OAR 635-430-0420
Monitoring and Compliance of Riparian Management Plans and Agreements


(1)

Department staff will periodically inspect the riparian land enrolled in the program to determine conformance with the riparian management plan and agreement. Department staff will provide a landowner with written notification at least 10 days before an inspection. The Department will ask the landowner to participate in the inspections, if possible.

(a)

Department staff will conduct the first inspection within one year after the property was enrolled in the program.

(b)

Department staff will conduct all subsequent inspections at approximately five-year intervals.

(2)

If Department staff determine the riparian land is not in conformance with the riparian management plan or agreement, the Department will send written notification to the landowner. The notification will describe the reasons the property is not in conformance with the riparian management plan and agreement. The notification will also describe in detail the proposed changes necessary to achieve conformance with the plan and agreement, and an appropriate deadline for implementation of these remedial measures. This deadline will be 90 days from the date of the notification, unless the Department determines a longer timeframe is necessary to achieve the required remedial measures.

(3)

After receiving a Department notification describing needed remedial measures, the landowner may request a meeting with Department staff to discuss these measures. During the meeting the landowner may propose other remediation to bring the riparian lands into conformance with the riparian management plan and agreement. Whenever possible, the Department and the landowner should jointly develop remedial measures and an implementation deadline.

(4)

After the deadline described in sections (2) or (3) of this rule, and following written notification at least 15 days before the inspection, Department staff will reinspect the property for conformance with the necessary remedial measures.

(a)

If the landowner has not implemented the necessary remedial measures, the Department will notify the assessor that the property is not in conformance with the riparian management plan and agreement.

(b)

If the landowner has implemented the necessary remedial measures, the Department may continue such inspections of the property to ensure the property is progressing toward full compliance with the riparian management plan and agreement until the property reaches that goal.

(5)

If a property owner does not allow Department staff to inspect riparian land designated under the Riparian Lands Tax Incentive Program as specified in a riparian management plan and agreement, the Department will notify the assessor that the landowner is not in compliance with their riparian management plan and agreement.

(6)

A landowner may withdraw from the program by submitting a request for withdrawal to the county assessor in compliance with ORS 308A.365 (Duration of exemption). The county assessor may assess back taxes in such cases.

(7)

Only the county assessor may withdraw the land from designation as riparian and apply payments and penalties as provided in ORS 308A.368 (Additional taxes upon withdrawal from riparian land designation).

Source: Rule 635-430-0420 — Monitoring and Compliance of Riparian Management Plans and Agreements, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=635-430-0420.

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 635-430-0420’s source at or​.us