ORS 315.130
Revocation upon timber harvest or removal of harvest restriction
- liability for tax
- penalties
(1)
If a small forestland owner, or the owner’s estate, heirs or devisees, elects to conduct a timber harvest within a forest conservation area for which a tax credit has been allowed under ORS 315.124 (Small forestland owner using standard practice harvest restrictions) and for which a harvest restriction has been recorded or otherwise elects to remove the harvest restriction, the certification of the credit shall be revoked and the Department of Revenue may proceed to collect any amounts not paid as a result of the credit, as provided in ORS 315.061 (Suspension, revocation or forfeiture).(2)
Intentionally left blank —Ed.(a)
If the timber harvest or the removal of a harvest restriction that results in revocation is conducted by an owner other than the small forestland owner that originally received certification for the credit under ORS 315.126 (Certification of eligibility from State Forestry Department), that successor owner shall be liable for the entire amount certified for credit under ORS 315.126 (Certification of eligibility from State Forestry Department). Interest shall be charged at the rate established in ORS 305.220 (Interest on deficiency, delinquency or refunds) from the date of transfer of the title to the successor owner.(b)
A revocation under this subsection does not impair the right of a prior owner to claim the credit.(3)
After repayment is complete, the small forestland owner shall notify the State Forestry Department of the repayment and the department shall remove the record of the harvest restriction from the department reporting and notice system operated under ORS 527.786 (Definitions) to 527.793 (Failure to send notice). The small forestland owner shall cause the deed restriction to be removed from the county deed records. The department shall provide the small forestland owner with appropriate documentation for this purpose.(4)
The small forestland owner that conducts the timber harvest shall be responsible for any penalties imposed for violations of the Oregon Forest Practices Act arising from the harvest. [2022 c.34 §5]
Source:
Section 315.130 — Revocation upon timber harvest or removal of harvest restriction; liability for tax; penalties, https://www.oregonlegislature.gov/bills_laws/ors/ors315.html.
Up to date