(1) Any person may apply to the State Department of Fish and Wildlife for preliminary certification of a fish habitat improvement project. The department shall develop rules and procedures for administering its responsibilities under this section and ORS 315.134 and 496.265. Such rules shall clarify the criteria used to evaluate fish improvement projects. Applications for preliminary certification shall be made in writing on a form provided by the department and shall contain:
(a) A detailed description of the proposed project including a statement of expected benefits;
(b) Blueprints or drawings of the proposed project providing such detail as the department may require;
(c) A detailed estimate of project costs; and
(d) Such other information as the department may require.
(2) The department shall act on all applications for preliminary certification before the 120th day after the receipt of such application. At any time during that period the department may request clarification, additional detail or modification of the plans.
(3) If the department rejects an application for preliminary certification, the department shall cause written notice of the action, together with a statement of findings and the reasons therefor to the applicant.
(4) Preliminary certification of a fish habitat improvement project by the department shall not:
(a) Qualify the applicant for the tax credit provided under ORS 315.134.
(b) Exempt the project from any state or federal law, or local ordinance.
(5) Upon completion of construction or installation of a fish habitat improvement project preliminarily certified by the department under this section, a person may apply to the department for final certification of the project. The application for final certification shall be made in writing on forms provided by the department and shall include:
(a) A detailed statement of project costs; and
(b) Whatever other information the department may require.
(6) Upon receipt of an application for final project certification, the department shall cause the project to be inspected to determine that the project will result in the improvement of riparian or in-stream habitat. If the department determines that the project conforms to the plans approved during the preliminary certification, the department shall provide the applicant with written notice of final certification of the project. The action of the department shall include certification of the actual cost of the project for purposes of the income tax credit relief allowed under ORS 315.134. However, in no event shall the department certify an amount for tax credit purposes that is more than 10 percent in excess of the amount approved in the preliminary certificate issued for the project under subsection (2) of this section. [1981 c.720 §22]Section: Previous 496.232 496.235 496.236 496.240 496.242 496.245 496.250 496.260 496.265 496.270 496.275 496.280 496.283 496.286 496.289 Next
Last modified: August 7, 2008