Or. Admin. Code § 635-430-0400 - Natural Disasters

(1) If an act of nature (e.g., floods, fire, wind and other natural disaster) significantly damages or reduces riparian vegetation, or reduces the effectiveness of conservation measures described in a riparian management plan and agreement, the landowner must notify the Department within 90 days of the occurrence.

(2) Department personnel will tour the affected property with the landowner within 60 days of notification and determine if remedial or new conservation measures are required to meet program objectives.

(3) If the Department determines that remedial or new conservation measures are necessary, the Department will notify the landowner, in writing, within 10 working days after touring the affected property. The notification will include a general description of the necessary remedial actions.

(4) After receiving notification from the Department that remedial action is necessary, the landowner has two options:

(a) The landowner may continue enrollment in the program and notify the Department of his/her intention to revise or amend the riparian management plan and agreement; or

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

(5) If the landowner elects to continue enrollment in the program, the landowner must submit a revised or amended riparian management plan and agreement to the Department within three months from the date the Department notified the landowner that new or remedial measures were necessary. The Department will process the plan and agreement in accordance with these rules.

Notes

Or. Admin. Code § 635-430-0400

FWC 40-1982, f. & ef. 6-29-82; DFW 41-2000, f. 7-28-00, cert. ef. 8-1-00, Renumbered from 635-009-0350

Stat. Auth.: ORS 308A.383, ORS 496.138 & ORS 506.119

Stats. Implemented: ORS 308A.350 - ORS 308A.383