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HomeMy WebLinkAboutRes 022 - Wildlife Habitat Spec Assmt - ODFWDeschutes 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 23, 2011 DATE: March 15, 2011 FROM: Dave Kanner County Administrator xt. 6565 TITLE OF AGENDA ITEM: Consideration and signature of Resolution No. 2011-022, a resolution requesting the Oregon Fish and Wildlife Commission to designate land in Deschutes County zoned for Forest Use as eligible for wildlife habitatspecial assessment. PUBLIC HEARING ON THIS DATE? No. 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. The Board then held a public hearing on March 9, 2011, to take input on the question of whether to allow properties zoned for forest use (F1 or F2) to participate in this program. Following the public hearing, the Board directed staffto bring forward a resolution expanding the types of properties allowed in the program in Deschutes County. The Wildlife Habitat Conservation Program was originally created by the Legislature in the late 1990s and revised in the 2003 session. 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. As explained by ODFW at the Board's 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: Board approval and signature of Resolution No. 2011-022, a resolution requesting the Oregon Fish and Wildlife Commission to designate land in Deschutes County zoned for Forest Use as eligible for wildlife habitat special assessment. ATTENDANCE: Dave Kanner, Laurie Craghead DISTRIBUTION OF DOCUMENTS: Bonnie Baker Larry Pacenka, Oregon Department of Fish and Wildlife REVIEWED LEGAL COUNSEL For Recording Stamp Only BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON A Resolution Requesting the Oregon Fish and Wildlife Commission to Designate Land in Deschutes County Zoned for Forest Use as Eligible for Wildlife Habitat Special Assessment. RESOLUTION NO. 2011-022 WHEREAS, on April 1, 2002, pursuant to ORS 215.800 to 215.808, which have since been repealed, the Board of County Commissioners ("Board") adopted Resolution 2002-023 to forbid the establishment of lands other than those zoned Exclusive Farm Use as eligible for Wildlife Habitat Conservation Management Plan special assessment; and WHEREAS, ORS 308A.415(1) allows now counties to request ODF&W to also designate land zoned for Forest Use ("F1 and F2") as eligible for wildlife habitat special assessment in addition to EFU zone land, and WHEREAS, the Board desires to request ODF&W to also designate land zoned for Forest Use as eligible wildlife habitat special assessment; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMNIISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. The Board requests that ODF&W designate land in Deschutes County zoned for FI and F2, in addition to the EFU zoned land already so designated, as eligible for wildlife habitat special assessment pursuant to ORS 308A.400 through ORS 308A.430. Dated this of , 20 BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON ATTEST: TAMMY BANEY, Chair ANTHONY DEBONE, Vice Chair Recording Secretary ALAN UNGER, Commissioner PAGE 1 OF 1 - RESOLUTION NO. 2011-022