(2) The department shall approve the petition if the department, in consultation with the district board of directors, determines that:
(a) It is not and would not be feasible for the land described in the petition to receive services from the district; or
(b) The work of the district would not benefit the soil, water or natural resource conditions of the land described in the petition.
(3) The department shall deny the petition if the department, in consultation with the district board, determines that:
(a) It is or would be feasible for the land described in the petition to receive services from the district; and
(b) The work of the district would benefit the soil, water or natural resource conditions of the land described in the petition.
(4) If the department approves the petition, the department shall redefine the boundaries of the district and make any adjustments to the district zones necessary to comply with ORS 568.560.
(5) Land withdrawn from a district with an ad valorem tax is not subject to taxes levied for the district after the withdrawal date. The district board shall provide the notice of boundary change to the Department of Revenue and the county assessor under ORS 568.435.
(6) If a petitioner disagrees with the decision of the department, the petitioner may initiate a referendum on the decision by submitting additional petitions signed by 10 percent or more of the electors residing in the existing district. The referendum election shall be governed by ORS chapter 255. Only electors residing in the existing district are eligible to cast ballots in the referendum election.
(7) If a majority of the ballots cast at the referendum election are in favor of the withdrawal, the department shall approve the petition, redefine the boundaries of the district and make any adjustments to the district zones necessary to comply with ORS 568.560. [2009 c.220 ยง15]
Structure 2021 Oregon Revised Statutes
Volume : 15 - Water Resources, Agriculture and Food
Chapter 568 - Soil and Water Conservation; Water Quality Management
Section 568.210 - Definitions for ORS 568.210 to 568.808 and 568.900 to 568.933.
Section 568.300 - Petition for formation of district; contents; consolidation of petitions.
Section 568.310 - Notice of hearing; questions considered.
Section 568.320 - Right to be heard; subsequent notice and hearings.
Section 568.340 - Determination to not form district; subsequent petitions may be filed.
Section 568.370 - Eligible electors.
Section 568.391 - Referendum process; ballot contents; results.
Section 568.410 - Formation of district.
Section 568.420 - Certificate of formation; boundaries of district.
Section 568.431 - Petitions for inclusion of territory; conditions; referendum.
Section 568.433 - Petitions for withdrawal of territory; conditions; referendum.
Section 568.435 - Boundary change notice for taxation purposes.
Section 568.450 - Procedure for consolidating districts.
Section 568.495 - Disposition of district assets; insolvency; rules.
Section 568.520 - Petitions nominating directors; regular elections; duties of department.
Section 568.530 - Ballots; write-in votes; unfilled positions.
Section 568.542 - Payment of expenses for director election from county funds.
Section 568.565 - Procedures for changing number of directors.
Section 568.600 - Legal counsel; delegation of powers; assistance to department.
Section 568.610 - Records; audits.
Section 568.790 - County funds for personnel and other uses.
Section 568.803 - General obligation bonds; refunding bonds; special taxes.
Section 568.805 - Special assessments; improvement bonds; objections by landowners.
Section 568.806 - Ad valorem tax; budget; collection.
Section 568.807 - Electors authorizing taxation; election date.
Section 568.810 - Purpose of ORS 568.810 to 568.890; types of wind erosion.
Section 568.820 - Designation of areas by county court upon petition; description of boundaries.
Section 568.840 - Election of advisory board; meetings; members; functions.
Section 568.860 - Inspector may enter lands in district; service of notice on owner or occupant.
Section 568.870 - County court may authorize inspector to control erosion; expenses of control.
Section 568.900 - Definitions for ORS 568.900 to 568.933.
Section 568.933 - Civil penalties; availability; reductions.