69th OREGON LEGISLATIVE ASSEMBLY--1997 Regular Session
Enrolled
Senate Bill 791
Sponsored by Senator DERFLER (at the request of Ted Molinari)
CHAPTER ................
AN ACT
Relating to wildlife habitat conservation plans; amending
sections 1, 2, 3 and 5, chapter 764, Oregon Laws 1993; and
repealing section 6, chapter 764, Oregon Laws 1993, and section
274, chapter ___, Oregon Laws 1997 (Enrolled House Bill 2509).
Be It Enacted by the People of the State of Oregon:
SECTION 1. Section 1, chapter 764, Oregon Laws 1993, is amended
to read:
{ + Sec. 1. + } (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 enhancement as { - a permitted - } { + an
allowed + } land use in areas zoned for { + exclusive + }
farm { + use + } and { + mixed farm and forest + }
{ - forestry - } use.
(2) The Legislative Assembly further declares that { - this
Act - } { + chapter 764, Oregon Laws 1993, + } is intended to
allow { - Marion and Polk Counties to develop pilot
programs - } for the conservation and enhancement of wildlife
habitat.
{ + (3) The Legislative Assembly further recognizes that the
integration of wildlife habitat conservation and management plans
with generally accepted agricultural and forestry practices in
farm and forest zones is an important element in exercising good
stewardship over these lands. + }
SECTION 2. Section 2, chapter 764, Oregon Laws 1993, is amended
to read:
{ + Sec. 2. + } (1) Notwithstanding ORS { + 215.213, + }
215.283 and 215.284, but subject to section 3 { + , chapter 764,
Oregon Laws 1993, + } { - of this Act for the period commencing
on the effective date of this Act and ending on December 31,
1997, a single-family dwelling in conjunction with the - } { +
a county may allow the establishment of wildlife habitat + }
conservation and management { - of wildlife habitat may be
established - } { + plans + }in any area that is zoned for
exclusive farm use { + or mixed farm and forest use + }
{ - within Marion and Polk Counties - } .
(2) As used in { - this Act - } { + chapter 764, Oregon
Laws 1993 + }:
(a) 'Cooperating agency' means the State Department of Fish and
Wildlife, the United States Fish and Wildlife Service, the United
States { - Soil - } { + Natural Resources + } Conservation
Service, the Oregon State University Extension Service or other
Enrolled Senate Bill 791 (SB 791-B) Page 1
persons with wildlife conservation and management training
considered appropriate for the preparation of a conservation and
management plan, as established by rules of the State Department
of Fish and Wildlife.
(b) 'Department' means the State Department of Fish and
Wildlife.
(c) 'Lot' has the meaning given that term in ORS 92.010.
(d) 'Parcel' has the meaning given that term in ORS 215.010
(1).
(e) '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,
enhance and improve wildlife habitat on an affected lot or
parcel.
SECTION 2a. { + If House Bill 2509 becomes law, section 274,
chapter ___, Oregon Laws 1997 (Enrolled House Bill 2509)
(amending section 2, chapter 764, Oregon Laws 1993), is
repealed. + }
SECTION 3. Section 3, chapter 764, Oregon Laws 1993, is amended
to read:
{ + Sec. 3. + } { - (1) - } One single-family residential
dwelling in conjunction with { - the - } { + a wildlife
habitat + } conservation and management { - of wildlife
habitat - } { + plan + } authorized by section 2 (1) { + ,
chapter 764, Oregon Laws 1993, + } { - of this Act - } may be
established upon findings that the proposed dwelling:
{ - (a) - } { + (1) + } Is situated on a lot or parcel
existing on { - the effective date of this Act - }
{ + November 4, 1993, + } that qualifies for a farm or nonfarm
dwelling under county ordinances that carry out ORS 215.213 (1)
to (3), 215.283 (1) or (2) or 215.284 { - (1) - } ;
{ - (b) - } { + (2) + } { - Is not situated - }
{ + Will not be established + } on a lot or parcel that is
predominantly composed of soils rated Class I or II, when not
irrigated, or rated Prime or Unique by the United States
{ - Soil and Water - } { + Natural Resources + } Conservation
Service or any combination of such soils;
{ - (c) - } { + (3) + } Complies with ORS 215.296 (1) and
(2); { + and + }
{ - (d) Is situated on a lot or parcel developed and
maintained in accordance with the provisions of a wildlife
habitat conservation and management plan approved by the
department; and - }
{ - (e) - } { + (4) + } Is the only dwelling situated on
the affected lot or parcel.
{ - (2) A wildlife habitat conservation and management plan
for the affected lot or parcel must be approved by the department
before final approval is granted by the county for the location
of a dwelling on the lot or parcel. A building permit for the
dwelling shall not be issued until after a significant portion of
the plan, as determined by the county, is implemented. - }
SECTION 4. Section 5, chapter 764, Oregon Laws 1993, is amended
to read:
{ + Sec. 5. + } (1) The State Department of Fish and Wildlife
shall review and approve plans submitted { - by applicants for
dwellings authorized - } under section 2 (1) { + , chapter 764,
Oregon Laws 1993, + }
Enrolled Senate Bill 791 (SB 791-B) Page 2
{ - of this Act - } for compliance with the standards set
forth in the rules adopted under section 4 { + , chapter 764,
Oregon Laws 1993 + } { - of this Act - } .
(2) When a plan is approved by the department and is
implemented, the owner of the land subject to the plan may make
application to the county assessor for open space use assessment
under ORS 308.740 to 308.790 for that land { + , except that, if
approved, the land shall be assessed at its value for farm use
under ORS 308.370 + }. Application shall be made as provided in
ORS 308.740 to 308.790 except that:
(a) The granting authority shall be the State Department of
Fish and Wildlife. The department shall approve the plan relating
to the land of the applicant and determine compliance with the
plan in accordance with rules adopted under section 4 { + ,
chapter 764, Oregon Laws 1993 + } { - of this Act - } . The
department shall not conduct the hearing required under ORS
308.755.
(b) The owner, in lieu of designating the paragraph of ORS
308.740 (1) under which the open space use falls, shall designate
the open space use as wildlife habitat conservation and
management under { - this Act - } { + chapter 764, Oregon
Laws 1993 + }.
(c) Applications for open space use assessment under this
section shall be made to the county assessor not later than
{ - April - } { + August + } 1 in the calendar year preceding
the first tax year for which such assessment is requested.
(d) The application shall include a certified copy of the
department's declaration that the land described in the
application is subject to a wildlife habitat conservation and
management plan approved by the department and that the plan is
being implemented.
(e) When the application for open space use assessment includes
a certified copy of the declaration described in paragraph (d) of
this subsection, the county assessor shall not refer the
application to the planning commission or to the county governing
body under ORS 308.755 (1), but shall assess the land described
in the application { - on the basis provided in ORS 308.765 - }
{ + at its value for farm use under the provisions of ORS
308.370 + }. In each year in which the land is assessed { - for
open space use - } { + under the provisions of this
section + }, the county assessor shall also enter on the
assessment roll, as a notation, the assessed value of the land
were it not so assessed.
(3) An approved wildlife habitat conservation and management
plan shall be reviewed by the department at least once in each
two-year period to determine continued compliance with the plan.
If the plan is not being implemented as approved, the department
shall notify the owner 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
of the county in which the affected land is situated. The county
assessor shall withdraw the land from open space use
classification as provided in ORS 308.775 (1), except that notice
of the withdrawal shall be given to the governing body of the
county in which the land is situated.
(4) Notwithstanding ORS 308.395, 308.399 and 215.236, land that
is assessed under ORS 308.370 shall not be subject to any
additional taxes when the land is changed to open space use
assessment based on wildlife habitat conservation and management
Enrolled Senate Bill 791 (SB 791-B) Page 3
as provided in { - this Act - } { + chapter 764, Oregon Laws
1993, + } and shall be allowed to return to assessment under ORS
308.370, if otherwise qualified, without payment of any
additional taxes. However, the land shall be subject to
additional taxes when such land becomes disqualified or
declassified from special assessment under ORS 308.370 or open
space use assessment based on wildlife habitat conservation and
management as provided in { - this Act - } { + chapter 764,
Oregon Laws 1993, + } and does not become qualified in the next
assessment year for assessment under ORS 308.370 or open space
use under ORS 308.740 to 308.790. The additional taxes shall be
determined and collected as provided in ORS 321.960 (3), (4)(b)
to (d), (5), (6) and (7). No other additional tax shall be
imposed on such land at the time of disqualification or
declassification.
SECTION 5. { + Section 6, chapter 764, Oregon Laws 1993, is
repealed. + }
----------
Passed by Senate May 13, 1997
Repassed by Senate June 24, 1997
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House June 18, 1997
...........................................................
Speaker of House
Enrolled Senate Bill 791 (SB 791-B) Page 4
Received by Governor:
......M.,............., 1997
Approved:
......M.,............., 1997
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 1997
...........................................................
Secretary of State
Enrolled Senate Bill 791 (SB 791-B) Page 5