OAR 635-430-0320
Eligibility Criteria for Riparian Lands Tax Incentive Program

(1)

The Department may designate perennial and intermittent streams and the associated riparian lands, as limited by OAR 635-430-0300 (Purpose of Riparian Lands Tax Incentive Program) to 635-430-0430 (Program Compatibility with Existing Laws or Ordinances for Riparian Lands Tax Incentive Program), as riparian lands if the land meets the eligibility criteria in (2)–(6) below.

(2)

Intentionally left blank —Ed.

(a)

The stream and associated riparian land are outside adopted urban growth boundaries and are planned and zoned as forest or agricultural lands (including rangeland); or

(b)

The stream and associated riparian land are no longer outside adopted urban growth boundaries, and/or planned or zoned as forest or agriculture but such lands:

(A)

Were outside urban growth boundaries as of July 1, 1997;

(B)

Were planned and zoned as forest or agricultural lands as of July 1, 1997;

(C)

Are managed as designated riparian lands; and

(D)

are otherwise eligible for riparian designation. However, the landowner must file an application with the Department for including such lands in the program no later than five years after the date of the zoning change, or incorporation into an adopted urban growth boundary; or

(c)

The stream and associated riparian land are located within the boundaries of a city and urban growth boundary and the governing bodies of both the city and the county in which the land is located have adopted ordinances or resolutions that are in effect as of the date the application required under OAR 635-430-00360 is submitted to the Department that:

(A)

Allow the designation of land as riparian land as defined in OAR 635-430-0310 (Definitions of Riparian Lands Tax Incentive Program)(7)(a); and

(B)

If possible, describe how the city or county will provide technical assistance to landowners preparing riparian management plans and will monitor compliance with approved plans.

(3)

The width of the riparian land proposed for tax exemption is sufficient to provide long-term stream bank stability, erosion control, water quality, large wood recruitment, fish and wildlife habitat protection, conservation or restoration, and other functions deemed important to healthy aquatic habitats.

(4)

Riparian vegetation on the riparian land is sufficient to support the functions identified in section (3) of this rule, or if the riparian land currently lacks adequate riparian vegetation, the land has significant vegetation restoration potential.

(5)

The landowner has implemented measures specified in an approved riparian management plan and agreement, for the continued protection, conservation or restoration of riparian lands.

(6)

The riparian land is on private land.

(7)

After the Department approves the land for designation as riparian land and all procedural requirements in OAR 635-430-0300 (Purpose of Riparian Lands Tax Incentive Program) to 635-430-0430 (Program Compatibility with Existing Laws or Ordinances for Riparian Lands Tax Incentive Program) are met:

(a)

Lands described in 635-430-0320 (Eligibility Criteria for Riparian Lands Tax Incentive Program)(2)(a) and (b) are eligible for exemption from ad valorum taxation under ORS 308A.356 (Application for exemption as riparian land).

(b)

For tax years beginning on or after July 1, 2001, lands described in 635-430-0320 (Eligibility Criteria for Riparian Lands Tax Incentive Program)(2)(c) are eligible for partial exemption from ad valorum taxation under ORS 308A.359 (Standards and criteria for exemption)

Source: Rule 635-430-0320 — Eligibility Criteria for Riparian Lands Tax Incentive Program, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=635-430-0320.

635–430–0000
Purpose of Wildlife Habitat Conservation and Management Program 635–430–0010
Definitions of Wildlife Habitat Conservation and Management Program 635–430–0020
Wildlife Habitat Conservation and Management Plan Objectives 635–430–0025
State Fish and Wildlife Commission Designation of Eligible Land 635–430–0030
Wildlife Conservation and Management Practices 635–430–0040
Preparation and Content of a Wildlife Habitat Conservation and Management Plan 635–430–0050
Wildlife Habitat Conservation and Management Plan Submission and Review Procedures 635–430–0060
Approval Standards for Wildlife Habitat Conservation and Management Plans 635–430–0070
Amendments to Approved Wildlife Habitat Conservation and Management Plans 635–430–0080
Implementation of Approved Wildlife Habitat Conservation and Management Plans 635–430–0090
Monitoring Approved Wildlife Habitat Conservation and Management Plans 635–430–0100
Compatibility with Existing Laws or Ordinances 635–430–0300
Purpose of Riparian Lands Tax Incentive Program 635–430–0310
Definitions of Riparian Lands Tax Incentive Program 635–430–0320
Eligibility Criteria for Riparian Lands Tax Incentive Program 635–430–0330
Limitations on Designation of Riparian Lands 635–430–0340
Factors for Determining Width of Riparian Lands 635–430–0350
Healthy Riparian Habitat 635–430–0360
Application Process for Riparian Lands Tax Incentive Program 635–430–0370
Plan Review and Approval of Riparian Management Plans and Agreements 635–430–0375
Riparian Conservation and Management Practices 635–430–0380
Activities Generally Compatible with Riparian Lands 635–430–0390
Activities Generally Incompatible with Riparian Lands Tax Incentive Program 635–430–0400
Natural Disasters 635–430–0410
Sale or Transfer of Exempted Riparian Lands 635–430–0420
Monitoring and Compliance of Riparian Management Plans and Agreements 635–430–0430
Program Compatibility with Existing Laws or Ordinances for Riparian Lands Tax Incentive Program
Last Updated

Jun. 8, 2021

Rule 635-430-0320’s source at or​.us