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Oregon Revised Statutes

Or. Rev. Stat. § 321.716 (2026)

Disqualification; requalification under certain circumstances; notice; automatic qualification as forestland

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      321.716 Disqualification; requalification under certain circumstances; notice; automatic qualification as forestland. (1) The county assessor shall disqualify land as small tract forestland upon:

      (a) Sale or transfer of the small tract forestland;

      (b) Discovery by the assessor that the land is no longer forestland;

      (c) The owner’s owning or holding in common ownership more than 5,000 acres of Oregon forestland;

      (d) The owner’s owning or holding in common ownership less than 10 acres of Oregon forestland;

      (e) Written notice from the State Forestry Department that the land no longer meets the stocking and species requirements applicable to small tract forestland under rules adopted by the Department of Revenue;

      (f) The land’s qualifying for another special assessment listed in ORS 308A.706 (1)(d)(A), (B), (F) or (G); or

      (g) The recording of a subdivision plat under ORS chapter 92 that subdivides the land.

      (2) If, pursuant to subsection (1)(g) of this section, the county assessor disqualifies small tract forestland upon the recording of a subdivision plat, the land may requalify for small tract forestland assessment upon:

      (a) Payment of all additional tax and interest that remains due and owing as a result of the disqualification;

      (b) Submission of an application for small tract forestland assessment under ORS 321.706 and approval of the application by the county assessor; and

      (c) Compliance with any applicable local government zoning ordinances governing minimum lot or parcel acreage for forest use.

      (3)(a) If a sale or transfer of small tract forestland is the basis for disqualification under subsection (1)(a) of this section, the land may not be disqualified until 30 days after the county assessor issues a notice of intent to disqualify to the purchaser or transferee of the small tract forestland. The assessor shall issue a notice of intent to disqualify within 15 months after the date of the sale or transfer.

      (b) The land shall automatically qualify for special assessment under ORS 321.257 to 321.390 or 321.805 to 321.855, whichever is applicable, unless the assessor determines that the land does not constitute forestland.

      (4) Upon disqualification of land under subsection (1) of this section, additional taxes shall be determined as provided in ORS 308A.700 to 308A.733. [2003 c.454 §6; 2005 c.400 §1; 2007 c.809 §20]

Notes of Decisions
Cited in 3 cases, 2012–2013 · leading case: Crew v. Clackamas Cnty. Assessor, No. TC-MD 120815N (Or. T.C. Apr. 5, 2013).
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Crew v. Clackamas Cnty. Assessor, No. TC-MD 120815N (Or. T.C. Apr. 5, 2013). · cites it 5× “STATEMENT OF FACTS Plaintiffs appeal from Defendant’s letter, dated June 27, 2012, which stated: “In accordance with ORS 321.716, 8.94 acres of [property identified as Account 00129382 (subject property)] will be removed from Special Assessment as Small Tract Forestland,…”
Garner v. Polk Cnty. Assessor, No. TC-MD 111166N (Or. T.C. July 17, 2012). “]” ORS 321.716(1)(b). Following disqualification from Western Oregon forestland special assessment, “an additional tax shall be added to the tax extended against the land on the next assessment and tax roll[.”
Rosalie Ridge LLC v. Multnomah Cnty. Assessor, No. TC-MD 111234C (Or. T.C. Dec. 11, 2012). “) Defendant stated the subject property was being disqualified because environmental overlays had been applied imposing “restrictions such that the property no longer meets the definition of forestland.”
Or. Rev. Stat. § 321.716(1): 1 case
Crew v. Clackamas Cnty. Assessor, No. TC-MD 120815N (Or. T.C. Apr. 5, 2013). “STATEMENT OF FACTS Plaintiffs appeal from Defendant’s letter, dated June 27, 2012, which stated: “In accordance with ORS 321.716, 8.94 acres of [property identified as Account 00129382 (subject property)] will be removed from Special Assessment as Small Tract Forestland,…”
Or. Rev. Stat. § 321.716(1)(b): 3 cases
Garner v. Polk Cnty. Assessor, No. TC-MD 111166N (Or. T.C. July 17, 2012). “]” ORS 321.716(1)(b). Following disqualification from Western Oregon forestland special assessment, “an additional tax shall be added to the tax extended against the land on the next assessment and tax roll[.”
Crew v. Clackamas Cnty. Assessor, No. TC-MD 120815N (Or. T.C. Apr. 5, 2013). “STATEMENT OF FACTS Plaintiffs appeal from Defendant’s letter, dated June 27, 2012, which stated: “In accordance with ORS 321.716, 8.94 acres of [property identified as Account 00129382 (subject property)] will be removed from Special Assessment as Small Tract Forestland,…”
Rosalie Ridge LLC v. Multnomah Cnty. Assessor, No. TC-MD 111234C (Or. T.C. Dec. 11, 2012). “) Defendant stated the subject property was being disqualified because environmental overlays had been applied imposing “restrictions such that the property no longer meets the definition of forestland.”
Or. Rev. Stat. § 321.716(4): 1 case
Crew v. Clackamas Cnty. Assessor, No. TC-MD 120815N (Or. T.C. Apr. 5, 2013). “STATEMENT OF FACTS Plaintiffs appeal from Defendant’s letter, dated June 27, 2012, which stated: “In accordance with ORS 321.716, 8.94 acres of [property identified as Account 00129382 (subject property)] will be removed from Special Assessment as Small Tract Forestland,…”
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