2021 Oregon Revised Statutes
Chapter 321 - Timber and Forestland Taxation
Section 321.839 - Application for forestland designation; special filing date for change in highest and best use; contents; approval.


(2) Notwithstanding subsection (1) of this section, an owner of land may apply to the county assessor by December 15 to have the land designated as forestland for the assessment year if:
(a) For the prior assessment year the land had been forestland by reason of the land being highest and best use forestland; and
(b) For the current assessment year the land is being assessed at a value reflecting a use other than highest and best use forestland.
(3) The application shall be made upon forms prepared by the Department of Revenue and supplied by the county assessor, and shall include the following:
(a) A description of all land the applicant desires to be designated as forestland.
(b) Date of acquisition.
(c) Whether the land is being held or used for the predominant purpose of growing and harvesting trees of marketable species.
(d) Whether there is a forest management plan for it.
(e) If so, whether the plan is being implemented, and the nature and extent of implementation.
(f) Whether the land is being held or used for the predominant purpose of grazing or raising of livestock.
(g) Whether the land has been platted under ORS chapter 92.
(h) Whether a permit has been granted for harvesting for excepted purposes under the Oregon Forest Practices Act.
(i) Whether the land is timberland subject to ORS chapter 477, and if it is not, the reasons therefor.
(j) Whether the land, or any of it, is subject to a lease or option which permits it to be used for any purpose other than the growing and harvesting of trees.
(k) A summary of past experience and activity of the applicant in growing and harvesting trees.
(L) A summary of current and continuing activity of the applicant in growing and harvesting trees.
(m) A statement that the applicant is aware of the potential tax liability involved when the land ceases to be designated as forestland.
(n) An affirmation that the statements contained in the application are true.
(4) The county assessor shall approve an application for forestland designation if the assessor finds that the land is properly classifiable as forestland. The county assessor shall not find land properly classifiable as forestland if the application states the land is not being held or used for the predominant purpose of growing and harvesting trees of marketable species. Otherwise, the determination whether the land is properly classifiable as forestland shall be made with due regard to all relevant evidence and without any one or more items of evidence necessarily being determinative.
(5) The application shall be considered to have been approved unless, within three months of the date such application was delivered to the assessor or prior to August 15, whichever is later, the assessor shall notify the applicant in writing of the extent to which the application is denied. [Formerly 321.815]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 08 - Revenue and Taxation

Chapter 321 - Timber and Forestland Taxation

Section 321.005 - Definitions for ORS 321.005 to 321.185, 321.560 to 321.600 and 477.440 to 477.460.

Section 321.011 - Policy.

Section 321.015 - Levy of privilege taxes upon harvest of timber for certain purposes; exclusion.

Section 321.017 - Levy of additional privilege tax; distribution to Oregon Forest Resources Institute Fund.

Section 321.035 - Determination of moneys available in Oregon Forest Land Protection Fund.

Section 321.045 - Payment of tax; returns; estimated tax; payment.

Section 321.145 - Tax revenue credited to suspense account; refunds.

Section 321.152 - Distribution of tax revenue.

Section 321.185 - Forest Research and Experiment Account; appropriation.

Section 321.207 - Valuation models; rules.

Section 321.210 - Proposed specially assessed values; notice; comments; hearing.

Section 321.213 - Forestland value advisory committee.

Section 321.216 - Certified specially assessed values.

Section 321.219 - Appeal of certified specially assessed values; notice; effect of decision modifying values; rules.

Section 321.257 - Definitions for ORS 321.257 to 321.390.

Section 321.259 - Legislative findings.

Section 321.262 - Purposes.

Section 321.267 - Lands not eligible for special assessment.

Section 321.347 - Land designations; classifications; certain election by landowners.

Section 321.348 - Assignment of forestland to land classes; change in class.

Section 321.349 - Valuation of certain forestland at farm use value.

Section 321.354 - Common ownership minimum acreage requirements; specially assessed value and maximum assessed value of forestland of large landowners.

Section 321.358 - Application for designation as forestland; special filing date for change in highest and best use; contents; approval.

Section 321.359 - Removal of designation; appeal from reassessment or denial; requalification.

Section 321.366 - Date on which disqualification of forestland is effective; timely notice of disqualification required.

Section 321.367 - Forestland management; effect of failure to manage forestland in accordance with management plan; rules.

Section 321.390 - Land used to grow certain hardwood to be assessed as farm use land; application required for unzoned land.

Section 321.550 - Notice of intent to harvest; rules; effect of failure to file notice; penalty.

Section 321.560 - Audit of returns; interest and penalties upon failure to file return or pay tax.

Section 321.570 - Warrant for collection of delinquent taxes.

Section 321.609 - Enforcement of certain statutes by department; rules.

Section 321.682 - Confidentiality of reports, returns and appraisal data.

Section 321.684 - Authority of department to make certain disclosures.

Section 321.700 - Definitions for ORS 321.700 to 321.754.

Section 321.703 - Legislative findings and declarations.

Section 321.706 - Application for small tract forestland qualification; contents; filing deadlines; review; appeal.

Section 321.709 - Small tract forestland qualification requirements.

Section 321.712 - Circumstances under which notification is required; disqualification for failure to notify.

Section 321.716 - Disqualification; requalification under certain circumstances; notice; automatic qualification as forestland.

Section 321.719 - Continued qualification as small tract forestland following sale or transfer; requirements; late filing procedure and fee.

Section 321.722 - Valuation.

Section 321.726 - Severance tax upon harvest from small tract forestland.

Section 321.733 - Severance tax returns.

Section 321.741 - Due dates for severance tax return and payment.

Section 321.746 - Severance tax revenues.

Section 321.751 - Western Oregon Timber Severance Tax Fund; revenue distribution.

Section 321.754 - Eastern Oregon Timber Severance Tax Fund; revenue distribution.

Section 321.805 - Definitions for ORS 321.805 to 321.855.

Section 321.808 - Purposes.

Section 321.817 - Legislative findings.

Section 321.824 - Lands not eligible for special assessment.

Section 321.833 - Common ownership minimum acreage requirements; specially assessed value and maximum assessed value of forestland of large landowners.

Section 321.839 - Application for forestland designation; special filing date for change in highest and best use; contents; approval.

Section 321.842 - Removal of forestland designation; appeal; requalification.

Section 321.845 - Date on which disqualification of forestland is effective; timely notice of disqualification required.

Section 321.855 - Land used to grow certain hardwood to be assessed as farm use land; application required for unzoned land.