|
ODF clarifies property owner requirements to appeal hazard zone and wildland-urban interface designations
Those that own property in Oregon may still file their intent to appeal designations made by recently released wildfire hazard maps. Appeal forms must be received by March 10 to reserve a place in line for future appeal hearings. A full case does not need to be developed to file the appeal form.
Updated maps were issued January 7 and notifications were mailed to owners of properties designated as high hazard and within the wildland-urban interface. The updated maps and mailing initiated a 60-day period to file the intent to appeal.
Governor Kotek last week announced that Forestry officials are to hold on referring any appeals to the Office of Administrative Hearings until after the legislative session. This will allow the Legislature to deliberate potential changes to wildfire hazard map policy.
However, if there is no change in law this session, ODF will resume the appeals process after the session concludes at the end of June. Those that wish to appeal must file their form by March 10 to preserve an ability to appeal the designations.
No research or preparation of an appeal case needs to happen prior to filing an appeal form. What’s required for property owners to register their intent to appeal?
- File the appeal form with the Oregon Department of Forestry online by 5 p.m. March 10, or mail the form postmarked by March 10.
- Include the required information of property owner name, mailing address, property address or tax lot number of the tax lot designations to be appealed.
- Check one or both boxes to appeal designation in a specific hazard zone, or the wildland-urban interface.
- In the box that asks for more information, just write “further information will be provided.”
If your property is in a trust or LLC, you must be represented by an attorney during a hearing with the Office of Administrative Hearings, but you do not need to consult an attorney prior to filing your appeal form with the Oregon Department of Forestry.
The statewide wildfire hazard and wildland-urban interface maps are available on Oregon State University’s Wildfire Risk Explorer website.
Generally, the process for appeals is as follows:
- A property owner files the appeal form with the Oregon Department of Forestry.
- A Forestry official will contact the property owner to discuss their appeal case (after the conclusion of the session).
- The case will be referred to the Office of Administrative Hearings.
- A hearing with an Administrative Law Judge (ALJ) will be scheduled. Under certain circumstances, an attorney may need to represent the property owner at a hearing, but consulting an attorney isn’t necessary to file the appeal form.
- All issues for an appeals case must be determined prior to the date of a hearing, but not before filing the appeal form.
- The ALJ will make a determination on the requested appeal.
The wildfire hazard map's purposes are to:
- Educate Oregon residents and property owners about the level of hazard where they live.
- Assist in prioritizing fire adaptation and mitigation resources for the most vulnerable locations.
- Identify where defensible space standards and home hardening codes will apply.
Find more information on ODF’s wildfire hazard web page.
|
