The new statutes in Section 477.090 (7)(d) provide that Appeals are to be conducted as a Contested Case as described in ORS Chapter 183. Administrative Rules (OAR’s) that implement Chapter 183 are adopted in OAR 137-003. A significant change by requiring a Contested Case is that the process became much more legalistic and intimidating. Property owners may use an attorney for their appeal but property that is in a trust or business, or partnership or LLC must use an attorney (OAR 137-003-0505 (1)(h)). This has caused no end to frustration. Additionally, any appeal must be based on flaws with the mapping system or manner of adoption or outright mistakes. It cannot be based on anything you have done to make your property safer. The map is developed at what is called landscape scale so that evaluations are on land that is larger than a taxlot. Thus any challenges must be to the map itself and to its creation.
The appeal form has two boxes to possibly check plus a box for other concerns.
- The hazard value or wildland interface assignment is not consistent with adopted rules.
- The criteria of the hazard map (climate, weather, topography vegetation) were not applied correctly.
These two reasons to appeal are suggestions on the appeal form. We surmise that they have already developed a defense from these statements.
Additional reasons may include:
- No clear language, graphics, visuals examples, underlying criteria for assigning hazard zones are publically available and comprehensible to a public audience as required by ORS 477.090 (11)(a).
- Data is not available to the public for inspection to verify accuracy-computer program is not public domain to inspect data
- Data is applied theoretically and not verified with actual conditions
- Values are inflated
- Data is not shown at a taxlot level, however the map is required in OAR 629-1021 to be at the taxlot level, reducing accuracy.
- The map was not coordinated with local partners including counties
- The information used is not accurate
- The wildfire hazard value cannot be verified to determine compliance with criteria.
Appeal forms as well as a complete set of notification documents are available on the Oregon Department of Forestry Website.