Public land managers must consult on projects with the potential to impact listed plants (see Permits and Consultations webpage for details).
Oregon's threatened and endangered (listed) plants are legally protected under
ORS 564.105 and
OAR 603-073 on all non-federal public lands, including state, county, municipal, and other publicly managed properties. These laws prohibit any unsanctioned “take" of a listed species—defined broadly under
OAR 603-073-0002(20) to include collecting, cutting, damaging, destroying, digging, killing, picking, removing, transplanting, transporting, or otherwise disturbing a listed plant, as well as the collection or disruption of pollinators or other organisms shown by research to be required by the listed species to effectively grow or reproduce.
Determining if a survey is needed
Any activity that results in, or may result in, a take of a listed plant on non-federal public land—including ground-disturbing, vegetation-disturbing, plant growth-suppressing, or reproduction-inhibiting activities within known or suspected listed plant habitat—constitutes a "land action" under OAR 603-073-0002(1) and requires consultation with ODA and may require a Threatened and Endangered Plant Protection Permit before proceeding. This requirement applies to land managers, third parties authorized to work on non-federal public land, and other qualifying persons. Regulatory protection also extends to any exchange, transfer, or sale of state-owned land that would remove a population of a listed species from state jurisdiction.
The following steps will help you determine if a survey is needed:
- 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
- Do any listed species naturally occur in the county, in which the project is taking place?
Yes: Go to next question
No: No survey is required
- 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, however, a land manager must document the lack of potential habitat at the site in order to answer no to this question. Presence of absence of potential habitat must be determined by a qualified botanist familiar with the target species and its habitat.
Botanical Surveys and Impact Assessments
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.
Applicants initiating the consultation process are typically required to obtain a botanical survey for listed plants within the proposed project area and submit a survey report to ODA along with a written impact assessment. The impact assessment must describe all ground-disturbing and vegetation-disturbing activities—whether direct or indirect—and provide a qualitative and quantitative evaluation of potential effects on any listed plant populations present. The assessment should address the degree, severity, spatial extent, and duration of the proposed activities and their anticipated impacts, including but not limited to ground compaction, digging, cutting, trimming, removing, picking, damaging, destroying, or killing plants, interfering with plant growth, and disrupting pollinators or other organisms demonstrated by research to be necessary for the listed species to effectively grow or reproduce.
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:
- Project will have no impact to listed plants and no additional information is needed. Land manager will be notified that the project may proceed.
- Additional information is needed and will be requested.
- 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.
ODA permits and consultations fulfill Oregon's regulatory requirements for listed plants on non-federal public land, but do not fulfill separate permit or consultation requirements that may apply under other state or federal agencies' jurisdictions.
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