HomeMy WebLinkAboutWildlife Habitat Assmt HearingDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of March 9, 2011
Please see directions for completing this document on the next page.
DATE: February 22, 2011
FROM: Dave Kanner County Administrator xt. 6565
TITLE OF AGENDA ITEM:
A public hearing on the inclusion of properties other than those zone EFU in the Wildlife Habitat
Conservation Program
PUBLIC HEARING ON THIS DATE? Yes.
BACKGROUND AND POLICY IMPLICATIONS:
In November of last year, the Board at one of its business meetings heard from a property owner who
requested information about the Wildlife Habitat Conservation Management Program, and who asked
specifically about having his property included in the program, even though it is not zoned EFU. The
Board subsequently held a work session with County Assessor Scot Langton and with a representative
of the Oregon Department of Fish and Wildlife to learn more about the program. Following that work
session, the Board requested that a public hearing be held to take input on a possible expansion of the
program.
The Wildlife Habitat Conservation Program was originally created by the Legislature in the late 1990s
and revised in the 2003 session. ORS 308A, which governs the program, is attached. In a nutshell, the
law allows the governing body of a county to request that ODFW designate certain land within the
County as eligible for wildlife habitat special assessment. The owners of such land can then submit a
plan to ODFW under which they agree to meet certain regulatory requirements for the preservation of
wildlife habitat, in exchange for which the property receives a special wildlife habitat property tax
assessment.
In 1998, Deschutes County, via Ordinance 98-030, chose to participate in this program, but limited
eligible properties to those zoned EFU. In 2002, the Board of Commissioners adopted resolution 2002-
023, which specifically forbade the establishment of WHCM Plans in any area not zoned EFU. It
appears that this was done in response to a bill approved by the 2001 Legislature which was then
repealed by the 2003 Legislature. Nonetheless, this resolution remains the policy of Deschutes County.
As explained by ODFW at your work session of January 24, expanding the pool of eligible properties
does not by any means guarantee that any particular property will be accepted into the program.
ODFW claims to be at capacity in terms of their ability to oversee regulatory compliance for the 125
tax accounts that are already in the program locally and that alone would make it difficult to accept new
properties. The decision as to whether to include a particular property in the program is strictly
ODFW's.
FISCAL IMPLICATIONS:
The special assessments on the properties already in the program reduced Countywide tax collections
by about $250,000 last year. This amount is divided proportionately among all taxing districts in the
County, depending on their percentage of the total tax roll, so the foregone taxes for Deschutes County
would have amounted to about $24,000. Expanding the number of properties receiving a special
assessment increases this number, but it's not possible to know by exactly how much.
RECOMMENDATION & ACTION REQUESTED:
This matter is scheduled for public hearing only. Following the public hearing and Board deliberation,
staff will need direction from the Board as to whether to prepare a resolution to expand the pool of
WHCMP-eligible properties in Deschutes County.
ATTENDANCE: Dave Kanner, legal counsel, Larry Pecenka, ODFW
DISTRIBUTION OF DOCUMENTS:
n/a
Page 1 of 4
WILDLIFE HABITAT SPECIAL ASSESSMENT
308A.400 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. [2003 c.539 §1]
Note: 308A.400 was enacted into law by the Legislative Assembly but was not added to or made a
part of ORS chapter 308A or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
308A.403 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 ORS 308A.403 to 308A.430 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. [2003 c.539 §3]
308A.406 Definitions for ORS 308A.403 to 308A.430. As used in ORS 308A.403 to 308A.430:
(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 adopted by the State Fish and Wildlife
Commission under ORS 308A.409.
(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. [2003 c.539 §4; 2005 c.94 §58]
http://www.leg.state.or.us/ors/308a.html 2/2/201]
Page 2 of 4
308A.409 Wildlife habitat conservation and management plans; rules. (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
ORS 308A.403 to 308A.430.
(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 streamflows 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. [2003 c.539 §5]
308A.412 Plan submission and review; limitation on approval; rules. (1) An owner of land
described in ORS 308A.415 who seeks special assessment under ORS 308A.403 to 308A.430 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 ORS 308A.409 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 ORS 308A.409 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 the plan.
(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. [2003 c.539 §6]
308A.415 Designation by State Fish and Wildlife Commission of land eligible for wildlife
habitat special assessment. (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
http://www.leg.state.or.us/ors/308a.html
2/2/2011
Page 3 of 4
for wildlife habitat special assessment only if the commission finds:
(a) That designation will promote the findings in ORS 308A.400 and the policy in ORS 308A.403;
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 ORS 308A.409.
(5) Land may not qualify for wildlife habitat special assessment under ORS 308A.424 unless the
commission has determined that the land is eligible for wildlife habitat special assessment under this
section. [2003 c.539 §7]
308A.418 Removal of designation upon request of city or county; requirements. (1) The
governing body of the city or county that requested designation under ORS 308A.415 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.
(3) In making its determination under subsection (2) of this section, the commission shall give
significant weight to the demonstration of economic burden made by the city or county. [2003 c.539
§7a]
308A.421 Effect of designation or removal for property tax purposes. A determination by the
State Fish and Wildlife Commission to designate land as eligible for wildlife habitat special assessment
under ORS 308A.415 or to remove that designation under ORS 308A.418 shall for property tax
purposes be effective as of the tax year beginning the July 1 immediately following the determination.
[2003 c.539 §7b]
308A.424 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 being
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 ORS 308A.412 (3).
(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
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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. [2003 c.539 §8]
308A.427 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 321.833.
(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 321.833 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 321.839; 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
ORS 308A.430. [2003 c.539 §9]
308A.430 Disqualification from special assessment. (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 ORS 308A.403 to 308A.430; and
(c) Submission of an application for wildlife habitat special assessment under ORS 308A.424 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. [2003 c.539 §10]
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Dept. of Fish and Wildlife_ 635_ 430 Page 1 of 9
The Oregon Administrative Rules contain OARs filed through January 14, 2011
DEPARTMENT OF FISH AND WILDLIFE
DIVISION 430
TAX INCENTIVE PROGRAMS
Wildlife Habitat Conservation and Management Program
635-430-0000
Purpose
The purpose of OAR 635-430-0000 through 635-430-0100, is to implement ORS 308A.400 through 308A.430,
Oregon Laws 2003, which allows Oregon cities and counties to develop programs for the conservation and
enhancement of wildlife habitat. These rules:
(1) Establish criteria and standards for Department review and monitoring of wildlife habitat conservation and
management plans;
(2) Specify the form and content of a wildlife habitat and conservation management plan and the conservation
and management practices that are appropriate to preserve, enhance or improve the structure or function of
wildlife habitat; and
(3) Establish a process for adding and removing eligible land.
Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: Ch. 308A, HB 3616, 2003
Hist.: FWC 23-1994, f. & cert. ef. 4-29-94; DFW 11-1998, f. & cert. ef2-5-98; DFW 115-2004, f. & cert. ef.
11-26-04
635-430-0010
Definitions
For the purposes of OAR 635-430-0000 through 635-430-0100 only:
(1) "Cooperating agency" means the Oregon Department of Fish and Wildlife, the U.S. Fish and Wildlife
Service, the Natural Resources Conservation Service, the Oregon State University Extension Service or other
persons with wildlife conservation and management training meeting the following qualifications:
(a) A degree or certification from an accredited educational institution in a field of study providing knowledge
that may be applied to preserve, enhance or improve habitat for native wildlife. Such fields of study include, but
are not limited to, wildlife biology, wildlife management, fisheries management, biology, zoology, limnology,
botany, ecology, wetland ecology, forest ecology, ecosystem management, environmental engineering, soil
science, other natural science, or landscape architecture; or
(b) Certification from a professional society (including but not limited to The Wildlife Society, American
Fisheries Society, or Ecological Society of America) or licensure by the state in a field listed in subsection (1)
(a) of this rule; or
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(c) Evidence of professional experience in a field listed in subsection (1)(a) of this rule.
(2) "Department" means the Oregon Department of Fish and Wildlife.
(3) "Landowner" means the party or parties having the fee interest in land, except where land is subject to a real
estate sale contract where "landowner" means the contract vendee.
(4) "Land that is clearly identifiable as containing significant wildlife habitat" means land that meets one or
more of the criteria identified in OAR 635-430-0020(1) through (7).
(5) "Lot" has the meaning given that term in ORS 92.010.
(6) "Native vegetation" means vegetation that is indigenous to the subject property or to the physiographic
province in which the subject property is located.
(7) "Parcel" has the meaning given that term in ORS 215.010(1).
(8) "Subject property" means a lot, parcel or tract that is subject to a wildlife habitat conservation and
management plan.
(9) "Tract" has the meaning given that term in ORS 215.010(2).
(10) "Wildlife" means fish, shellfish, intertidal animals, wild birds, amphibians, reptiles, and wild mammals.
(11) "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 agricultural and
forestry practices, that will be conducted to preserve, enhance or improve the structure or function of wildlife
habitat on the subject property.
Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: Ch. 308A, HB 3616, 2003
Hist.: 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
635-430-0020
Wildlife Habitat Conservation and Management Plan Objectives
The objective of a wildlife habitat conservation and management plan is to preserve, enhance or improve the
composition, structure or function of habitat for native wildlife species, with emphasis on native habitats that:
(1) Have been identified as scarce, becoming scarce or of special ecological significance within the city or
county. Sources of information that may be used to identify these habitats include, but are not limited to, the
Biodiversity Gap Analysis Program of the USGS Biological Resources Division and the Oregon Department of
Fish and Wildlife, the Metropolitan Greenspaces Master Plan or equivalent Metropolitan Functional Plans, the
Oregon Natural Heritage Program, the Oregon Biodiversity Project, the Oregon Habitat Joint Venture, the
Oregon Comprehensive Wildlife Conservation Strategy, and the Oregon Plan for Salmon and Watersheds.
(2) Have been identified by state or federal resource agencies, local governments, regional governments,
watershed councils, conservation organizations or other qualified entities as important habitats for ecological
restoration to prevent additional loss of native habitats or species.
(3) Are important to achieve the conservation or management objectives for native habitats or species in public
or private land management plans covering multiple land ownerships.
(4) Provide habitat for threatened or endangered species listed in or pursuant to 16 USC Section 1533, ORS
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496.172(2), and OAR 635-100-0125;
(5) Provide habitat for state sensitive species listed pursuant to OAR 635-100-0040; or
(6) Are identified as significant wildlife habitat in the Goal 5 elements of city or county comprehensive plans.
(7) Areas that have been adopted by the Metropolitan Service District (Metro) as significant natural areas, open
spaces or fish and wildlife habitats or regional resources under Goal 5 pursuant to OAR 660-023-0080.
Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: Ch. 308A, HB 3616, 2003
Hist.: FWC 23-1994, f. & cert. ef. 4-29-94; DFW 11-1998, f. & cert. e£ 2-5-98; DFW 115-2004, f. & cert. ef.
11-26-04
635-430-0025
State Fish and Wildlife Commission Designation of Eligible Land
(1) At the request of the governing body of a county, the Director of the State Fish and Wildlife Department
may designate any or all of 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 Director may designate any or all of the following land
within the incorporated 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 Director 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 Director may designate land described in subsection (1) or (2) of this section as eligible for wildlife
habitat special assessment only if the Director finds that designation will promote the objectives of the program
and the implementation requirements of these rules.
(5) Any county that did not forbid, 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, shall be deemed to
have the land described in OAR 635-430-0025(1)(a) as eligible for wildlife habitat special assessment.
(6) The governing body of the city or county that requested designation under section OAR 635-430-0025 may
request that the Director of the State Fish and Wildlife Department remove that designation.
(7) The Director 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 Director finds that the economic burden is significant.
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(8) In making its determination under subsection (7) of this section, the Director shall give significant weight to
the demonstration of economic burden made by the city or county.
(9) A determination by the Director of the State Fish and Wildlife Department to designate land as eligible for
the wildlife special assessment or to remove that designation shall for property tax purposes be effective as of
the tax year beginning the July 1 immediately following the determination.
Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: Ch. 308A, HB 3616, 2003
Hist.: DFW 115-2004, f. & cert. ef. 11-26-04; DFW 42-2006 f & cert. ef. 6-14-06
635-430-0030
Wildlife Conservation and Management Practices
Conservation and management practices appropriate to achieve the objectives of OAR 635-430-0020 may
include, but are not limited to:
(1) Protecting existing native vegetation;
(2) Planting native trees, shrubs, grasses and other native vegetation;
(3) Removing invasive, non-native vegetation that threatens native plant communities;
(4) Control of invasive, non-native fish or wildlife that threaten native wildlife species;
(5) Burning as prescribed by the Department to maintain fire -dependent native vegetation;
(6) Fencing to protect wildlife habitat or plant communities;
(7) Increasing habitat diversity by practices such as placing downed, woody material, preserving or creating
standing dead trees, creating ponds, or other methods approved by the Department;
(8) Placing boulders, logs and other appropriate materials in streams to enhance fish habitat;
(9) Removing buildings, pavements and other man-made features;
(10) Grading altered land areas to restore original hydrology and natural topography;
(1 1) Restoring, enhancing or creating wetlands;
(12) Establishing vegetative buffers or structural setbacks adjacent to wildlife habitats;
(13) Amending or allowing farming and forestry management practices that preserve, enhance or improve the
structure or function of wildlife habitat;
(14) Locating new dwellings or structural improvements to minimize conflict with existing or proposed habitat
for native wildlife species;
(15) Planting new riparian vegetation or protecting existing riparian vegetation through fencing or other means;
(16) Leasing or selling in -stream water rights as an integral part of the wildlife habitat conservation and
management practices; or
(17) Other efforts that improve water quality, protect and restore fish and wildlife habitats, recover threatened or
endangered species, enhance stream flows or maintain or restore long-term ecological health, diversity and
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productivity on a broad geographic scale.
Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: ORS Ch. 308A, HB 3616, 2003
Hist.: 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
635-430-0040
Preparation and Content of a Plan
A wildlife habitat conservation and management plan shall be developed by the landowner and a cooperating
agency as defined in OAR 635-430-0010(1). The plan shall include the following:
(1) The signed county eligibility certification described in OAR 635-430-0050(1).
(2) The name, home and business addresses and telephone number of the landowner.
(3) The name, address, and telephone number of the cooperating agency.
(4) The township, range, section and tax lot number(s) of the subject property.
(5) The acreage of the subject property.
(6) An aerial photograph of the subject property at a scale of 400 feet per inch, unless otherwise authorized by
the Department.
(7) Map(s) and written descriptions of the physical features, vegetation, and wildlife habitats that currently exist
on the subject property. The map(s) shall be reproducible, and shall be at a scale of 400 feet per inch unless
otherwise authorized by the Department. The map(s) shall display the following:
(a) Rivers and intermittent and perennial streams (including names);
(b) Lakes, ponds and other water bodies;
(c) Wetlands and riparian areas;
(d) Areas that contain threatened or endangered plant species listed under ORS 564.105(2) obtained from
existing information available from the Oregon Department of Agriculture, Oregon Natural Heritage
Information Center, a cooperating agency, or other source approved by the Department;
(e) Areas of native vegetation, such as oak woodlands or grasslands composed of native plant species;
(f) Location of federal threatened or endangered wildlife species or their critical habitats listed or identified
pursuant to 16 USC Section 1533, obtained from existing information available from the Oregon Natural
Heritage Information Center, a cooperating agency, or other source approved by the Department;
(g) Location of state sensitive species identified pursuant to OAR 635-100-0040, state threatened or endangered
species listed pursuant to ORS 496.172(2) and OAR 635-100-0125, and sites identified pursuant to ORS
496.182(2) that are critical to the survival of state listed threatened or endangered species, obtained from
existing information available from the Oregon Natural Heritage Information Center, a cooperating agency, or
other source approved by the Department;
(h) Other areas identified in the local comprehensive plan as significant wildlife habitat;
(i) Areas currently managed for forestry;
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Dept. of Fish and Wildlife_635_430 Page 6 of 9
(j) Areas currently farmed, including the location of all dikes, drainage ditches, or drainage tiles;
(k) Soil map units within the subject property from the Natural Resources Conservation Service Soil Survey.
(I) Dwellings, roads, fences and other artificial structures.
(m) Areas that have been adopted by the Metropolitan Service District (Metro) as significant natural areas, open
spaces or fish and wildlife habitats or regional resources under Goal 5 pursuant to OAR 660-023-0080.
(8) A description of:
(a) The wildlife habitat conservation and management objectives to be achieved; and
(b) The conservation and management practices that will be conducted to preserve, enhance or improve the
structure or function of wildlife habitat on the subject property.
(9) Time frames to implement each conservation and management practice identified in section (8) of this rule.
(10) Map(s) and written descriptions of the physical features, vegetation, and wildlife habitats reasonably
expected to exist on the subject property after implementation of the conservation and management practices
described in section (8) of this rule, including the location of areas managed for farming or forestry, existing
and proposed dwellings and other proposed structural improvements. The map(s) shall be reproducible, and
shall be at a scale of 400 feet per inch unless otherwise authorized by the Department.
Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: ORS Ch. 308A, HB 3616, 2003
Hist.: FWC 23-1994, f. & cert. ef. 4-29-94; DFW 11-1998, f. & cert. ef2-5-98; DFW 115-2004, f. & cert. ef.
11-26-04
635-430-0050
Plan Submission and Review Procedures
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.
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Dept. of Fish and Wildlife_ 635_ 430 Page 7 of 9
(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.)
Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: ORS Ch. 308A, HB 3616, 2003
Hist.: 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
635-430-0060
Approval Standards for Plans
The Department will approve plans that meet the following standards:
(1) The property is located on land that has been designated for participation in the program as defined in OAR
635-430-0025.
(2) The plan was developed by the landowner and a cooperating agency as defined in OAR 635-430-0010(1),
and contains all of the elements required under 635-430-0040.
(3) The plan is consistent with the objectives in OAR 635-430-0020.
(4) The wildlife conservation and management practices are appropriate and adequate to carry out the objectives
of the plan.
(5) The plan emphasizes preservation, enhancement or improvement of native vegetation appropriate to the site.
(6) All new dwellings or structural improvements are located to minimize conflicts with existing wildlife
habitats and negative impacts to native wildlife species.
(7) The plan is consistent with the Fish and Wildlife Habitat Mitigation Policy (OAR chapter 635, division 415)
and other applicable Department plans, policies, rules and statutes.
(8) The plan's proposed wildlife conservation and management practices will not increase wildlife damage on
adjacent lands.
(9) Buffers needed to protect any new habitats created under the plan will be located on the subject property.
Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: ORS Ch. 308A, HB 3616, 2003
Hist.: FWC 23-1994, £ & cert. ef. 4-29-94; DFW 11-1998, f & cert. ef. 2-5-98; DFW 115-2004, f. & cert. ef.
11-26-04
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Dept. of Fish and Wildlife_ 635_430 Page 8 of 9
635-430-0070
Amendments to Approved Plans
(1) Landowners may request amendments to approved wildlife habitat conservation and management plans by
contacting the appropriate Department watershed district office.
(2) The landowner shall provide a copy of the approved plan and a description of the proposed amendments,
(3) The Department will follow the procedures in OAR 635-430-0050 when reviewing amendments to approved
plans.
(4) Amendments shall meet the standards in OAR 635-430-0060.
Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: ORS Ch. 308A, HB 3616, 2003
Hist.: 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
635-430-0080
Implementation of Approved Plans
(1) For the purpose of making application to the county assessor for wildlife habitat special assessment under
ORS 308A.424 to 308A.430, a landowner may request the Department to determine whether an approved
wildlife habitat conservation and management plan has been initially implemented.
(2) The Department will, within 90 days of receipt of such request, physically inspect the subject property and
determine whether the plan has been implemented.
(3) The Department will consider the plan initially implemented when:
(a) The landowner is carrying out and maintaining the conservation and management practices identified in the
plan in accordance with the time frames established in the plan; and
(b) The conservation and management practices are progressing toward the plan's objectives.
(4) If, based on its review, the Department determines the landowner is not implementing the plan as approved,
the Department will notify the landowner in writing of the reasons for the decision and the compliance
measures he or she must take. The Department will send a copy of this notice to the county assessor.
(5) If the Department determines the landowner is implementing the plan as approved, the Department will
provide the landowner with a written declaration to this effect. The Department will send a copy of this
declaration to the county assessor.
Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: ORS Ch. 308A, HB 3616, 2003
Hist.: 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
635-430-0090
Monitoring Approved Plans
(1) The Department will monitor an approved wildlife habitat conservation and management plan periodically
to determine continued compliance with the plan.
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(2) The Department's monitoring activities will include a physical inspection of the subject property.
(3) The Department will notify the landowner prior to initiating its monitoring activities.
(4) If the ownership of the subject property has changed since Department approval of the plan, the Department
will provide the landowner with a copy of the approved plan.
(5) If, based on its monitoring activities, the Department determines the landowner is not implementing the plan
as approved, the Department will notify the landowner in writing and identify the compliance measures that he
or she must take within six months.
(6) If, at the end of the six-month period, the landowner is still not implementing the compliance measures
required by the Department, the Department will notify the landowner and the appropriate county assessor.
(7) If the property is disqualified or withdrawn from the program and all other special assessment programs,
there is a potential additional tax liability (see ORS 308A.430 and 308A.700 -308A.733).
Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: ORS Ch. 308A, HB 3616, 2003
Hist.: 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
635-430-0100
Compatibility with Existing Laws or Ordinances
(1) Department approval of a wildlife habitat conservation and management plan does not authorize violation of
federal or state laws or local ordinances, nor does it supersede any requirements to obtain permits or
authorizations required by federal or state laws or local ordinances.
(2) New and existing dwellings may be allowed on a lot or parcel subject to wildlife habitat special assessment
as provided in ORS 215.799. The fact that a lot or parcel is subject to wildlife habitat special assessment does
not make it easier or more difficult for a landowner to obtain approval for a dwelling on the lot or parcel.
Stat. Auth.: ORS 496.012, 496.138, 496.146 & 496.162
Stats. Implemented: ORS Ch. 308A, HB 3616, 2003
Hist.: 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
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REVIEWED
LEGAL COUNSEL
DESCHUTES COUNTY OFFICIAL
COUNTYCLERKCJ 200Y'7O6
COMMISSIONERS' JOURNAL. 04/03/2002 03:53:52 PM
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Forbidding Wildlife Habitat
Conservation and Management Plans in Any Area
Not Zoned Exclusive Farm Use
RESOLUTION NO. 2002-023
WHEREAS, in 1998, the County passed Ordinance 98-030 providing for the establishment of Wildlife
Conservation Plan Dwellings in areas zoned Exclusive Farm Use ("EFU") as authorized by ORS 215.800-.808;
and
WHEREAS, in 2001 Oregon State Legislature amended the above listed statutes to expand the
authorization for Wildlife Habitat Conservation and Management Plans ("WHCMP") for real property tax
deferrals to any area that is forestland and changed the program from one in which a county may choose to
participate to one in which a county shall participate unless it actively forbids the establishment of such plans;
arid,
WHEREAS, the amended statutory provisions became effective January 2, 2002; and,
WHEREAS, the State Fish and Wildlife Commission, the state agency charged with approving the
WHCMPs, has not promulgated rules clarifying the application of the statutory changes; and,
WHEREAS, neither Oregon Department of Revenue ("DOR") nor the Oregon Department of Fish and
Wildlife ("ODF&W") staff know the full extent of the application of the new statutory provisions; and,
WHEREAS, although the County supports wildlife habitat conservation and management, it also does
not know the full extent of the application of the new statutory provisions; and
WHEREAS, the Deschutes County Board of County Commissioner ("Board") desires to maintain the
County's provisions established prior to January 2, 2002 regarding WHCMPs but also chooses to forbid the
establishment of WHCMPs in any area not zoned EFU; and
WHEREAS, ORS 215.802(2) allows a county governing body to forbid the establishment of WHCMPs
through the adoption of a resolution prior to January 1, 2003; and
WHEREAS, ORS 215.802(3) allows a county governing body to later rescind its decision to forbid the
establishment of WHCMPs and the Board will review its decision after the adoption of new clarifying rules by
the appropriate state agencies; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
PAGE 1 OF 2 — RESOLUTION NO. 2002-023 (04/01/02)
S:\1.eGAL\BOCC RESOLUTIONS\2002\RES NO 2002-023 WHCMP MORATORIUM DOC
Section 1. Pursuant to ORS 215.802(2), the Board forbids the establishment of Wildlife Habitat
Conservation and Management Plans in any area not zone EFU.
Section 2. This resolution is effective upon passage.
DATED this / day of
, 2002.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUN ► , OREGON
TOM DEW ¢, Chair
ATTEST: DE NIS R. LUKE, Commissioner
f-dim,tufc
Recording Secretary
PAGE 2 OF 2— RESOLUTION NO, 2002-023 (04/01/02)
S\LEOAL\BOCC REsoLUTIoNs\2002\REs No 2002-023 WHCMP MORATORIUM DOC
MICHAEL M. DALY, Commissioner