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HomeMy WebLinkAboutDept of Forestry Presentation DocsFrequently Asked Questions about Forestland Classification Why are we doing this process? To improve the accuracy and equity of the Fire Patrol Assessment so the appropriate acres are being assessed the appropriate rate. What is Fire Patrol Assessment? Oregon Department of Forestry provides wildland fire protection on private, county and state owned forest and rangelands within their Fire Protection District Boundaries. This fire protection service is funded by a combination of an assessment on lands within the Fire Protection District and the General Funds for the State of Oregon. The landowner contribution is termed the Fire Patrol Assessment. Currently, the General Fund and the landowner’s assessment each contribute approximately 50% of the funding at the district level. The current landowner rates in the district are $XXX/acre for class 2 timberland and $.XX/acre for class 3 grazing land. What is included in a Forestland Classification? A map that identifies timberlands and grazing lands that meet the definitions set forth in Oregon Revised Statutes and Administrative Rules. Timberland is defined as all forestland primarily suitable for joint use of timber production and the grazing of livestock. Grazing lands are defined as all forestland that is primarily suitable for grazing or other agricultural uses. Grazing lands may contain undeveloped grasslands if such grasslands are in close proximity and intermingled with timberland. Who gave the committee the authority to complete this work? Oregon Revised Statutes and Administrative Rules. How was the classification committee formed? According to State Statute, one representative was appointed by the State Forester, one appointed by Oregon State University Extension Service and three members appointed by the County Commissioners, the Union County Fire Chief and Chief of the RFD served as an advisory member. Where do I find my current Fire Patrol Assessment? The Fire Patrol Assessment is located in your property taxes, collected by the County As sessor and passed on to the local ODF district. Will this affect the Fire Patrol Assessment that I currently pay? For most landowners it will create a change for several reasons. The differences in the accuracy of the mapping technology in the 1960’s an d today is enough to create small changes even if the timber and grazing lands are exactly as they were in the 60’s . Other reasons include, land use changes that were not captured and areas that were assigned the wrong classification. What effect will this have on ODF’s budget level if more lands are included? If more lands are included, this will spread the costs across more acres and slow the rate of increase landowners pay assuming the level of protection stays the same. The level of protection is determined by ODF and the Budget Committee which is composed of landowners’ representatives. What is forestland? “Forestland” has a very broad definition when used in the fire related statutes. The definition for “Forestland” is any woodland, brush land, timberland, grazing land or clearing that, during any time of the year, contains enough forest growth, slashing or vegetation to constitute, in the judgment of the forester, a fire hazard, regardless of how the land is zoned or taxed. What is a Minimum Assessment? Each lot of record must pay a minimum assessment of $18.75. This minimum assessment helps defray some of the additional administrative and operational costs of providing wildland protection on small parcels where, figured on an acreage basis, the assessment for forest protection would not reach $18.75. What is Dual Assessment? An assessment for fire protection from two different entities on the same parcel. An example is an assessment from ODF on the forestlands on a parcel for the purposes of wildland fire protection and an assessment from a Rural Fire Protection District on the value of the structures and up to five acres for purposes of structure protection. How are Agricultural lands defined? Those lands that do not meet the definition of forestland and that are being actively farmed. These lands were delineated through editing of 2005 color aerial photography. The basic intent was to include all lands that were being actively farmed in the agricultural lands class. Since lands that are actively farmed pose less of a fire threat, these lands would be excluded from the assessment process. How are agricultural lands classified? Agricultural lands that are actively being farmed are excluded from this process. How are lands under CRP contracts classified? CRP lands are being classified based on the current vegetation type present in the most recent aerial photography (2005). At the conclusion of the CRP contract if the land is converted back into agricultural lands, they then would be exempted. How can a landowner go about opting out of fire protection? Opting out for landowners with classified lands within the Fire Protection District boundaries is a rigorous process. A landowner must provide a robust fire protection plan that needs to be approved by the Oregon Board of Forestry. The specific requirements for what is needed can be found in Oregon Revised Statue 477.210 (2) and within Oregon Administrative Rule 629-042-0005. At present, no such plans exist in the State of Oregon. What is the purpose of the Public Meeting? We are offering public meetings to share the County Classification Committee’s findings with landowners in the County. What is the purpose of the Public Hearing? The Public Hearing is a mandatory and formal process that must occur prior to implementation of the findings of the classification effort. This hearing is a time when interested persons can object or offer changes to the proposed classification. Following the hearing the committee may make such changes in the preliminary classification as it finds to be proper, and thereafter shall make its final classification. The final results of the classification effort will be by formal written order which must include a statement of findings of fact on the basis of which the order is made, and must include a map showing the classifications or reclassifications. The original of the order shall be filed with the county clerk of the county, who shall maintain it available for public inspection. A copy of the order certified by the secretary of the committee shall be sent to the State Board of Forestry. How can a landowner appeal the findings of the Classification Committee? Any owner of land classified under ORS 526.328 or 526.340 and who is aggrieved by the classification may, within 30 days after the date of the order making the classification, appeal to the circuit court for the county. The appeal shall be taken by serving the notice of appeal on the secretary of the committee and by filing such a notice with the county clerk. FORESTLAND CLASSIFICATION IN DESCHUTES COUNTY Central Oregon District, ODF 1 What is Forestland Classification? Forestland Classification is a process by which a committee reviews all the lands within the county to determine whether they meet the definition of ‘forestland’. The committee further classifies the lands as Timber (Class 1), Timber/Grazing (Class 2), or Grazing (Class 3). This information is used to determine which lands are subject to the fire patrol assessment which helps fund a forest protection district budget. What is Forestland? ‘Forestland’ is defined in state statute and means any woodland, brushland, timberland, grazing land or clearing that, during any time of the year, contains enough forest growth, slashing or vegetation to constitute, in the judgment of the forester, a fire hazard, regardless of how the land is zoned or taxed. Why is Forestland Classification Needed? • To help create a FAIR and EQUITABLE approach to funding ODF’s fire protection program. The goal is to ensure that those landowners who should be helping to fund the system are doing so and the opposite is true. • To allow INVOLVEMENT of local interests (County Government, Fire Chiefs, and Local Landowners) in the process. • To update the current classification. Forestland classification was last completed in Deschutes County in the 1970’s. Many areas have been urbanized and no longer meet the definition of forestland. Local History and Overview • On average, there are 41 wildland fires annually, which burn 1066 acres on ODF protected lands in Deschutes County. • The District has been classifying lands since the 1940’s. • Forestland classification has not been done in Deschutes County since the 1970’s. There have been substantial land use changes since then. • Forestland classification and the corresponding per acre assessments of forestland is a major funding component for ODF’s protection system. The state’s General Fund is the other major funding source. How is Forestland Classification completed? • The classification process is guided by ORS Chapter 526 and associated Administrative Rules. • A Classification Committee examines lands within the county to determine which meet the definition of forestland. Urban and irrigated agricultural lands do not meet this definition. • For lands determined to be forestland, the committee classifies those lands as: o Timber production (Class 1) o Joint use--timber production & grazing (Class 2) o Grazing and non-irrigated agricultural uses (Class 3) • Work is done using GIS mapping with vegetation, soil productivity layers, and aerial imagery layers. The Committee reviews the landscape on a square mile by square mile basis. • Periodic field checks are made by the Committee and ODF Staff during the process. • Committee finalizes classification designations after public meetings and a Hearing. • Finalized classification is filed with the County Clerk. Committee Membership – Six Members • Three Committee members are appointed by County o One Forestland owner or representative thereof o One Grazing land owner or representative thereof o One at-large member FORESTLAND CLASSIFICATION IN DESCHUTES COUNTY Central Oregon District, ODF 2 • One member appointed by the State Fire Marshal • One member appointed by the Director of OSU Extension • One member appointed by the State Forester Transparent Public Process • Committee meetings are advertised in advance and open to public • Each meeting agenda include time for public comment • The Committee elects its own officers and creates its own by-laws • Minutes are recorded and available to the public • Multiple public information meetings and a formal public hearing is conducted. All affected landowners will receive a written invitation to these events. • Affected landowners can provide testimony prior to final classification information being filed with County. • Once the Committee has finalized the classification, it is filed with the County Clerk. This begins a 30-day appeal period. Landowners may make their appeal to the Circuit Court. Impacts on the Local ODF Budget • A common concern is this is a “money grab for ODF”. It is not. • The forest protection district prepares an annual budget to protect lands within the district. The cost of this budget is pro-rated over the acres protected to determine an amount per acre assessed to landowners to pay for wildland fire protection. If the protected acres increase as a result of classification, the per acre rate decreases and vice versa. Impacts to Local Structural Fire Departments • There are 9 Fire Districts within Deschutes County (Bend, Black Butte, Cloverdale, Crooked River Ranch, Deschutes #2, LaPine, Redmond, Sisters-Camp Sherman, Sunriver). Eight are within the ODF District Boundary. • Some lands inside the ODF Protection District and a local Rural Fire District are currently assessed by both entities. • ODF protects the wildland and RFD’s protect the structures and up to 5 acres in overlapping areas. • If ODF classifies inside RFD’s where we currently are not providing protection, there will be an impact to the RFD budget. This is because if ODF is not there, RFD can assess on entire taxlot. If there is overlapping protection, the RFD is restricted to assessing the structure and up to 5 acres. Vice versa is true also. Other Information • Wildland fire protection of private lands in Oregon is a private-public partnership. In general, private landowners pay half the cost of protection with the State of Oregon General Fund paying the other half. Non-federal public lands also pay into this system. • The Classification process does not determine assessment rates; it only determines who will be subject to the assessment. • Deschutes County classification process will begin in the spring of 2014 and is expected to take about two years to complete. • Only lands within the Forest Protection District may be assessed. • The Classification Committee may make recommendations to ODF to make changes to the Forest Protection District boundary. These recommendations are not binding. FORESTLAND CLASSIFICATION IN DESCHUTES COUNTY Central Oregon District, ODF 3 1 COOPERATIVE AGREEMENT BETWEEN DESCHUTES BOARD OF COUNTY COMMISSIONERS AND OREGON DEPARTMENT OF FORESTRY, STATE FORESTER This agreement establishes the Deschutes County Forestland Classification Committee, and identifies the functions to be performed and the expenses to be incurred by the Deschutes Board of County Commissioners and by the Oregon Department of Forestry, in supporting the proper performance of the committee’s functions. WHEREAS, Pursuant to ORS 526.320, there is a need to periodically investigate and study all land in Deschutes County to determine which of the land is forestland.; and WHEREAS, Pursuant to ORS 526.324, there is a need to assign a classification to all forestland in Deschutes County; and WHEREAS, Pursuant to ORS 526.310, the governing body of a county may establish a forestland classification committee to periodically investigate and study forestland and to assign a classification to all such forestland. WHEREAS, Pursuant to ORS 526.310, the parties to this Cooperative Agreement may provide accommodations, funds, and supplies which are necessary for the proper performance of a forestland classification committee’s functions. WHEREAS, Pursuant to ORS 190.110, the parties to this Cooperative Agreement are authorized to cooperate by agreement for the establishment of a forestland classification committee and for the committee’s proper performance of its functions. NOW, THEREFORE, the parties to this Cooperative Agreement, in consideration of the covenants and the conditions hereinafter set forth, do agree as follows. ARTICLE 1 DESCHUTES COUNTY FORESTLAND CLASSIFICATION COMMITTEE 1.1 The Deschutes County Forestland Classification Committee is hereby established. ARTICLE 2 RESPONSIBILITIES OF THE DESCHUTES BOARD OF COUNTY COMMISSIONERS 2.1 Contingent on its ability to do so, including the availability of appropriate funding, the Deschutes Board of County Commissioners agrees to: 2.1.1 Appoint three members to serve on the Deschutes County Forestland Classification Committee. At least one of the appointed members shall be an owner of “forestland” and, if the land to be investigated and studied by the committee includes or is expected to include grazing land, one must be an owner of grazing land as that term is defined in ORS 526.005 . 2 2.1.2 Provide, at no charge, facilities for meetings of the Deschutes County Forestland Classification Committee. 2.1.3 Provide, at no charge, facilities for public hearings the Deschutes County Forestland Classification Committee is required by law to conduct. 2.1.4 Post, at no charge, public notices the Deschutes County Forestland Classification Committee is required by law to display. 2.1.5 Provide, at no charge, incidental reproduction services the Deschutes County Forestland Classification Committee determines it needs to properly perform its functions. 2.1.6 Provide, at no charge, assessor’s tax lot information, the Deschutes County Forestland Classification Committee determines it needs to properly perform its functions. 2.2 Contingent on its ability to do so, including the availability of appropriate funding, the Deschutes Board of County Commissioners may: 2.2.1 Provide GIS and mapping services the Deschutes County Forestland Classification Committee determines it needs to properly perform its functions. 2.2.2 Provide, accommodations, supplies, and county funds not otherwise appropriated as the Deschutes Board of County Commissioners determines necessary for the Deschutes County Forestland Classification Committee to properly perform its functions. 2.2.3 Reimburse members of the Deschutes County Forestland Classification Committee members for their actual and necessary travel and other expenses incurred in the performance of their duties. ARTICLE 3 RESPONSIBILITIES OF THE OREGON DEPARTMENT OF FORESTRY 3.1 Contingent on its ability to do so, including the availability of appropriate funding, the Oregon Department of Forestry agrees to: 3.1.1 Appoint one member to serve on the Deschutes County Forestland Classification Committee. 3.1.2 Request that the Director of the Oregon State University Extension Service appoint one member to serve on the Deschutes County Forestland Classification Committee. 3.1.3 Request that the State Fire Marshal appoint one member to serve on the Deschutes County Forestland Classification Committee. 3.1.4 Provide, at no charge, facilities for meetings of the Deschutes County Forestland Classification Committee. 3.1.5 Provide, at no charge, facilities for public hearings the Deschutes County Forestland Classification Committee is required by law to conduct. 3 3.1.6 Post, at no charge, public notices the Deschutes County Forestland Classification Committee is required by law to display. 3.1.7 Provide, at no charge, incidental reproduction services the Deschutes County Forestland Classification Committee determines it needs to properly perform its functions. 3.1.8 Provide, at no charge, forestland condition information, the Deschutes County Forestland Classification Committee determines it needs to properly perform its functions. 3.1.9 Provide, at no charge, wildfire incidence information, the Deschutes County Forestland Classification Committee determines it needs to properly perform its functions. 3.2 Contingent on its ability to do so, including the availability of appropriate funding, the Oregon Department of Forestry may: 3.2.1 Provide GIS and mapping services the Deschutes County Forestland Classification Committee determines it needs to properly perform its functions. 3.2.2 Provide, accommodations, supplies, and agency funds not otherwise appropriated as the Oregon Department of Forestry determines are necessary for the Deschutes County Forestland Classification Committee to properly perform its functions. 3.2.3 Reimburse members of the Deschutes County Forestland Classification Committee members for their actual and necessary travel and other expenses incurred in the performance of their duties. ARTICLE 4 MODIFICATION 4.1 This Cooperative Agreement may be modified by mutual consent of all parties to this Cooperative Agreement. 4.2 Modifications to this Cooperative Agreement shall be documented on a separate piece of paper and shall be attached to all copies of this Cooperative Agreement. ARTICLE 5 EFFECTIVE DATE & TERMINATION 5.1 This Cooperative Agreement shall become effective upon the date subscribed by the last signatory party or on March xx, 2014, whichever date occurs latest. 5.2 Any party to this Cooperative Agreement may terminate this Cooperative Agreement, upon providing not less than thirty days written notice to all other parties. 5.4 Unless otherwise terminated sooner, as provided in Article 5.2, this Cooperative Agreement shall automatically terminate ten years after it becomes effective. 4 ARTICLE 6 AUTHORIZED COORDINATORS 6.1 For the Deschutes Board of County Commissioners, the authorized coordinator of this Cooperative Agreement is: Name: Mailing Address: 6.2 For the Oregon Department of Forestry, the authorized coordinator of this Cooperative Agreement is: Name: Kristin Cotugno – Assistant District Forester Mailing Address: PO Box 670 Prineville, OR. 97754 6.3 Changes in either the name or the mailing address of an authorized coordinator of this Cooperative Agreement shall be documented on a separate piece of paper and shall be attached to all copies of this Cooperative Agreement. ARTICLE 7 OTHER CONSIDERATIONS 7.1 This Cooperative Agreement may not be assigned, in whole or in part, to any other entity, by any party to this Cooperative Agreement. 7.2 Each party to this Cooperative Agreement agrees to defend, protect, save, and hold harmless the other parties, their officers, agents and employees from any and all claims, costs, damages, and expenses arising from performance under this Cooperative Agreement. 7.3 Nothing contained in this Cooperative Agreement shall obligate any party to this Cooperative Agreement for expenditures in excess of funds made properly available, for activities or functions envisioned to be performed under this Cooperative Agreement. 7.4 Nothing contained in this Cooperative Agreement shall obligate any party to this Cooperative Agreement to perform activities or functions, which they cannot perform or for which they have no legal authority to perform. 7.5 All parties to this Cooperative Agreement agree their participation is voluntary and no part of this Cooperative Agreement is intended to be subject to the provisions of Article XI, Section 15 of the Constitution of Oregon. 5 APPROVED: For the Deschutes Board of County Commissioners: Deschutes County Commission Board Rep. Date: For the Oregon Department of Forestry: District Forester Date: