ORS 564.135
Effect of law on commercial forestland or private land; effect on other laws


(1)

Nothing in ORS 564.100 (Definitions for ORS 564.100 to 564.135) to 564.130 (Confidentiality of information regarding threatened or endangered species) is intended, by itself, to require an owner of any commercial forestland or other private land to take action to protect a threatened species or endangered species, or to impose additional requirements or restrictions on the use of private land.

(2)

Notwithstanding any other provision of law, nothing in ORS 496.004 (Definitions), 496.171 (Definitions for ORS 496.171 to 496.182) to 496.192 (Effect of law on commercial forestland or other private land), 498.026 (Transaction in threatened or endangered wildlife species prohibited), 564.040 (Department list of additional protected wildflowers) and 564.100 (Definitions for ORS 564.100 to 564.135) to 564.135 (Effect of law on commercial forestland or private land) or ORS 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards) and 527.992 (Civil penalties) shall be interpreted to require protection of a species listed under ORS 564.100 (Definitions for ORS 564.100 to 564.135) to 564.130 (Confidentiality of information regarding threatened or endangered species) or its habitat on private forestland.

(3)

The existence of a species listed under ORS 564.100 (Definitions for ORS 564.100 to 564.135) to 564.130 (Confidentiality of information regarding threatened or endangered species) on privately owned forestland shall not require protection of its habitat as a biological site under ORS 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards) and 527.992 (Civil penalties). However, if other elements exist that qualify such habitat as a biological site, such habitat may be protected as a biological site under ORS 527.610 (Short title) to 527.770 (Good faith compliance with best management practices not violation of water quality standards) and 527.992 (Civil penalties).

(4)

Species listed under ORS 564.100 (Definitions for ORS 564.100 to 564.135) to 564.130 (Confidentiality of information regarding threatened or endangered species) may be subject to protection under ORS chapters 195, 196 and 197 provided that the full process of inventory and analysis required by any open spaces, scenic and historic areas and natural resources goal is fulfilled and included in any acknowledged land use plan or amendment. [1987 c.686 §16]

Source
Last accessed
May. 15, 2020