Listed Plant Permits and Consultations

Determining if a survey is needed​

  1. Do any known populations occur within the project impact area? Contact the Oregon Biodiversity Information Center for a list of known populations of listed plant species within two miles of the project. 
    Yes: A survey is required, use the survey report template   
    No: Go to next question
  2. Do any listed species occur in the county, in which the project is taking place?
    Yes: Go to next question
    No: No survey is required
  3. Does any potential habitat occur within the project impact area?
    Yes: A survey is required, use the survey report template
    No: No survey is required*
* A land manager must document the lack of potential habitat at the site in order to answer no to this question. Presence or absence of potential habitat must be determined by a qualified botanist familiar with the target species and its habitat.

​Surveying a project area

If listed species occur or are likely to occur on lands targeted for action, a survey of the project area will determine if the proposed action has the potential to reduce the species' survival or recovery.

Surveys must be conducted:

  • ​By a person with expertise in field botany, plant taxonomy, and biological conservation
  • During the time of year when it is possible to identify any listed plants (usually when plants are in flower and fruit)
See the resources section for a survey report template. The survey results and an assessment of potential impacts to any listed plants identified on the property must be submitted to the Oregon Department of Agriculture (ODA) Native Plant Conservation Program within 30 days of receiving the survey report and before starting on-the-ground activities.  

After submitting a survey to ODA

After receiving the survey report, ODA will notify the land manager of its findings within 45 days. 

One of the following three determinations will occur:

  1. ​​Project will have no impact to listed plants and no additional information is needed. Land manager will be notified that the project may proceed.
  2. Additional information is needed and will be requested.
  3. Project will impact a listed plant. Written evaluation of the land action in relation to the population of the listed species may be required. See the resources section for written evaluation requirements.
ODA will review the written evaluation and return comments within 90 days. Alternatives to proposed actions may be recommended and a formal consultation or permit may be required.

After the initial consultation

Public land managers are required to do the following:

  • Evaluate population trends (including threats) of listed species on state-managed lands where ongoing actions may be in conflict with the law (ORS 564.105-564.120)
  • Reassess the number and locations of listed species on their lands
  • Submit a summary of this information in an annual written report to ODA by December 31 of each year

Resources

Checklist of required information to include in evaluation of land action impacts to state-listed plants

List if information to provide if a land action is going to impact a state-listed plant Document

OAR 603-073: Plants: Wildflowers and endangered, threatened, and candidate species

Law or rule

ODA Listed Plant Survey Report Template

List of information to be included in a listed plant survey report. Document

Oregon Biodiversity Information Center

Website

ORS 564: Wildflowers; Threatened or Endangered Plant

Law or rule

Sample Rare Plant Survey Data Sheet

Sample datasheet to use when conducting field surveys for listed plants. Document

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​Contact

Main Office
Native Plant Conservation
635 Capitol Street NE
Salem, OR 97301
Phone: 503-986-4636
Fax: 541-737-3573
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