shall be added to the tax
extended against the land on the next assessment and tax roll, to
be collected and distributed in the same manner as other ad
valorem property tax moneys. The additional tax shall be equal to
the difference between the taxes assessed against the land and
the taxes that would otherwise have been assessed against the
land, for each of the number of years determined under subsection
(3) of this section.
(3) The number of years for which additional taxes shall be
calculated shall equal the lesser of the number of consecutive
years the land had qualified for the special assessment program
for which disqualification has occurred or:
(a) Ten years, in the case of exclusive farm use zone farmland,
but only if the land, immediately following disqualification,
remains outside an urban growth boundary;
(b) Ten years, in the case of wildlife habitat { - open space
use - } { + special + } assessment land within an exclusive
farm use zone, but only if the land, immediately following
disqualification, remains outside an urban growth boundary; or
(c) Five years, in the case of:
(A) Nonexclusive farm use zone farmland;
(B) Western Oregon designated forestland;
(C) Eastern Oregon designated forestland;
(D) Western Oregon Small Tract Optional Tax classified
forestland;
(E) Exclusive farm use zone farmland that is not described in
paragraph (a) of this subsection; or
(F) Wildlife habitat { - open space use - } special
assessment land that is not described in paragraph (b) of this
subsection.
(4) The additional taxes described in this section shall be
deemed assessed and imposed in the year to which the additional
taxes relate.
(5) If the disqualification of the land is the result of the
sale or transfer of the land to an ownership making the land
exempt from ad valorem property taxation, the lien for additional
taxes shall attach as of the day preceding the sale or transfer.
(6) The amount determined to be due under this section may be
paid to the tax collector prior to the time of the next general
property tax roll, pursuant to the provisions of ORS 311.370.
(7) If additional taxes are imposed under this section as a
result of the declassification of Western Oregon Small Tract
Optional Tax classified forestland, the following amounts shall
be added to and considered a part of the additional taxes
otherwise due under this section, to be collected in the same
manner in which additional taxes are collected:
(a) The amount of privilege taxes that would have been payable
under ORS 321.257 to 321.322, during the five years immediately
preceding the extension of additional taxes on the tax roll; and
(b) Interest on the amounts of taxes added pursuant to
paragraph (a) of this subsection at the rate of six percent a
year from the date at which such increased taxes would have been
payable if the forestland had been valued without regard to ORS
321.720.
(8) The Department of Revenue shall provide the amounts
described in subsection (7) of this section to the county
assessor.
SECTION 17. ORS 308A.706 is amended to read:
308A.706. (1) Notwithstanding that land may have been
disqualified from special assessment, the additional taxes
described under ORS 308A.703 shall not be imposed and shall
remain a potential tax liability if, as of the date the
disqualification is taken into account on the assessment and tax
roll, the land is any of the following:
(a) Disqualified exclusive farm use zone farmland or
nonexclusive farm use zone farmland that:
(A) Is not being used as farmland; and
(B) Is not being used for industrial, commercial, residential
or other use that is incompatible with a purpose to return the
land to farm use.
(b) Acquired by a governmental agency or body as a result of an
exchange of the land for land of approximately equal value held
by the governmental agency or body.
(c) Acquired and used for natural heritage purposes and all of
the following additional requirements are met:
(A) The land is registered under ORS 273.581 as a natural
heritage conservation area;
(B) The land is acquired by a private nonprofit corporation;
(C) The land is retained by the corporation, or transferred to
the state by the corporation, for the purpose of educational,
scientific and passive recreational use consistent with
conservation of the ecological values and natural heritage
elements of the area;
(D) If the land is retained by the corporation, it remains open
to the public without charge for the uses described in
subparagraph (C) of this paragraph; and
(E) The land is managed pursuant to a voluntary management
agreement under ORS 273.581 (5).
(d) Qualified for special assessment under:
(A) ORS 308A.062, relating to farm use special assessment of
land in an exclusive farm use zone;
(B) ORS 308A.068, relating to farm use special assessment of
nonexclusive farm use zone farmland;
(C) ORS 321.358, relating to classification as designated
forestland in western Oregon;
(D) ORS 321.730, relating to classification as Western Oregon
Small Tract Optional Tax forestland;
(E) ORS 321.815, relating to classification as designated
forestland in eastern Oregon; or
(F) { - ORS 215.808 - } { + Section 8 of this 2003 Act + },
relating to wildlife habitat { - open space use - }
{ + special + } assessment.
(e) Declassified Western Oregon Small Tract Optional Tax
forestland that is considered to be western Oregon designated
forestland under ORS 321.347 (4).
(f) Disqualified nonexclusive farm use zone farmland, to the
extent the additional taxes are deferred or abated as provided in
ORS 308A.119.
(2) In any case where the additional tax is deferred under the
provisions of this section but may subsequently be imposed under
ORS 308A.712, the county assessor shall continue to enter the
notation 'potential additional tax liability' on the assessment
and tax roll.
SECTION 18. ORS 308A.718 is amended to read:
308A.718. (1) The county assessor shall send notice as provided
in this section if land is disqualified under any of the
following special assessment programs:
(a) Farm use special assessment under ORS 308A.050 to 308A.128.
(b) Farm or forest homesite special assessment under ORS
308A.250 to 308A.259.
(c) Western Oregon designated forestland special assessment
under ORS 321.347, 321.348, 321.353, 321.358 and 321.359.
(d) Eastern Oregon designated forestland special assessment
under ORS 321.805 to 321.825.
{ + (e) Wildlife habitat special assessment under
sections 3 to 10 of this 2003 Act. + }
(2) Notwithstanding that a change in use described in this
section is not a disqualification, the assessor shall send notice
as provided in this section when the highest and best use of land
changes from forestland to a different highest and best use.
(3) Within 30 days after the date that land is disqualified
from special assessment, the assessor shall notify the taxpayer
in writing of the disqualification and shall state the reason for
the disqualification.
(4) Following receipt of the notification, the taxpayer may
appeal the assessor's determination to the Oregon Tax Court
within the time and in the manner provided in ORS 305.404 to
305.560.
(5)(a) When any land has been granted special assessment under
any of the special assessment laws listed in subsection (1) of
this section and the land is disqualified from such special
assessment, the county assessor shall furnish the owner with a
written explanation summarizing:
(A) ORS 308A.706 (1)(d) (relating to change in special
assessment);
(B) ORS 308A.727 (relating to change in use to open space use
special assessment for certain golf courses);
(C) The administrative act necessary under ORS 308A.724 to
change the property to another classification described in this
paragraph; and
(D) The imposition of any penalties that would result from the
disqualification if no requalification or reclassification is
made under one of the other special assessment laws listed in
this paragraph.
(b) The written explanation required by this subsection shall
be given in conjunction either with the notice of
disqualification required under this section or with an order or
notice of disqualification otherwise provided by law.
(c)(A) If no notice of disqualification is required to be made
by this section or other provision of law, the written
explanation required by this subsection shall be made by the
county assessor.
(B) A written explanation made under this paragraph shall be
made by the assessor within 30 days of the effective date of the
disqualification.
(6) Subsections (1) to (5) of this section do not apply if the
reason for the disqualification is:
(a) The result of a request for disqualification by the
property owner; or
(b) Because the property is being acquired by a government or
tax-exempt entity.
SECTION 19. ORS 215.236 is amended to read:
215.236. (1) As used in this section, 'dwelling' means a
single-family residential dwelling not provided in conjunction
with farm use.
(2) The governing body or its designee may not grant final
approval of an application made under ORS 215.213 (3) or 215.284
(1), (2), (3), (4) or (7) for the establishment of a dwelling on
a lot or parcel in an exclusive farm use zone that is, or has
been, receiving special assessment without evidence that the lot
or parcel upon which the dwelling is proposed has been
disqualified for special assessment at value for farm use under
ORS 308A.050 to 308A.128 or other special assessment under ORS
308A.315, 321.257 to 321.390, 321.730 or 321.815 and any
additional tax imposed as the result of disqualification has been
paid.
(3) The governing body or its designee may grant tentative
approval of an application made under ORS 215.213 (3) or 215.284
(1), (2), (3), (4) or (7) for the establishment of a dwelling on
a lot or parcel in an exclusive farm use zone that is specially
assessed at value for farm use under ORS 308A.050 to 308A.128
upon making the findings required by ORS 215.213 (3) or 215.284
(1), (2), (3), (4) or (7). An application for the establishment
of a dwelling that has been tentatively approved shall be given
final approval by the governing body or its designee upon receipt
of evidence that the lot or parcel upon which establishment of
the dwelling is proposed has been disqualified for special
assessment at value for farm use under ORS 308A.050 to 308A.128
and any additional tax imposed as the result of disqualification
has been paid.
(4) The owner of a lot or parcel upon which the establishment
of a dwelling has been tentatively approved as provided by
subsection (3) of this section shall, before final approval,
simultaneously:
(a) Notify the county assessor that the lot or parcel is no
longer being used as farmland;
(b) Request that the county assessor disqualify the lot or
parcel for special assessment under ORS 308A.050 to 308A.128,
308A.315, 321.257 to 321.390, 321.730 or 321.815; and
(c) Pay any additional tax imposed upon disqualification from
special assessment.
(5) { + Except as provided in subsection (6) of this section,
+ }a lot or parcel that has been disqualified pursuant to
subsection (4) of this section may not requalify for special
assessment unless, when combined with another contiguous lot or
parcel, it constitutes a qualifying parcel.
{ + (6)(a) A lot or parcel that has been disqualified
pursuant to subsection (4) of this section may requalify for
wildlife habitat special assessment under sections 3 to 10 of
this 2003 Act without satisfying the requirements of subsection
(5) of this section.
(b) Upon disqualification from wildlife habitat special
assessment under section 10 of this 2003 Act, the lot or parcel
shall be subject to the requirements of subsection (5) of this
section. + }
{ - (6) - } { + (7) + } When the owner of a lot or parcel
upon which the establishment of a dwelling has been tentatively
approved notifies the county assessor that the lot or parcel is
no longer being used as farmland and requests disqualification of
the lot or parcel for special assessment at value for farm use,
the county assessor shall:
(a) Disqualify the lot or parcel for special assessment at
value for farm use under ORS 308A.050 to 308A.128 or other
special assessment by removing the special assessment;
(b) Provide the owner of the lot or parcel with written notice
of the disqualification; and
(c) Impose the additional tax, if any, provided by statute upon
disqualification.
{ - (7) - } { + (8) + } The Department of Consumer and
Business Services, a building official, as defined in ORS 455.715
(1), or any other agency or official responsible for the
administration and enforcement of the state building code, as
defined in ORS 455.010, may not issue a building permit for the
construction of a dwelling on a lot or parcel in an exclusive
farm use zone without evidence that the owner of the lot or
parcel upon which the dwelling is proposed to be constructed has
paid the additional tax, if any, imposed by the county assessor
under subsection { - (6)(c) - } { + (7)(c) + } of this
section.
SECTION 20. ORS 308A.724 is amended to read:
308A.724. (1)(a) In order for additional taxes imposed under
ORS 308A.703 to be deferred under ORS 308A.706 (1)(d) (relating
to change in special assessment), the owner must file an
application or claim for classification under another special
assessment law.
(b) If the disqualification is effective prior to July 1 in any
year, the owner shall file the required claim or application on
or before August 1 of that year.
(c) If the disqualification is effective on or after July 1 in
any year, the county taxing authorities shall continue the
classification on the current assessment and tax rolls, and the
owner shall file the required claim or application in the next
calendar year in accordance with the laws governing the
particular special assessment program.
(2) If an owner of land disqualified under one of the special
assessment laws listed in ORS 308A.706 (1)(d) seeks to qualify
for farm use special assessment of nonexclusive farm use zone
farmland under ORS 308A.068, the owner shall have five years,
beginning with the first year in which application is made under
this section, to qualify for the two-year farm use requirement of
ORS 308A.068 and the income requirement under ORS 308A.071.
(3) Notwithstanding subsection (1) of this section, an owner
may make application under this section at any time within 30
days of the date notice of disqualification is sent by the
assessor under ORS 308A.718 or declassification certification is
made by the State Forester under ORS 321.760.
{ + (4) Notwithstanding subsections (1) to (3) of this
section, an owner of land disqualified from wildlife habitat
special assessment under section 10 of this 2003 Act that was
previously subject to ORS 215.236 (5) may not apply for another
special assessment under this section without first satisfying
the requirements of ORS 215.236 (5). + }
SECTION 21. { + The amendments to ORS 215.236, 308A.318,
308A.703, 308A.706, 308A.718 and 308A.724 by sections 15 to 20 of
this 2003 Act apply to tax years beginning on or after July 1,
2004. + }
{ + NOTE: + } Sections 22 through 30 were deleted by
amendment. Subsequent sections were not renumbered.
{ +
STEWARDSHIP AGREEMENTS + }
SECTION 31. { + Stewardship agreements; rules; procedures for
adoption; contents. (1) As used in this section, 'stewardship
agreement' means an agreement voluntarily entered into and signed
by a landowner, or representative of the landowner, and the State
Department of Agriculture or the State Board of Forestry that
sets forth the terms under which the landowner will self-regulate
to meet and exceed applicable regulatory requirements and achieve
conservation, restoration and improvement of fish and wildlife
habitat or water quality.
(2) The State Department of Agriculture and the State Board of
Forestry may, individually or jointly, enter into stewardship
agreements with landowners.
(3) The purposes of a stewardship agreement are to provide:
(a) An incentive for landowners to provide for conservation,
restoration and improvement of fish and wildlife habitat or water
quality;
(b) A mechanism to coordinate, facilitate and memorialize a
landowner's compliance with the requirements of state and federal
regulatory schemes; and
(c) A mechanism to combine or coordinate multiple incentive
programs among agencies and levels of government to:
(A) Improve the delivery of financial and technical assistance
to landowners engaged in conservation activities;
(B) Reduce redundancy among programs;
(C) Simplify application procedures;
(D) Leverage the investment of federal funds;
(E) Make more efficient use of technical assistance funds;
(F) Provide greater incentives for landowners;
(G) Foster partnerships and improve cooperation with
nongovernmental organizations;
(H) Provide greater environmental benefits;
(I) Tailor and more effectively target conservation programs
administered by federal, state and local governments to the
unique conservation needs of, and opportunities presented by,
individual parcels of eligible land; and
(J) Give landowners an increased level of regulatory certainty.
(4) The State Board of Forestry and the State Department of
Agriculture, in consultation with the State Department of Fish
and Wildlife, shall adopt by rule procedures and criteria for
stewardship agreements. The procedures and criteria shall
include, but need not be limited to:
(a) The certification of a land management plan which shall, at
a minimum, include:
(A) A comprehensive description and inventory of the subject
property, its features and uses; and
(B) A prescription for the protection of resources that exceeds
land management practices, standards and activities otherwise
required by law and that is designed to achieve conservation,
restoration and improvement of fish and wildlife habitat or water
quality.
(b) A requirement that each landowner subject to a stewardship
agreement demonstrate a clear capability to carry out the
provisions of the land management plan and have a past record of
good compliance with applicable laws and regulations regarding
land use and management.
(5) Each government agency that is a party to a stewardship
agreement shall conduct periodic audits on lands subject to the
stewardship agreement to determine whether the land management
plan is being implemented and whether the agreement should be
continued, revised or discontinued.
(6) Stewardship agreements may provide benefits to landowners
that include, but are not limited to:
(a) Expedited permit processing;
(b) Regulatory certainty;
(c) Priority consideration for cost-share assistance or other
financial incentives and technical assistance; and
(d) Government certification that certain land management
practices have been implemented. + }
{ +
REPEAL OF EXISTING WILDLIFE HABITAT + }
{ +
SPECIAL ASSESSMENT PROGRAM + }
SECTION 32. { + (1) Any land that, but for this section, would
be assessed as provided in ORS 215.808 for the tax year beginning
July 1, 2004, is disqualified from assessment under ORS 215.808
and, notwithstanding section 8 of this 2003 Act, is subject to
wildlife habitat special assessment under sections 3 to 10 of
this 2003 Act for the tax year beginning July 1, 2004.
(2) Additional taxes may not be imposed as a result of a
disqualification under this section.
(3) Any county that has not forbidden, by a resolution or other
decision of the county governing body, the establishment of
wildlife habitat conservation and management plans as of January
1, 2003, pursuant to ORS 215.802 (2), as amended and in effect on
January 1, 2003, shall be deemed to have the land described in
section 7 (1) of this 2003 Act designated as eligible for
wildlife habitat special assessment under section 7 of this 2003
Act. + }
SECTION 33. { + ORS 215.800, 215.801, 215.802, 215.804,
215.806 and 215.808 are repealed December 31, 2004. + }
SECTION 34. ORS 308A.053 is amended to read:
308A.053. As used in ORS 308A.050 to 308A.128:
(1) 'Exclusive farm use zone' means a zoning district
established by a county or a city under the authority granted by
ORS chapter 215 or 227 that is consistent with the farm use zone
provisions set forth in ORS 215.203 to 215.311, 215.438, 215.448,
215.452, 215.455 { - , - } { + or + } 215.700 to 215.780
{ - or 215.800 to 215.808 - } .
(2) 'Exclusive farm use zone farmland' means land that
qualifies for special assessment under ORS 308A.062.
(3) 'Homesite' means the land, including all tangible
improvements to the land under and adjacent to a dwelling and
other structures, if any, that are customarily provided in
conjunction with a dwelling.
(4) 'Nonexclusive farm use zone farmland' means land that is
not within an exclusive farm use zone but that qualifies for farm
use special assessment under ORS 308A.068.
SECTION 35. ORS 308A.743 is amended to read:
308A.743. (1) Land that is specially assessed under ORS
{ - 215.800 to 215.808, - } 308A.050 to 308A.128, 308A.300 to
308A.330, 321.257 to 321.390, 321.705 to 321.765 or 321.805 to
321.825 { + or sections 3 to 10 of this 2003 Act + }, or land
that is exempt from property tax under ORS 308A.350 to 308A.383,
may not be disqualified from the special assessment or exemption,
and may not be subject to additional taxes under ORS 308A.700 to
308A.733 { + or other law + }, if the property owner has:
(a) Entered into a wildlife habitat conservation and management
plan, as described in { - ORS 215.800 to 215.808 - } { +
sections 3 to 10 of this 2003 Act + }, approved by the State
Department of Fish and Wildlife; or
(b) Executed a conservation easement, as defined in ORS
271.715, or a deed restriction and the land:
(A) Is managed in compliance with the conservation easement or
deed restriction; and
(B) Continues to meet the requirements for special assessment
or exemption. The existence of the conservation easement or deed
restriction may not cause the disqualification of the land from
special assessment or exemption or preclude the disqualification
of the land from special assessment or exemption for some other
reason.
(2) A property owner who executes a conservation easement may
convey the easement to a land trust or other qualified entity
without a loss of benefits under this section.
(3) In order for land to be subject to this section:
(a) The conservation easement, deed restriction or wildlife
habitat conservation and management plan must be recorded in the
records of the clerk of the county in which the land is located;
and
(b) A copy of the conservation easement, deed restriction or
wildlife habitat conservation and management plan, along with the
property tax account number for the land, must be sent to the
county assessor.
SECTION 36. { + The amendments to ORS 308A.053 and 308A.743 by
sections 34 and 35 of this 2003 Act apply to tax years beginning
on or after July 1, 2004. + }
{ +
OTHER REPEALS + }
SECTION 37. { + ORS 527.662 is repealed. + }
SECTION 38. ORS 526.041 is amended to read:
526.041. The forester, under the general supervision of the
State Board of Forestry, shall:
(1) In compliance with ORS 183.310 to 183.550, promulgate rules
consistent with law for the enforcement of the state forest laws
relating directly to the protection of forestland and the
conservation of forest resources.
(2) Appoint and instruct fire wardens as provided in ORS
chapter 477.
(3) Direct the improvement and protection of forestland owned
by the State of Oregon.
(4) Collect data relative to forest conditions.
(5) Take action authorized by law to prevent and extinguish
forest, brush and grass fires.
(6) Enforce all laws pertaining to forestland and prosecute
violations of such laws.
(7) Cooperate with landowners, political subdivisions, private
associations and agencies and others in forest protection.
(8) Advise and encourage reforestation.
(9) Publish such information on forestry as the forester
determines to be in the public interest.
(10) Enter into contracts and cooperative agreements pertaining
to experiments and research in forestry.
(11) Sell, exchange or otherwise dispose of any real property
heretofore or hereafter acquired by the board for administrative
purposes and no longer needed.
(12) Coordinate any activities of the State Forestry Department
related to a watershed enhancement project approved by the Oregon
Watershed Enhancement Board under ORS 541.375 with activities of
other cooperating state and federal agencies participating in the
project.
(13) Prescribe uniform state standards for certification of
wildland fire training courses and educational programs.
{ - (14) Enter into stewardship agreements with owners of
forestland pursuant to ORS 527.662, to achieve the purposes of
the Oregon Forest Practices Act. - }
SECTION 39. ORS 527.670 is amended to read:
527.670. (1) The State Board of Forestry shall designate the
types of operations for which notice shall be required under this
section.
(2) The board shall determine by rule what types of operations
require a written plan to be approved by the State Forester.
(3)(a) The board's determination under subsection (2) of this
section shall require a written plan for operations:
(A) Within one hundred feet of a stream determined by the State
Forester to be used by fish or for domestic use, unless the
board, by rule, provides that a written plan is not required
because the proposed operation will be conducted according to a
general vegetation retention prescription described in
administrative rule;
(B) Within three hundred feet of a resource site inventoried
pursuant to ORS 527.710 (3)(a); or
(C) That will result in harvest type 3 in excess of 120 acres
pursuant to ORS 527.750.
(b) Plans submitted under paragraph (a)(C) of this subsection
are not subject to appeal under ORS 527.700 (3).
{ - (c) Notwithstanding paragraph (a) of this subsection,
written plans shall not be required for operations conducted in
accordance with a stewardship agreement as described in ORS
527.662. - }
(4) The distances set forth in subsection (3)(a)(A) and (B) of
this section are solely for the purpose of defining an area
within which a hearing may be requested under ORS 527.700 and not
the area to be protected by the board's rules adopted pursuant to
ORS 527.710 (3)(c).
(5) For the purpose of determining the distances set forth in
subsection (3)(a)(A) and (B) of this section 'site' means the
specific resource site and not any additional buffer area.
(6) An operator, timber owner or landowner, before commencing
an operation, shall notify the State Forester. The notification
shall be on forms provided by the State Forester and shall
include the name and address of the operator, timber owner and
landowner, the legal description of the operating area, and any
other information considered by the State Forester to be
necessary for the administration of the rules promulgated by the
board pursuant to ORS 527.710. Promptly upon receipt of such
notice, the State Forester shall send a copy of the notice to
whichever of the operator, timber owner or landowner did not
submit the notification. The State Forester shall send a copy of
notices involving chemical applications to persons within 10
miles of the chemical application who hold downstream surface
water rights pursuant to ORS chapter 537, if such a person has
requested that notification in writing. The board shall adopt
rules specifying the information to be contained in the notice.
All information filed with the State Forester pertaining to
chemical applications shall be public record.
(7) An operator, timber owner or landowner, whichever filed the
original notification, shall notify the State Forester of any
subsequent change in the information contained in the
notification.
(8) Within three working days of receipt of a notice or a
written plan filed under subsection (6) or (7) of this section,
the State Forester shall send a copy of the notice or written
plan to any person who requested of the State Forester in writing
that the person be sent copies of notice and written plan and who
has paid any applicable fee established by the State Forester for
such service. The State Forester may establish a fee for sending
copies of notices and written plans under this subsection not to
exceed the actual and reasonable costs. In addition, the State
Forester shall send a copy of the notification to the Department
of Revenue and the county assessor for the county in which the
operation is located, at times and in a manner determined through
written cooperative agreement by the parties involved.
(9) Persons may submit written comments pertaining to the
operation to the State Forester within 14 calendar days of the
date the notice or written plan was filed with the State Forester
under subsection (2), (6) or (7) of this section. Notwithstanding
the provisions of this subsection, the State Forester may waive
any waiting period for operations not requiring a written plan
under subsection (3) of this section, except those operations
involving aerial application of chemicals.
(10) Whenever an operator, timber owner or landowner is
required to submit a written plan of operations to the State
Forester under subsection (3)(a)(A) or (B) of this section, the
State Forester shall not approve any such written plan until 14
calendar days following the date the written plan was filed with
the State Forester. An operation may commence upon approval of
the written plan.
(11)(a) The State Forester shall issue a decision on a written
plan within five working days after the end of the 14-day period
described in subsection (10) of this section.
(b) If the State Forester fails to issue a decision within five
working days after the end of the 14-day period described in
subsection (10) of this section, the written plan shall be deemed
approved and the operation may be commenced.
(12) When the operation is required to have a written plan
under subsection (3)(a)(A) or (B) of this section and comments
have been timely filed under subsection (9) of this section
pertaining to the operation requiring a written plan, the State
Forester shall:
(a) Send a copy of the approved written plan to persons who
submitted timely written comments under subsection (9) of this
section pertaining to the operation; and
(b) Send to the operator, timber owner and landowner a copy of
the approved written plan and copies of all timely comments
submitted under subsection (9) of this section.
SECTION 40. ORS 527.710 is amended to read:
527.710. (1) In carrying out the purposes of ORS 527.610 to
527.770, 527.990 (1) and 527.992, the State Board of Forestry
shall adopt, in accordance with applicable provisions of ORS
183.310 to 183.550, rules to be administered by the State
Forester establishing standards for forest practices in each
region or subregion.
(2) The rules shall ensure the continuous growing and
harvesting of forest tree species. Consistent with ORS 527.630,
the rules shall provide for the overall maintenance of the
following resources:
(a) Air quality;
(b) Water resources, including but not limited to sources of
domestic drinking water;
(c) Soil productivity; and
(d) Fish and wildlife.
(3)(a) In addition to its rulemaking responsibilities under
subsection (2) of this section, the board shall collect and
analyze the best available information and establish inventories
of the following resource sites needing protection:
(A) Threatened and endangered fish and wildlife species
identified on lists that are adopted, by rule, by the State Fish
and Wildlife Commission or are federally listed under the
Endangered Species Act of 1973 as amended;
(B) Sensitive bird nesting, roosting and watering sites;
(C) Biological sites that are ecologically and scientifically
significant; and
(D) Significant wetlands.
(b) The board shall determine whether forest practices would
conflict with resource sites in the inventories required by
paragraph (a) of this subsection. If the board determines that
one or more forest practices would conflict with resource sites
in the inventory, the board shall consider the consequences of
the conflicting uses and determine appropriate levels of
protection.
(c) Based upon the analysis required by paragraph (b) of this
subsection, and consistent with the policies of ORS 527.630, the
board shall adopt rules appropriate to protect resource sites in
the inventories required by paragraph (a) of this subsection.
(4) Before adopting rules under subsection (1) of this section,
the board shall consult with other agencies of this state or any
of its political subdivisions that have functions with respect to
the purposes specified in ORS 527.630 or programs affected by
forest operations. Agencies and programs subject to consultation
under this subsection include, but are not limited to:
(a) Air and water pollution programs administered by the
Department of Environmental Quality under ORS chapters 468A and
468B and ORS 477.013 and 477.515 to 477.532;
(b) Mining operation programs administered by the Department of
Geology and Mineral Industries under ORS 516.010 to 516.130 and
ORS chapter 517;
(c) Game fish and wildlife, commercial fishing, licensing,
wildlife and bird refuge and fish habitat improvement tax
incentive programs administered by the State Department of Fish
and Wildlife under ORS 272.060, 315.134 and ORS chapters 496,
498, 501, 506 and 509;
(d) Park land, Willamette River Greenway, scenic waterway and
recreation trail programs administered by the State Parks and
Recreation Department under ORS 358.480 to 358.545, 390.310 to
390.368, 390.805 to 390.925, 390.950 to 390.989 and 390.121;
(e) The programs administered by the Columbia River Gorge
Commission under Public Law 99-663 and ORS 196.110 and 196.150;
(f) Removal and fill, natural heritage conservation and natural
heritage conservation tax incentive programs administered by the
State Land Board and the Division of State Lands under ORS
196.800 to 196.900, 273.553 to 273.591 and 541.700 to 541.990;
(g) Federal Safe Drinking Water Act programs administered by
the Department of Human Services under ORS 448.273 to 448.990;
(h) Natural heritage conservation programs administered by the
Natural Heritage Advisory Council under ORS 273.553 to 273.591;
(i) Open space land tax incentive programs administered by
cities and counties under ORS 308A.300 to 308A.330;
(j) Water resources programs administered by the Water
Resources Department under ORS 536.220 to 536.540; and
(k) Pesticide control programs administered by the State
Department of Agriculture under ORS chapter 634.
(5) In carrying out the provisions of subsection (4) of this
section, the board shall consider and accommodate the rules and
programs of other agencies to the extent deemed by the board to
be appropriate and consistent with the purposes of ORS 527.630.
(6) The board shall adopt rules to meet the purposes of another
agency's regulatory program where it is the intent of the board
to administer the other agency's program on forestland and where
the other agency concurs by rule. An operation performed in
compliance with the board's rules shall be deemed to comply with
the other agency's program.
(7)(a) The board may enter into cooperative agreements or
contracts necessary in carrying out the purposes specified in ORS
527.630 { - , including but not limited to stewardship
agreements as described in ORS 527.662 - } .
(b) The State Forestry Department shall enter into agreements
with appropriate state agencies for joint monitoring of the
effectiveness of forest practice rules in protecting forest
resources and water quality.
(8) If based upon the analysis required in section 15 (2)(f),
chapter 919, Oregon Laws 1991, and as the results become
available, the board determines that additional rules are
necessary to protect forest resources pursuant to ORS 527.630,
the board shall adopt forest practice rules that reduce to the
degree practicable the adverse impacts of cumulative effects of
forest practices on air and water quality, soil productivity,
fish and wildlife resources and watersheds. Such rules shall
include a process for determining areas where adverse impacts
from cumulative effects have occurred or are likely to occur, and
may require that a written plan be submitted for harvests in such
areas.
(9)(a) The State Forester, in cooperation with the State
Department of Fish and Wildlife, shall identify streams for which
restoration of habitat would be environmentally beneficial. The
State Forester shall select as a priority those streams where
restoration efforts will provide the greatest benefits to fish
and wildlife, and to streambank and streambed stability.
(b) For those streams identified in paragraph (a) of this
subsection, the State Forester shall encourage landowners to
enter into cooperative agreements with appropriate state agencies
for conduct of restoration activities.
(c) The board, in consultation with appropriate state agencies,
shall study and identify methods for restoring or enhancing fish
and wildlife populations through restoration and rehabilitation
of sites beneficial to fish and wildlife.
(d) The board shall adopt rules to implement the findings of
this subsection.
(10) The board shall adopt rules that provide the State
Forester with authority to condition the approval of plans
required under ORS 527.670 (2) and (3) when the State Forester
makes a determination that there is evidence of a potential
threat to resources protected under this section by controlling
method, timing and extent of harvest when the forester determines
such limitations are necessary to achieve the objectives of ORS
527.630.
(11) In addition to its responsibilities under subsections (1)
to (3) of this section, the board shall adopt rules to reduce the
risk of serious bodily injury or death caused by a rapidly moving
landslide directly related to forest practices. The rules shall
consider the exposure of the public to these safety risks and
shall include appropriate practices designed to reduce the
occurrence, timing or effects of rapidly moving landslides. As
used in this subsection, 'rapidly moving landslide' has the
meaning given that term in ORS 195.250.
{ +
CAPTIONS + }
SECTION 41. { + The unit and section captions used in this
2003 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2003 Act. + }
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