Oregon Statutes 308A.362 – Approval or disapproval of application; limitation on approval; order; notice; exemption; potential additional taxes
(1) As soon as possible, but not later than April 1 of the year following the year of receipt of the application, the State Department of Fish and Wildlife shall notify the county assessor and the applicant of the department’s approval or disapproval of an application. Subject to subsection (2) of this section, an application not denied by April 1 is deemed approved, and the land that is the subject of the application is considered to be land that qualifies under ORS § 308A.359.
Terms Used In Oregon Statutes 308A.362
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- City: includes any incorporated village or town. See Oregon Statutes 174.100
(2) An application for land described in ORS § 308A.359 (2)(a)(B) may be approved only if the application is filed on or before five years after the date the land became land no longer outside adopted urban growth boundaries or planned or zoned as forest or agricultural land.
(3) An application for land described in ORS § 308A.360 (1) may be approved only if ordinances or resolutions authorizing the exemption have been adopted by the city and county in which the land is located and these ordinances or resolutions are in effect on the date of application.
(4) The department may not approve more than 50 applications for land described in ORS § 308A.360 (1) for any tax year. The department shall hold an application that is not approved because of the limitation imposed by this subsection for consideration for the next tax year.
(5)(a) When the department approves land for designation as riparian under ORS § 308A.359, it shall enter an order of approval and file a copy of the order with the county assessor within 10 days. Upon receipt of the order, the county assessor shall enter a notation on the assessment roll that the land described in the order is exempt from ad valorem taxation.
(b) If the land is as described in ORS § 308A.360 (1), the exemption applies only to the ad valorem property taxes of the city and county that have authorized the exemption.
(6) On approval of an application filed under ORS § 308A.356, for each year of designation the assessor shall indicate on the assessment and tax roll that the property is exempt from taxation as riparian land or, in the case of land described in ORS § 308A.360 (1), partially exempt from taxation. The assessor shall also indicate on the tax roll that the land is subject to potential additional taxes as provided by ORS § 308A.368, by adding the notation ‘designated riparian land (potential add’l tax).’
(7) Any owner whose application for designation has been denied may appeal to the department under the provisions of ORS Chapter 183 governing contested cases. [Formerly 308.796; 2001 c.925 § 8; 2015 c.480 § 5]