Oregon Administrative Rules
Chapter 629 - DEPARTMENT OF FORESTRY
Division 44 - WILDFIRE HAZARD ZONES; WILDLAND-URBAN INTERFACE
Section 629-044-1041 - Appeal of Wildfire Risk Assignment
Universal Citation: OR Admin Rules 629-044-1041
Current through Register Vol. 63, No. 9, September 1, 2024
(1) An affected property owner or local government may appeal the assignment of property by submitting an appeal in writing within 60 days of:
(a) The date that
the wildfire risk map or update is posted on Oregon Explorer Map Viewer
website; or
(b) The date that a
correctly addressed notice is deposited with the postal service for mailing to
the affected property owner.
(2) In the written appeal in section (1) of this rule, the property owner must specifically state:
(a) the objections to the wildfire risk class
assignment;
(b) the change in
wildfire risk assignment sought; and
(c) any pertinent facts that may justify a
change in the wildfire risk class assignment, in accordance with ORS
477.490.
(3) Upon receipt of a written appeal of wildfire risk assignment, the State Forester:
(a) shall review the appeal to determine
whether the appellant has standing and whether the appeal addresses the issues
in subsection (2)(c).
(b) may
contact the property owner or local government to clarify any pertinent facts
identified in subsection (2)(c); and
(c) prepare a report describing the issue and
reach a final decision of the matter by:
(A)
reviewing whether the wildfire risk assignment and map were developed and
maintained according to these rules and the most current wildfire
assessment;
(B) reviewing for any
error in the data that was used to determine the wildfire risk class
assignment;
(C) reviewing any
pertinent facts that may justify a change in the assignment; and
(D) providing the report to the
appellant.
(d) the
Department shall provide information to the public describing changes to the
map based on approved appeals. The information shall be posted on the
Department's public website.
(4) A final decision of the matter issued under section (3) of this rule shall be a final order, and subject to appeal as prescribed by ORS 183.484.
Statutory/Other Authority: ORS 477.490 & ORS 526.016
Statutes/Other Implemented: ORS 477.490
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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