OAR 635-430-0100: Compatibility with Existing Laws or Ordinances

(1) Department approval of a wildlife habitat conservation and management plan does not authorize violation of federal or state laws or local ordinances, nor does it supersede any requirements to obtain permits or authorizations required by federal or state laws or local ordinances. (2) New and existing dwellings may be allowed on a subject property as provided in ORS 215.799. The fact that a property is subject to wildlife habitat special assessment does not make it easier or more difficult for a landowner to obtain approval for a dwelling on the property. If ODFW determines that additional dwellings significantly degrade the quality of the habitat or prevents implementation of the Plan, the property may be disqualified from the Wildlife Habitat Conservation and Management Program following procedures in 635-430-0080.