OAR Chapter 629 — Department of Forestry

Division 1 PROCEDURAL RULES

Or. Admin. R. 629-001-0000 Administrative Rule Notification

Prior to the adoption, amendment, or repeal of any rule, the State Forester shall give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date.

(2) By mailing a copy of the notice to persons on the Forester’s mailing list established pursuant to ORS 183.335(8)(c), at least 28 days prior to the effective date.

History

Statutory/Other Authority: ORS 183.310(1), 192.610-710, 526.016(4) & 526.041(1)
Statutes/Other Implemented: ORS 183.550, 192.610 - 192.710 & 526.016
DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024
FB 3-1992, f. & cert. ef. 3-10-92
FB 10-1986, f. & ef. 9-25-86
FB 45, f. & ef. 3-26-76

Or. Admin. R. 629-001-0003 Definitions

The following words, when used in this division shall mean the following unless otherwise required by context:

(1) "Board" means the State Board of Forestry.

(2) "State Forester" means the State Forester or the duly authorized representative of the State Forester.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 183.310 - 183.550
DOF 5-2002, f. & cert. ef. 7-1-02

Or. Admin. R. 629-001-0005 Model Rules of Procedure

The Model Rules of Procedure under the Administrative Procedures Act, promulgated by the Attorney General effective January 1, 2024 are hereby adopted as the rules of procedures of the Board of Forestry and the State Forester.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Board of Forestry.]

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 183.341
DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024
DOF 1-2008, f. 3-6-08, cert. ef. 3-7-08
DOF 3-2006, f. & cert. ef. 3-15-06
DOF 6-2004, f. & cert. ef. 6-10-04
DOF 1-2002, f. & cert. ef. 3-13-02
DOF 4-2000, f. 10-25-00, cert. ef. 10-31-00
DOF 3-1998, f. 3-10-98, cert. ef. 4-22-98
FB 1-1996, f. & cert. ef. 3-13-96
FB 1-1994, f. & cert. ef. 3-11-94
FB 3-1992, f. & cert. ef. 3-10-92
FB 6-1988, f. & cert. ef. 9-9-88
FB 5-1986, f. & ef. 6-17-86
FB 1-1984, f. & ef. 1-6-84
FB 2-1982, f. & ef. 3-3-82
FB 1-1982(Temp), f. & ef. 2-8-82
FB 8-1980, f. & ef. 3-20-80
FB 1-1980, f. & ef. 1-9-80
FB 4-1978, f. & ef. 3-13-78
FB 46, f. & ef. 4-19-76
FB 34, f. 10-19-73, ef. 11-11-73
FB 27, f. 11-12-71, ef. 12-1-71

Or. Admin. R. 629-001-0010 Agency Representation by Officer or Employee

(1) Subject to the approval of the Attorney General, an officer or employee of this agency is authorized to appear on behalf of the agency in the following types of hearings conducted by this agency:

(a) Hearings arising out of any finding or proposed order of the State Forester issued under ORS 527.610 to 527.798, 527.992; and

(b) Hearings arising out of any finding or proposed order of the State Forester issued under ORS 477.490.

(2) The agency representative may not make legal argument on behalf of the agency.

(a) "Legal argument" includes arguments on:

(A) The jurisdiction of the agency to hear the contested case;

(B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and

(b) "Legal argument" does not include presentation of motions, evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on:

(A) The application of the statutes or rules to the facts in the contested case;

(B) Comparison of prior actions of the agency in handling similar situations;

(D) The admissibility of evidence; or

(E) The correctness of procedures being followed in the contested case hearing.

History

Statutory/Other Authority: ORS 183 & 526
Statutes/Other Implemented: ORS 183 & 526
DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 1-1990, f. & cert. ef. 3-15-90

Or. Admin. R. 629-001-0015 Rules of Procedure for Contested Cases; Applicability

The rules of procedure in this Division, OAR 629-001-0010 to 629-001-0055, apply to all contested cases before the board and State Forester, unless otherwise provided by law, and are in addition to the procedural requirements of the Attorney General's Model Rules adopted in 629-001-0005. Contested cases covered by these rules include, but are not limited to the following:

(1) Appeal of civil penalties assessed under ORS 527.687;

(2) Appeal of "any finding or order" under ORS 527.610 through 527.770 and 527.992;

(3) Hearings requested by persons adversely affected or aggrieved by an operation requiring a written plan under ORS 527.700(3) through (9);

(4) Appeal of temporary orders to cease further activity under ORS 527.680(3) and 527.680(4);

(5) Appeal of repair orders issued under ORS 527.680(2)(b) and 527.690(1);

(6) Appeal of orders prohibiting new operations under ORS 527.680(5);

(7) Review of State Forester's proposal to conduct repair work at state expense under ORS 527.690(2); and

(8) Appeals of decisions on land exchanges under OAR 629-033-0055

History

Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715
Statutes/Other Implemented: ORS 183.310 - 183.550
DOF 1-2026, amend filed 01/09/2026, effective 01/12/2026
DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024
DOF 2-2011, f. 3-14-11, cert. ef. 3-15-11
DOF 1-2011(Temp), f. & cert. ef. 1-7-11 thru 7-5-11
DOF 2-2004, f. & cert. ef. 2-10-04
DOF 5-2002, f. & cert. ef. 7-1-02

Or. Admin. R. 629-001-0020 Requesting Hearings

(1) All requests for hearing shall be made in writing, within the time period provided by statute or rule.

(2) All requests shall specifically state the issues to be addressed and the relief sought.

(3) Requests for hearing involving civil penalties shall comply with OAR 629-670-0310.

(4) Requests for hearing involving a finding or order of the State Forester issued under ORS 527.610 to 527.770 shall comply with OAR 629-672-0200.

(5) Requests for hearing by persons adversely affected or aggrieved by an operation approved under ORS 527.670(3) shall comply with OAR 629-672-0210.

(6) Requests for hearing involving land exchanges shall comply with OAR 629-033-0055.

History

Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715
Statutes/Other Implemented: ORS 183.310 - 183.550
DOF 1-2026, amend filed 01/09/2026, effective 01/12/2026
DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024
DOF 2-2011, f. 3-14-11, cert. ef. 3-15-11
DOF 1-2011(Temp), f. & cert. ef. 1-7-11 thru 7-5-11
DOF 5-2002, f. & cert. ef. 7-1-02

Or. Admin. R. 629-001-0025 Conduct of Hearings

(1) Unless otherwise provided by law or order of the board or State Forester in a specific case, contested case hearings will be conducted by an administrative law judge, who shall prepare a proposed order for consideration by the board or State Forester.

(2) Unaccepted proposals of settlement shall be privileged and shall not be admissible as evidence in the proceeding.

(3) In civil penalty proceedings, conferences and hearings shall held at locations which are within the forest practices region of the person being assessed the penalty, unless otherwise agreed to by the State Forester and parties.

(4) The issues for hearing shall be limited to those raised by the parties or by the State Forester in a request for hearing or other pre-hearing filings.

(5) Timing of hearings and orders are stated as follows, unless all parties agree to an extension of the time limits:

(a) For appeals from orders of the State Forester under ORS 527.700(1), hearings shall be commenced within 14 days after receipt of the request for hearing, and a final order shall be issued within 28 days of the request for hearing.

(b) For appeals by persons adversely affected or aggrieved by an operation under ORS 527.700(3), hearings shall be commenced within 21 calendar days after receipt of the request for hearing. The board’s comments shall be issued within 45 days after the request for hearing was filed.

(c) For appeals by persons adversely affected or aggrieved by a proposed or amended stewardship agreement, hearings shall be commenced within 45 calendar days after receipt of the request for hearing. A final order shall be issued within 45 calendar days of the concluded hearing.

(d) Hearings on notices of civil penalty under ORS 527.687 shall not be held less than 45 days from the date of service of the notice of penalty. The hearing shall be held not more than 180 days following issuance of the notice.

(6) In order to comply with statutory timelines, the administrative law judge may establish time limits different from those under OAR 137-003-0580 for making and responding to motions for ruling on legal issues. The administrative law judge shall not consider a motion for ruling on a legal issue if the agency requests that the case proceed to a hearing on that issue.

History

Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715
Statutes/Other Implemented: ORS 183.310 - 183.550
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
DOF 2-2004, f. & cert. ef. 2-10-04
DOF 5-2002, f. & cert. ef. 7-1-02

Or. Admin. R. 629-001-0030 Transmittal of Questions to the Agency

(1) Questions transmitted to the agency, as provided for in OAR 137-003-0635 in the Attorney General’s Model and Uniform Rules, shall be transmitted to the State Forester.

(2) Response may be made by the State Forester or the State Forester’s delegate.

History

Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715
Statutes/Other Implemented: ORS 183.310 - 183.550
DOF 5-2002, f. & cert. ef. 7-1-02

Or. Admin. R. 629-001-0035 Immediate Review by Agency

(1) Matters referred to the agency for immediate review, as provided for in OAR 137-003-0640 in the Attorney General’s Model and Uniform Rules, shall be transmitted to the State Forester.

(2) Rulings on requests for immediate review may be made by the State Forester or the State Forester’s delegate.

History

Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715
Statutes/Other Implemented: ORS 183.310 - 183.550
DOF 5-2002, f. & cert. ef. 7-1-02

Or. Admin. R. 629-001-0040 Exceptions to Proposed Orders

(1) In all cases in which the administrative law judge is to issue a proposed order, exceptions by a party or the agency must be filed in the manner and time specified by the administrative law judge, making allowance for any statutory timeline applicable to the proceeding. If no time is specified, exceptions must be filed with the administrative law judge within seven days after the proposed order is issued.

(2)(a) The exceptions shall be confined to factual and legal issues which are essential to the ultimate and just determination of the proceeding, and shall be based only on grounds that:

(A) A necessary finding of fact is omitted, erroneous, or unsupported by the preponderance of the evidence on the record;

(B) A necessary legal conclusion is omitted or is contrary to law or the board's policy; or

(b) The exceptions shall be numbered and shall specify the disputed finding, opinions, or conclusions. The nature of the suggested error shall be specified and the alternative or corrective language provided.

(3) A proposed order will become a final order if no exceptions are filed within the time specified, unless the agency notifies the parties and the administrative law judge that the agency will issue the final order. All proposed orders shall include a statement to this effect.

History

Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715
Statutes/Other Implemented: ORS 183.310 - 183.550
DOF 2-2004, f. & cert. ef. 2-10-04
DOF 5-2002, f. & cert. ef. 7-1-02

Or. Admin. R. 629-001-0045 Final Orders in Contested Cases

(1) Following hearing, the administrative law judge will prepare the record and proposed order for filing with the board as expeditiously as possible. In the case of hearings related to orders of the State Forester pursuant to ORS 527.700, the record and proposed order shall be filed with the board within five working days of the close of hearing unless an extension has been agreed to by the parties and State Forester. Except as provided in section (2) of this rule, no less than a majority of the board shall then review and consider the proposed order and record, hold a meeting or telephone conference, and take final action as provided for in this rule.

(2) If upon a determination by the board chairperson, the board cannot complete a final order within applicable statutory time limits, the chairperson may delegate authority to issue a final order to the administrative law judge.

(3) After reviewing and considering the proposed order and record, the board may do any of the following:

(a) Schedule written or oral argument from the State Forester and any party that filed exceptions to the proposed order. The board chairperson shall determine whether oral argument, written argument, or both will be permitted after consulting with the board members.

(A) Oral argument shall be allowed only if the board determines it is necessary or appropriate to assist in the proper disposition of the case, and shall be:

(i) Limited to matters raised in written exceptions; and

(ii) Conducted under such time limits as the board chairperson determines are appropriate.

(B) The board chairperson shall notify the agency and parties of the form of argument, if any, to be allowed.

(b) Remand the matter to the administrative law judge for further hearing on such issues as the board specifies, and to prepare a revised proposed order as appropriate, under OAR 137-003-0655(2).

(d) Enter an amended proposed order or final order that modifies or rejects the recommendation of the administrative law judge. If the board decides to modify or reject the proposed order, the board must comply with OAR 137-003-0655 and 137-003-0665.

History

Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715
Statutes/Other Implemented: ORS 183.310 - 183.550
DOF 1-2026, amend filed 01/09/2026, effective 01/12/2026
DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024
DOF 2-2004, f. & cert. ef. 2-10-04
DOF 5-2002, f. & cert. ef. 7-1-02

Or. Admin. R. 629-001-0050 Reconsideration and Rehearing

As a condition of judicial review, a party must file a petition for reconsideration or rehearing with the person or body which rendered the final order in the proceeding. The petition must state with specificity the grounds for objection to the order, and the remedy sought.

History

Statutory/Other Authority: ORS 526.016(4), 527.687(3) & 527.715
Statutes/Other Implemented: ORS 183.310 - 183.550
DOF 5-2002, f. & cert. ef. 7-1-02

Or. Admin. R. 629-001-0055 Delegation of Authority to State Forester

In addition to any duties and responsibilities conferred upon the State Forester by law or delegation of authority from the Board of Forestry, the State Forester may, with regard to the administration of contested cases:

(1) Execute any written order, on behalf of the board, which has been consented to in writing by the person or persons adversely affected by the order;

(2) Prepare and execute written orders, on behalf of the board, implementing any action taken by the board on any matter;

(3) Prepare and execute orders, on behalf of the board, upon default where:

(a) The adversely affected party or parties have been properly notified of the time and manner in which to request a hearing and have failed to file a proper, timely request for a hearing; or

(b) Having requested a hearing, the adversely affected person or persons have failed to appear at the hearing.

(4) Prepare and execute written orders related to OAR 629-044-1041.

History

Statutory/Other Authority: ORS 526.016(4), 527.685(4), 527.687(3) & 527.715
Statutes/Other Implemented: ORS 527.685 & 183.310 - 183.550
DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024
DOF 2-2004, f. & cert. ef. 2-10-04
DOF 3-2003(Temp), f. 9-5-03, cert. ef. 9-8-03 thru 3-6-04

Or. Admin. R. 629-001-0057 Delegation of Authority to State Forester — Responding to Claims under ORS 197.352

(1) This rule delegates to the State Forester certain duties and responsibilities to carry out the authorities of the Board of Forestry and the Department in responding to claims under ORS 195.305 (Formerly Chapter 1, Oregon Laws 2005, 2004 Ballot Measure 37). This rule further provides for review and modification by the Board of Forestry of certain actions taken by the State Forester pursuant to this delegation of authority.

(2) The State Forester is vested by the Board of Forestry with authority to respond to claims under ORS 195.305 by:

(a) Reviewing claims;

(b) Denying claims;

(c) Recommending approval of claims by modifying, removing, or not applying the statute(s) or rule(s) that are the basis of the claim; or

(d) Recommending payment of claims. These actions shall be done in compliance with Department of Administrative Services administrative rules relating to ORS 195.305.

(3) The State Forester shall submit to the Board any recommendation made under paragraph (2)(c) or (d) of this rule. The Board may accept or modify the State Forester’s recommendation.

(4) The State Forester shall establish procedures to provide notice of any action on a claim under ORS 195.305 as required by Department of Administrative Services administrative rules relating to ORS 195.305.

(5) Actions by the Board of Forestry or State Forester on claims under this rule are actions under ORS 195.305, and are not orders under ORS 527.700.

History

Statutory/Other Authority: ORS 197.352, ORS 526 & 527
Statutes/Other Implemented: ORS 197.352, 526.016, 526.031 & 526.041
DOF 19-2024, amend filed 09/30/2024, effective 10/01/2024
DOF 2-2006, f. 1-11-06 cert. ef. 1-13-06

Division 10 BOARD ADMINISTRATION; PUBLIC RECORDS; PARKING

Or. Admin. R. 629-010-0005 Board Administration — Definitions

The following words and phrases, when used in this division shall mean the following unless the context otherwise requires:

(1) “Board” means the Board of Forestry of the State of Oregon.

(2) “Chairperson or Chairman” means the Chairperson of the Board.

(3) “Committee” means a committee of the Board.

(4) “Secretary” means the State Forester.

History

Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1)
Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4)
FB 3-1992, f. & cert. ef. 3-10-92
FB 38, f. 6-10-74, ef. 7-11-74

Or. Admin. R. 629-010-0010 Rules of Order

Roberts Rules of Order are adopted for the conduct of meetings of the Board and committees of the Board; however, Oregon statutes, specific rules of order adopted by the Board, or actions of the Board will take precedence over Roberts Rules of Order. Rules of order adopted by a committee shall not be effective until approved by the Board.

History

Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1)
Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4)
FB 3-1992, f. & cert. ef. 3-10-92
FB 38, f. 6-10-74, ef. 7-11-74

Or. Admin. R. 629-010-0020 Chairperson

Under the provisions of ORS 526.009(1), the Chairperson has the following powers and duties:

(1) The duties of a presiding officer as prescribed by Roberts Rules of Order.

(2) The duty to appoint standing and ad hoc committees.

(3) Pursuant to ORS 526.016(3), in cooperation with the State Forester, the duty to determine where Board meetings are to be held.

History

Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1)
Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4)
FB 3-1992, f. & cert. ef. 3-10-92
FB 38, f. 6-10-74, ef. 7-11-74

Or. Admin. R. 629-010-0030 Agendas

The Secretary shall send an agenda together with the minutes of previously held committee meetings and the minutes of the last Board meeting to all members of the Board prior to each Board meeting.

History

Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1)
Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4)
FB 3-1992, f. & cert. ef. 3-10-92
FB 38, f. 6-10-74, ef. 7-11-74

Or. Admin. R. 629-010-0040 Order of Business

The order of business of Board meetings shall be determined by the Chairperson in cooperation with the State Forester. At the request of any two Board members, the Chairperson shall include a specific item on the agenda.

History

Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1)
Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4)
FB 3-1992, f. & cert. ef. 3-10-92
FB 38, f. 6-10-74, ef. 7-11-74

Or. Admin. R. 629-010-0050 Quorum

A majority of the members of the Board or a committee constitutes a quorum to do business.

History

Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1)
Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4)
FB 3-1992, f. & cert. ef. 3-10-92
FB 38, f. 6-10-74, ef. 7-11-74

Or. Admin. R. 629-010-0060 Meetings and Notice

The Secretary shall follow the procedures established by the Attorney General for giving notices of Board and committee meetings. Unless a meeting is called exclusively for the purpose of holding an executive session pursuant to ORS 192.660, copies of the meeting notices shall be sent to organizations and individuals that the Board may designate. In addition, a copy of the notice shall be sent to any organization or individual that has indicated to the Chairperson or to the Secretary an interest in the subject matter to be considered at a meeting.

History

Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1)
Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4)
FB 3-1992, f. & cert. ef. 3-10-92
FB 38, f. 6-10-74, ef. 7-11-74

Or. Admin. R. 629-010-0080 Committees

The Chairperson may appoint standing committees or ad hoc committees to consider matters of Board responsibility which are not feasible to be handled by the Board as a whole.

History

Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1)
Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4)
FB 3-1992, f. & cert. ef. 3-10-92
FB 38, f. 6-10-74, ef. 7-11-74

Or. Admin. R. 629-010-0090 Attendance

In accordance with ORS 182.020, the Secretary shall submit a copy of the minutes of each Board meeting to the Governor or the Governor’s Assistant including members present and absent with an attachment indicating the members’ reason for absence.

History

Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1)
Statutes/Other Implemented: ORS 192.610 - 192.710 & 526.016(4)
FB 3-1992, f. & cert. ef. 3-10-92
FB 38, f. 6-10-74, ef. 7-11-74

Or. Admin. R. 629-010-0100 Compensation of Board Members

If a Board member should elect to decline payment for compensation as set forth by ORS 292.495, the Board member shall submit a signed statement to that effect on forms available from the Administrative Secretary of the Forestry Department. After declining payment, a member may at any subsequent date choose to accept payment by submitting a written statement indicating this change.

History

Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1)
Statutes/Other Implemented: ORS 292.495
FB 3-1992, f. & cert. ef. 3-10-92
FB 38, f. 6-10-74, ef. 7-11-74

Or. Admin. R. 629-010-0200 Public Records — Charges for Copying and Purchasing Public Records

Pursuant to ORS 192.430 and 192.440, the Department of Forestry establishes the following fees and section:

(1) Copy Charges:

(a) Fees will not be charged for copies of public records, which the State Forester has determined to be appropriate for dissemination without charge, under Department statutes and policies. Fees for other copies will be charged as provided in this rule;

(b) A fee of 25¢ an image will be charged for copies made on standard office copy machines. This fee may be waived if fees total less than $2;

(c) The charge for certifying copies of public records shall be $5 for the first ten pages and 25¢ for each additional page. This is in addition to other fees charged;

(d) Office service labor will be charged for any service requiring excessive time beyond what is usually offered by the Department as free public service for research, compilation, and supervision of public records use. This shall be at the hourly rate of the employee or employees selected to do the job, plus the current percentage for other personnel expenses. Employees will be selected based on the needed skills and availability. An average hourly rate may be used if more than one employee is required.

(2) Computer Processing Charges:

(a) Actual computer time will be charged for the specific job;

(b) Programmer, analyst, and clerical support time will be charged at rates noted in subsection (1)(d) of this rule;

(d) Other supplies will be charged at actual cost;

(e) A minimum fee of $5 will be charged for computer processing.

(3) Other Charges:

(a) Established costs will be charged for documents published by the Department, including booklets, maps, law books, and other materials;

(b) Actual costs will be charged for tape recordings, photographs, and other materials;

History

Statutory/Other Authority: ORS 183.310(1), 192.610 - 192.710, 526.016(4) & 526.041(1)
Statutes/Other Implemented: ORS 192.430 - 192.440
FB 3-1992, f. & cert. ef. 3-10-92
FB 1-1986, f. & ef. 1-10-86

Or. Admin. R. 629-010-0210 Parking at Department-Owned Facilities — Purpose of Rule

The Department of Forestry has developed OAR 629-010-0210 through 629-010-0230 to describe the Department’s policy regarding parking at facilities owned or controlled by the Department in compliance with ORS 276.595.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 276.595
FB 8-1996, f. & cert. ef. 11-7-96

Or. Admin. R. 629-010-0220 Definition

"Department” means State of Oregon, Department of Forestry.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 276.595
FB 8-1996, f. & cert. ef. 11-7-96

Or. Admin. R. 629-010-0230 Procedures

The following procedures shall apply:

(1) The Department under the authority granted by ORS 276.595, shall maintain a policy of not charging parking fees for vehicles or other equipment at all facilities owned or controlled by the Department.

(2) This policy will apply to all Department employees, Department visitors, members of boards, commissions, or committees, or any governmental entities.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 276.595
FB 8-1996, f. & cert. ef. 11-7-96

Division 20 STATE AGENCY COORDINATION PROGRAM

Or. Admin. R. 629-020-0000 Purpose

The purpose of these rules is to establish the procedures used by the Department of Forestry in implementing the provisions of its State Agency Coordination Program, as required by ORS 197.180 and OAR 660, divisions 030 and 031. The State Agency Coordination program will assure that the Department’s land use programs comply with statewide land use planning goals and are compatible with acknowledged city and county comprehensive plans and land use regulations. It is not the intent of these rules to prevent either the Board of Forestry or the Department of Forestry from carrying out their statutory responsibilities.

History

Statutory/Other Authority: ORS 197
Statutes/Other Implemented: ORS 197.180
FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

Or. Admin. R. 629-020-0010 Applicability

This division is applicable to the following Department “land use” programs:

(1) Administrative Services; and

(2) State Forest Management; and

(3) Any other Department program subsequently determined to affect land use pursuant to ORS 197.180 and OAR 660-030-0075.

History

Statutory/Other Authority: ORS 197
Statutes/Other Implemented: ORS 197.180
FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

Or. Admin. R. 629-020-0020 Compliance with the Statewide Planning Goals and Compatibility with Acknowledged Comprehensive Plans and Land Use Regulations

Prior to undertaking any action or program listed in OAR 629-020-0010, the Department shall find that the program or action complies with the statewide planning goals and is compatible with acknowledged comprehensive plans and land use regulations. The Department shall make its goal compliance and plan compatibility findings in accordance with OAR 629-020-0000 through 629-020-0080.

History

Statutory/Other Authority: ORS 197
Statutes/Other Implemented: ORS 197.180
FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

Or. Admin. R. 629-020-0030 Compliance with the Statewide Planning Goals

(1) The Department shall attempt to achieve goal compliance whenever possible by taking actions that are compatible with the acknowledged comprehensive plans of the applicable local governing body.

(2) Except where it is necessary for the Department to adopt findings for compliance with the statewide planning goals, the Department shall achieve goal compliance by acting compatibly with acknowledged comprehensive plans and land use regulations.

(3) An action within a land use program of the Department is considered by the Department to be in compliance with the statewide planning goals when such action is compatible with the acknowledged comprehensive plan and land use regulations of the applicable local governing body.

(4) In the event that the Department is required to adopt compliance findings against any of the statewide goals, the Department shall adhere to the following procedures:

(a) Confirm that a situation exists pursuant to OAR 660-030-0065(3) which requires the Department to adopt findings of compliance with one or more of the statewide planning goals;

(b) Identify the specific statewide planning goal(s) or goal requirements the Department must address;

(d) Request interpretive guidance from DLCD and the Attorney General’s office;

(e) Rely on any relevant goal interpretations for state agencies adopted by LCDC under OAR 660;

(f) Adopt any necessary findings to assure compliance with the statewide planning goals.

History

Statutory/Other Authority: ORS 197
Statutes/Other Implemented: ORS 197.245 & 197.250
FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

Or. Admin. R. 629-020-0040 Compliance with Acknowledged Comprehensive Plans and Land Use Regulations

(1) In order to approve or undertake a capital construction project, capital improvement project, property development project or land acquisition project under the Administrative Services Program, the Department shall find that the project complies with and is compatible with acknowledged city and county comprehensive plans and land use regulations. To make its compatibility findings, the Department shall comply with the following procedures:

(a) The Department shall make application for local government approval of a Department project where necessary. A Department decision to proceed with a project or action shall not be made until either of the following two procedures are completed:

(A) A copy of the local land use permit or equivalent documentation is acquired from the applicable local governing body or its designee that the proposed project or action has received land use approval is attached to the preliminary plan; or

(B) A letter or some other form of verification is acquired from the applicable local governing body or its designee stating that the proposed project or action is permitted under the jurisdiction’s comprehensive plan but does not require specific land use approval.

(b) Final project plans will be developed after the local government approval required above has been obtained. The final project plans shall incorporate the conditions established by the local governing body for final approval.

(2) The Department shall satisfy its plan compatibility findings for a capital construction project, capital improvement project, property development project or land acquisition project approved under the Administrative Services Program in the Salem metropolitan area and subject to the jurisdiction of the Capitol Planning Commission (CPC) by adhering to the CPC’s land use coordination rules in OAR 110, division 10, and the procedure contained in the CPC’s certified State Agency Coordination Program.

(3) An applicant seeking approval to locate non-forest uses or facilities such as radio towers, microwave sites, radio repeater buildings on state-owned forest land (under the management of the Department) shall provide information to the Department assuring the proposed project is in compliance with the statewide planning goals and is compatible with any applicable comprehensive plans and land use regulations. Such documentation shall be submitted to the Department prior to Department approval and shall include:

(a) A copy of the local land use permit or equivalent documentation from the applicable local governing body or its designee stating that the proposed project or action has received land use approval; or

(b) A letter or some other form of verification from the applicable local governing body or its designee stating that the proposed project or action is permitted under the jurisdiction’s comprehensive plan but does not require specific land use approval.

(4) The Department will assure that the State Forest Management Program is compatible with acknowledged city and county comprehensive plans and land use regulations. The elements of the State Forest Land Management Program that affect land use include:

(a) Land use designations;

(b) Plans (long range plans, block plans, annual operation plans, and transportation plans);

(d) Other forest uses (forest uses not regulated by the Forest Practices Act, such as recreation, wildlife uses, etc.) and non-forest uses (sale of rock, sand, gravel, pumice, and other such material from the lands, powerlines, reservoirs, etc.);

(e) State lands within urban growth boundaries (subject to local government regulation of forest practices).

(5) In order to achieve compatibility with acknowledged comprehensive plans and land use regulations for county trust lands and other forest lands managed pursuant to ORS 530.010 to 530.290 by the Board of Forestry through the State Forest Management Program, and Common School Forest Lands managed by the Board of Forestry through the Department’s State Forest Management Program pursuant to ORS 530.450 et seq., the Department shall adhere to the following procedures:

(a) Land Use Designations:

(A) When land use classifications are updated, the District Forester will review state forest land use designations with affected local government and request their comment on the compatibility of the land use designations with the comprehensive plan;

(B) If a conflict or issue is raised by local government with regard to the compatibility of the land use designations, the dispute resolution process described under OAR 629-020-0050 will be followed.

(b) Plans:

(A) The District Forester will notify local government that a state forest plan is being developed and request their review and comment on the compatibility of the draft plan with the comprehensive plan;

(B) If a conflict or issue is raised by local government with regard to the compatibility of the state forest plan, the dispute resolution process described under OAR 629-020-0050 will be followed.

(A) Prior to completing land acquisitions, sales or exchanges, the appropriate District Forester will provide copies of the proposal to the appropriate local government for their review, comment and input;

(B) Requirements for the acquisition of land in ORS 530.010 (Board of Forestry Lands), procedures for the exchange of land in 530.040 (Board of Forestry Lands), and procedures for the exchange of land in 530.510 (Common School Forest Lands) will be followed. ORS 530.010 requires that the Board shall not acquire land without prior approval, duly made and entered, of the county court or board of county commissioners of the county in which the lands are situated. ORS 530.040 requires that land exchanges between counties be similarly approved as the acquisition of land in 539.010. Additionally, before making any exchanges, the Board of Forestry shall hold a hearing at the courthouse of the county in which the lands are situated and provide notice of the hearings in an appropriate newspaper. ORS 530.510 requires that the county court or board of county commissioners of the county, or counties, in which such land is situated, shall approve such exchanges, and only after their approval shall the exchange be consummated;

(C) If a conflict or issue is raised by local government with regard to the compatibility of the acquisition, sale or exchange, the dispute resolution process described under OAR 629-020-0050 will be followed.

(d) Other Forest Uses and Non-Forest Uses:

(A) Procedures outlined in subsections (5)(a) and (b) of this rule for assuring the compatibility of land use designations and plans will be followed to assure the compatibility of other forest uses with acknowledged comprehensive plans;

(B) Prior to approving non-forest uses on state forest lands, the District Forester will provide copies of the proposal to the appropriate local government for their review, comment and input on the compatibility of the proposed use with the comprehensive plan;

(C) If a conflict or issue is raised by local government with regard to the compatibility of the other forest use or non-forest use, the dispute resolution process described under OAR 629-020-0050 will be followed.

(e) State forest lands within urban growth boundaries (subject to local government regulation of forest practices):

(A) If state forest lands are currently within an urban growth boundary, the Department, through the local District Forester, will encourage the local government to appropriately adjust their urban growth boundary to place the state forest lands outside the urban growth boundary. Failing that, the District Forester will encourage the local government to adopt and enforce regulations on forest operations that are consistent with the Oregon Forest Practices Act;

(B) If a local government decides to amend their urban growth boundary to encompass state forest land, the local District Forester will consult with the local government to determine their reasons for the urban growth boundary amendment. The Department will not support such amendments, unless the local government provides substantial convincing evidence consistent with Goal 14 and Goal 2 that is supportive of the amendment;

(C) Prior to commencing any forest operations within a urban growth boundary, the District Forester will consult with the appropriate local government to determine if forest operations are regulated by the local government. If forest operations are regulated, then the District Forester will ensure that a copy of the local land use permit or equivalent documentation is acquired from the applicable local governing body or its designee that the proposed forest operation has received land use approval.

History

Statutory/Other Authority: ORS 197
Statutes/Other Implemented: ORS 197 & 530.010 - 530.290
FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

Or. Admin. R. 629-020-0050 Dispute Resolution

It is the intent of the Department to achieve compatibility between Department land use programs and acknowledged comprehensive plans and land use regulations whenever possible. However, a situation may occur where the Department believes its statutory mandates, including but not limited to ORS Chapter 530 (Acquisition and Management of State Forests), may prevent the Department from meeting its land use compatibility responsibility under 197.180. The Department shall attempt to resolve all disputes regarding land use issues, including conflicting statutory obligations, by direct contact with the affected cities and counties. However, if no agreement can be reached, the following procedures will be followed to resolve land use disputes concerning approval of a Department program or action:

(1) Hold direct discussions with the affected local government(s), DLCD, and any other appropriate or affected persons or agencies in accordance with applicable informal dispute resolution procedures.

(2) If the Department’s statutory obligation remains in conflict after exhausting the appropriate procedures under section (1) of this rule, and the Department determines that it must act, the Board of Forestry (or its designated representative) shall adopt findings in writing explaining why it cannot act compatibly with applicable city or county comprehensive plans and land use regulations and then, adopt goal findings to assure compliance with the statewide goals in accord with OAR 660-030-0065(3).

(3) The Department shall provide a copy of the findings referenced in section (2) of this rule to applicable city or county governments and upon request, to other interested persons explaining the rationale for its decision.

(4) If the dispute is not resolved through sections (1)–(3) of this rule, the Department may request informal mediation or a compatibility determination from the LCDC in accordance with OAR 660-030-0070.

History

Statutory/Other Authority: ORS 197
Statutes/Other Implemented: ORS 197, 197.180 & 530.010 - 530.520
FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

Or. Admin. R. 629-020-0060 Compliance and Compatibility of New or Amended Land Use Programs

The Department will use the following procedures to assure that new or amended agency rules and programs affecting land use will comply with the statewide goals and be compatible with acknowledged comprehensive plans and land use regulations:

(1) The Department shall submit notice of any amendment to any Department program affecting land use or any new Department rule or program, except for amendments or new rules and programs related to the Oregon Forest Practices Act (which is expressly exempt from these requirements), to the Department of Land Conservation and Development as required by OAR 660-030-0075.

(2) Such notice shall be provided to DLCD in writing not less than 45 days before adoption of any amendment to a program affecting land use or adoption of any new rule or program.

(3) The notice provided to DLCD shall demonstrate that the proposed new adoption or amendment:

(a) Does not affect land use and therefore is not a land use program; or

(b) Affects land use and that goal compliance and comprehensive plan compatibility can be assured through the existing SAC Program procedures; or

(c) Affects land use and procedures in the certified SAC Program are not adequate to ensure compatibility and compliance. In this case, the notice shall include an explanation of how compliance and compatibility will be achieved in accordance with the applicable provisions of OAR 660-030-0075.

History

Statutory/Other Authority: ORS 197
Statutes/Other Implemented: ORS 197.250
FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

Or. Admin. R. 629-020-0070 Coordination with Affected State and Federal Agencies and Special Districts

The Department shall coordinate with state and federal agencies and special districts on Department projects or actions affecting land use when necessary. Additionally, the Department may coordinate with state agencies, federal agencies, and others on land use issues of concern to the Department. Generally, this type of coordination is to provide to state agencies, federal agencies and others, the Department’s perspective on the compatibility of programs or actions that others have proposed with the policies and programs of the Board of Forestry. Department contacts for interagency coordination will be determined by the type of program or action, and may include the Department Land Use Coordinator, a representative from the affected Department program, or local (field) land use planning coordinator (as designated by the District Forester).

History

Statutory/Other Authority: ORS 197
Statutes/Other Implemented: ORS 197.180
FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

Or. Admin. R. 629-020-0080 Cooperation and Technical Assistance to Local Governments

(1) Subject to statutory and budgetary limitations, the Department:

(a) May provide technical assistance and information to local government;

(b) May participate in local land use planning and regulations, including review of applications for forest dwellings, periodic review, plan amendments and plan updates; and

(c) May promote the adoption of state land use policies and local land use ordinances that consider the land use policies and programs of the Board of Forestry.

(2) Participation and coordination with local government with regard to the programs herein determined to affect land use will be accomplished by the Department working directly with the responsible local government. This involvement will include coordination and participation among the Department, project sponsors, lessors, other affected parties as appropriate and the local jurisdiction to help assure that local land use and building requirements are addressed. In the Salem Metropolitan Area, this will be accomplished principally through the Department’s involvement with the Capitol Planning Commission.

History

Statutory/Other Authority: ORS 197
Statutes/Other Implemented: ORS 197.629
FB 7-1990, f. 9-21-90, cert. ef. 10-1-90

Division 21 STEWARDSHIP AGREEMENTS

Or. Admin. R. 629-021-0100 Purpose

(1) Improving fish and wildlife habitat and water quality cannot succeed through laws and government actions alone. These rules implement ORS 541.973 which reflects and depends upon Oregonians characteristic spirit of volunteerism and stewardship. The rules provide the means for the Departments of Forestry and Agriculture to implement a voluntary and flexible conservation incentives program that recognizes and rewards agricultural, forest, and other landowners who choose to exceed regulatory criteria for conservation, restoration, and improvement of fish and wildlife habitat or water quality while managing land to meet their objectives. Stewardship agreements will be long-term and consider conservation from a property wide perspective, rather than at the scale of single localized projects.

(2) This program provides incentives for landowners who meet and exceed regulatory requirements to achieve conservation. Regulatory requirements are continually reviewed and revised in the face of new scientific information and changing social values. As such, the relevant habitat and water quality statutes provide the means to evaluate whether a landowner is meeting and exceeding regulatory criteria.

(3) For lands and activities falling under the Oregon Forest Practices Act, the purpose of the stewardship agreement program is also to more efficiently implement the provisions of the Act as a voluntary alternative to traditional mechanisms of forest operation planning, review, inspection, and enforcement.

(4) The stewardship agreement program will recognize other relevant landowner efforts, such as forest or agricultural certification and habitat conservation plans, which have been developed by landowners to meet their management objectives, as components that partially or fully qualify a landowner for a stewardship agreement.

(5) The stewardship agreement program may not meet the objectives of all landowners. Landowners who choose not to enter into stewardship agreements, although they may be qualified to do so, are not considered less protective of resources than those landowners who choose to enter into stewardship agreements.

(6) Voluntary conservation, restoration, and improvement of fish and wildlife habitat or water quality depends on effective partnerships with other parties. The stewardship agreement program seeks to develop and support cooperative and collaborative partnerships with federal, state, and local agencies and with private conservation and landowner organizations.

History

Statutory/Other Authority: ORS 541.973 & 526
Statutes/Other Implemented: ORS 541.973
DOF 1-2023, minor correction filed 07/01/2023, effective 07/01/2023
DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06

Or. Admin. R. 629-021-0200 Definitions

The following definitions apply to OAR 629-021-0100 through 629-021-1100.

(1) "Landowner" means the owner identified in the management plan and any agent or consultant authorized by the owner to implement the management plan.

(2) "Stewardship agreement" means a written agreement between the landowner and the Department(s) that ensures the implementation of a management plan meeting the intent of ORS 541.973.

(3) "Management plan" means a written, multi-resource strategy for a particular tract of farm, forest, or other land, describing how the landowner will manage the land under consideration for a stewardship agreement to meet the intent of ORS 541.973 as laid out in OAR 629-021-0100 to 1100.

(4) “Department(s)” refers to the Oregon Department of Forestry and/or the Oregon Department of Agriculture.

(5) “Inventory” means describing elements of land uses, such as pasture, crop land, timber land, habitat, and other natural features, but not information that is proprietary or sensitive to landowner financial interests.

(6) “Pesticides” include but are not limited to herbicides, insecticides, fungicides, and rodenticides. Pesticides are regulated under the Oregon Pesticide Control Law (ORS 634) and the Oregon Pesticide Regulations (OAR 603-057).

(7) “Conservation” means the management of land, water, and natural resources for the purpose of meeting human and ecological needs in a sustainable manner.

History

Statutory/Other Authority: ORS 541.973 & 526
Statutes/Other Implemented: ORS 541.973
DOF 2-2023, minor correction filed 07/01/2023, effective 07/01/2023
DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06

Or. Admin. R. 629-021-0300 Stewardship Agreement Application Process

(1) Landowner must submit a written application on a form provided by the Departments. Information required includes:

(a) Name, contact information, property location, total acres, county, etc.

(b) Name of watershed the property is located in.

(c) Map and description of property, land uses, habitats, and water features (this does not need to include detailed or sensitive information about economic uses of property; the purpose is to know property boundaries, what habitats are present, and the general land use context.

(d) Name(s) of plans and programs landowner is implementing or participating in (if any) and how they contribute to meeting the criteria in 629-021-0500, including a copy of current certification (if any) or other conservation agreements.

(e) Identification of state, regional, and local conservation goals that the stewardship agreement is implementing.

(f) Description of conservation efforts for fish, wildlife, and water quality that are being used or are proposed.

(g) Identify management plan subject to the application review and subsequent audits.

(2) A written management plan is required, which could be a combination of an existing plan and/or a plan developed specifically for this program. The management plan needs to be available to the Department(s) during the review process and for subsequent audits, but landowners are not required to provide a copy for retention by the Department(s).

(3) A management plan will include:

(a) Landowner’s name and contact information, total acreage, acreage in agriculture and forestry, legal description, watershed(s), date of plan, plan writer’s name and contact information.

(b) Landowner goals and objectives.

(d) Protection and/or enhancement of resources that exceeds regulatory requirements through land management practices and activities that are designed to achieve conservation, restoration, and improvement of fish and wildlife habitat or water quality.

(e) Maps, aerial photographs, and other visual aids to illustrate the property description and management activities.

(f) For land and activities falling under the Oregon Forest Practices Act, specific sites or resource sites that are inventoried and protected under ORS 527.710(3)(a) and OAR 629-665-0000 to 0300, or that are listed under 629-605-0170(1). Examples of these sites include sensitive bird nesting, roosting and watering sites, resource sites used by threatened and endangered fish and wildlife species, or significant wetlands.

(4) It is the policy of the Department(s) to protect confidential information in its files. The Department(s) recognize that a written management plan marked as “confidential” on the face of the document is submitted to the Department(s) on the condition that the information will be kept confidential. Any information voluntarily submitted to the Department(s) in confidence and not otherwise required by law to be submitted should reasonably be considered confidential. Such information in the management plans that should reasonably be considered confidential includes information that qualifies as a trade secret under ORS 192.345, that is, non-patented information that is known only to certain people within the organization, has commercial value, and would give its users a business advantage over competitors. Other confidential information may include information submitted in confidence that qualifies under any other public record exemption set forth in 192.345.

(5) The handling of confidential materials shall be as follows:

(a) The Department will make immediate distribution to the appropriate personnel.

(b) Confidential material is stored in and returned to files at end of day and protected from visual inspection by unauthorized persons at all times.

History

Statutory/Other Authority: ORS 541.973 & 526
Statutes/Other Implemented: ORS 541.973
DOF 3-2023, minor correction filed 07/01/2023, effective 07/01/2023
DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06

Or. Admin. R. 629-021-0400 Application Review

(1) Applications will be reviewed jointly by the Departments.

(2) Application review will include a review of the past record of compliance with applicable laws and regulations regarding land use and management.

(3) The Departments will accept applications at any time and will review applications in a reasonable time, normally within 90 days.

(4) For applications covering lands in both agriculture and forest use, the Departments will designate one of the Departments to be the primary contact for development of the agreement, with both Departments approving the agreement.

(5) The Department(s) will consult with appropriate state and federal agencies and other conservation partners regarding potential issues related to their responsibilities and expertise.

(6) The Department(s) and landowner will work jointly to develop a draft stewardship agreement. This will include a site visit with the landowner.

History

Statutory/Other Authority: ORS 541.423 & 526
Statutes/Other Implemented: ORS 541.423
DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06

Or. Admin. R. 629-021-0500 Criteria to Evaluate Adequacy of a Landowner Management Plan To Meet Purpose of Rules

(1) The management plan will include provisions to protect or conserve fish and wildlife habitat, water resources, and soil resources appropriate to the property and consistent with landowner objectives.

(2) The management plan will be reviewed against the following criteria (a–c) to determine whether the landowner is implementing management actions that exceed regulatory requirements for the conservation, restoration, and improvement of fish and wildlife habitat or water quality.

(a) Management actions to conserve, restore, and improve fish and wildlife habitat:

(A) Specific conservation goals for fish and wildlife habitat are established.

(B) Alignment with Oregon’s ‘Comprehensive Wildlife Conservation Strategy’, an adopted subbasin plan, and/or other watershed or landscape-scale conservation plan is demonstrated.

(D) Threatened, endangered, and at-risk species and associated habitats are protected, enhanced, or restored.

(E) Food, water, and shelter components of habitat for fish and wildlife are provided (e.g. snags, nesting trees, downed wood, side-channels, bat/bird/bee boxes hedgerows, field edges, etc.).

(F) Crop selection and/or management accommodates fish and wildlife habitat needs.

(G) Native habitat is restored and enhanced, consistent with historic vegetative patterns. Restoration includes diverse native species, structure, and age of vegetation appropriate to the site and its regional context.

(H) Special consideration is given to native habitats known to be uncommon, rare or at risk (i.e. prairie, oak woodland, bottomland hardwood forest).

(I) Natural hydrology is restored to provide habitat for native fish and other aquatic species.

(J) Where feasible, natural disturbance processes like fire and flooding are allowed to function.

(K) Road disturbances to fish and wildlife habitat are minimized.

(L) Fish passage limitations are addressed.

(M) Water diversions are screened or otherwise managed to provide fish passage and prevent entrapment.

(N) Water withdrawals are managed to enhance the needs of fish and wildlife habitat.

(b) Management actions to conserve, restore and improve water resources:

(A) Riparian vegetation is protected, managed, or restored to provide erosion control, sediment and nutrient filtering, and other functions of a properly functioning riparian area.

(B) Sediment runoff and animal wastes are controlled at the source to prevent ground and/or surface water contamination.

(D) Irrigation and drainage systems are managed to prevent waste of water and to protect water quality.

(E) Road systems are managed to reduce or eliminate sediment delivery to streams and to prevent catastrophic failure.

(F) Cultural and biological pest prevention strategies are used to reduce or eliminate the need for pesticide applications (e.g. Integrated Pest Management).

(G) Precautions are taken to prevent leaks or spills of pesticides or petroleum products, such as fuel, motor oil, and hydraulic fluid, from reaching waters of the state and sensitive native habitats.

(A) Tillage practices minimize degradation of soil quality and conserve organic matter and soil aggregation.

(B) Soils are protected from erosion by optimizing plant cover or residue throughout the year. Practices include but are not limited to: permanent vegetative cover in orchards, nurseries, and vineyards, mulch in row crops, and by using pastures and appropriate intensity, duration, and frequency of livestock grazing.

(D) Soil disturbance and compaction during timber harvest is minimized.

(E) A comprehensive nutrient management plan or other means are used to conserve and recycle nutrients by converting organic wastes into productive uses and by seeking ways to generate nutrients on farm. Practices that can be used include but are not limited to: cover cropping, on-farm composting, and integrating livestock into farm production.

(F) Land management on steep slopes and fragile soils is conducted in a manner to reduce or eliminate impacts to the site.

History

Statutory/Other Authority: ORS 541.423 & 526
Statutes/Other Implemented: ORS 541.423
DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06

Or. Admin. R. 629-021-0600 Stewardship Agreement

(1) The agreement will include the landowner’s commitment to:

(a) Implement the activities and monitoring identified in this agreement for enhancing conservation, restoration, and improvement of fish and wildlife habitat or water quality.

(b) Comply with and manage beyond relevant habitat and water quality rules and statutes.

(2) The agreement will identify the activities and monitoring that will be done for conservation, restoration, and improvement of fish and wildlife habitat or water quality.

(3) The agreement will include the Departments’ commitment to:

(a) Accept the agreement as demonstrating compliance with state regulatory requirements if the agreement demonstrates such compliance.

(b) Provide specific assistance or incentives that may include: information about conservation programs, certification for marketing purposes, technical assistance, coordination with other agencies to resolve issues.

(4) For lands subject to the Oregon Forest Practices Act, the stewardship agreement may include sufficient detail to meet the requirements for:

(a) Written plans under ORS 527.670(3), OAR 629-605-0170, and 629-605-173;

(b) Fifteen-day waiting periods under OAR 629-605-0150 (1), except as provided by ORS 527.670 (9) for aerial chemical applications;

(d) Other administrative rules and statutes related to notification, such as for fire protection, taxation, safety, water withdrawals, or public subscriptions.

(5) Landowners may have active forest operations on lands that are part of a proposed stewardship agreement. If so, the stewardship agreement will immediately apply those operations when the stewardship agreement is finalized.

(6) Department access to stewardship agreement lands is limited to reviews and audits for which landowners have provided authority. Landowners may also choose to authorize additional limited access to lands under the stewardship agreement for purposes of biological effectiveness monitoring.

(7) The agreement will include the frequency of audits, which will be established based on the Departments’ evaluation of the relative complexity of the management plan and the terms of the stewardship agreement.

History

Statutory/Other Authority: ORS 541.423 & 526
Statutes/Other Implemented: ORS 541.423
DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06

Or. Admin. R. 629-021-0700 Decision Authority

(1) The State Forester is delegated full authority by the Board of Forestry to implement the provisions of ORS 541.973 and 527.736(4), including but not limited to review of management plans and preparation and approval of stewardship agreements.

(2) Prior to approving a stewardship agreement, the Departments will provide public notice and 21 days for comment on the proposed agreement.

(3) When the Departments determine that comments from the review process are adequately addressed, the stewardship agreement will be approved.

(4) The Departments will give notice of approval, termination, and revisions of a stewardship agreement to each other, to the Oregon Department of Fish and Wildlife, and to the Oregon Watershed Enhancement Board.

(5) If the management plan includes potential chemical application operations related to forest operations, the State Forester will give notice of approval of a stewardship agreement to:

(a) Any person with surface water rights pursuant to ORS Chapter 537 who, under the provisions of 527.670(6), has previously requested in writing from the State Forester copies of notifications and written plans for chemical application operations within ten upstream miles of the water right location; and

(b) The community water system manager of any community water system where the surface water drainage area upstream of the intake is 100 square miles or less and the management plan includes potential aerial chemical application operations within 100 feet, or ground-based chemical application operations within 50 feet, of the Type D or domestic use portions of Type F streams that provide water used by the community water system.

(6) The Departments will notify persons who submitted timely comments of the approval of a stewardship agreement. Any person who submitted timely comments and who is adversely affected by the operations conducted under an approved or amended stewardship agreement may file a written request for a hearing to the appropriate Department.

(7) As provided for in ORS 568.912 and 527.700(1) and (2) a landowner may appeal an order denying approval of a stewardship agreement.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041(1)
Statutes/Other Implemented: ORS 541.973 & 527.736(4)
DOF 4-2023, minor correction filed 07/01/2023, effective 07/01/2023
DOF 3-2009, f. 5-7-09, cert. ef. 5-11-09
DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06

Or. Admin. R. 629-021-0800 Stewardship Agreement Audits

(1) The Department(s) will conduct periodic audits with the landowner on lands under a stewardship agreement.

(2) The landowner will provide authorization for the Department (or its designated agent) that is party to the stewardship agreement to conduct periodic audits on lands subject to the stewardship agreement to determine whether the management plan is being implemented and whether the stewardship agreement should be continued, revised, or discontinued.

(3) For the purpose of the stewardship agreement rules, an audit means a review of land management and resource sites identified in the stewardship agreement to determine if the terms and conditions of the stewardship agreement are being met.

(4) The frequency and the number of audits may vary based on the Departments’ evaluation of the relative complexity of the management plan, the terms of the stewardship agreement, or the performance observed during previous audits.

(5) Audits will be conducted at least once every three years. Landowners may request additional audits to help them assess their performance under the stewardship agreement or to provide an annual government certification of their operation.

(6) The Departments will provide an audit report to the landowner within a reasonable period, normally 45 days, with recommendations for needed revisions to the stewardship agreement.

History

Statutory/Other Authority: ORS 541.423 & 526
Statutes/Other Implemented: ORS 541.423
DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06

Or. Admin. R. 629-021-0900 Revising Stewardship Agreements

(1) The landowner and the Departments will cooperatively revise the stewardship agreement if:

(a) The landowner requests a revision;

(b) An audit report recommends revising the stewardship agreement;

(c) Any portion of the land changes ownership resulting in that land being removed from the stewardship agreement as per 629-021-1000(3).

(2) All revisions to the stewardship agreement are subject to the review process outlined in 629-021-0700(2) and (3).

History

Statutory/Other Authority: ORS 541.423 & 526
Statutes/Other Implemented: ORS 541.423
DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06

Or. Admin. R. 629-021-1000 Terminating Stewardship Agreements

(1) The appropriate Department will issue a written notice to terminate a stewardship agreement when:

(a) The landowner is negligent in meeting the terms of the stewardship agreement;

(b) The landowner willfully disregards the terms of the stewardship agreement; or

(c) The State Forester or Department of Agriculture and landowner fail to reach agreement about revisions required under OAR 629-021-0900 within a reasonable period, normally 45 days.

(d) Failure to comply with Federal environmental laws could be criteria for terminating or suspending a stewardship agreement.

(2) The written notice to terminate the stewardship agreement will state the conditions under section 629-021-1000(1) of this rule that exist and what, if any, remedies are necessary to avoid the termination.

(3) Any parcel of land that is sold or transferred to another landowner will immediately cease to be included in the stewardship agreement.

(4) Upon receiving a written notice to terminate the stewardship agreement, the landowner will suspend all portions of operations requiring written plans under the Forest Practices Act until written plans have been submitted and reviewed.

(5) The landowner may terminate the agreement after providing written notice to the lead Department for the agreement.

History

Statutory/Other Authority: ORS 541.423 & 526
Statutes/Other Implemented: ORS 541.423
DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06

Or. Admin. R. 629-021-1100 Periodic Review of Program

(1) An interagency review of the Departments’ implementation of the stewardship agreement program will be produced biennially, and presented to the Board of Forestry and Board of Agriculture. This report will include:

(a) A description of the agreements approved;

(b) Areas of concern regarding implementation of the program;

(d) Recommendations to revise or modify the program;

(e) A review of program effectiveness for enhancing fish and wildlife habitat and water quality.

(2) An advisory group, including the Oregon Department of Fish and Wildlife, and other interested/involved parties, will be utilized to assist the Departments in conducting the biennial review.

History

Statutory/Other Authority: ORS 541.423 & 526
Statutes/Other Implemented: ORS 541.423
DOF 11-2006, f. 11-20-06, cert. ef. 11-21-06

Division 22 FOREST RESOURCE TRUST

Or. Admin. R. 629-022-0030 Purpose and Trust Responsibilities

(1) Forest Resource Trust programs provide financial, technical and related assistance to nonindustrial private and other qualified private and local government Forestland owners to establish Forest Stands and improve management of Forestlands for Timber production, fish and wildlife, water quality and other environmental purposes.

(2) The Board of Forestry is responsible for the management of the Forest Resource Trust program. The State Forester is responsible for implementing the Trust program and policies adopted by the Board of Forestry.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0035 Applicability

(1) Provisions in OAR 629-022-0030 through 629-022-0120 apply to both the loan and cost share programs of the Forest Resource Trust.

(2) Provisions in OAR 629-022-00130 through 629-022-0410 apply only to the loan program of the Forest Resource Trust.

(3) Provisions in OAR 629-022-0800 through 629-022-0850 apply only to the cost share program of the Forest Resource Trust.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09

Or. Admin. R. 629-022-0040 Definitions

Defined words and terms are identified with upper case letters throughout these rules. As used in the Forest Resource Trust rules and contracts and agreements entered into under the Forest Resource Trust rules, unless the context requires otherwise:

(1) “Actual Trust Cost” means the portion of Incurred Costs paid by the Trust.

(2) "Adequately Stocked" means the number and size of the trees growing within a Forest Stand meets the standards determined by the State Forester in OAR 629-022-0390.

(3) “Approved Consulting Services” means services and supplies to be provided by a Resource Management Professional approved by the State Forester as specified in a Forest Resource Trust loan program contract or cost-share agreement.

(4) “Approved Practices” means the schedule and manner of forest Practices, Environmental Restoration and related materials and supplies approved by the State Forester.

(5) “Budgeted Cost” means the expected cost of an Approved Practice or an Approved Consulting Service.

(6) “Carbon Offsets” means credits registered or used, transferred or sold to comply with air quality or other greenhouse gas mitigation measures for the purpose of compensating for emissions of carbon dioxide from other sources such as the burning of fossil fuels for energy production. Carbon Offsets are not considered to be a Forest Product as defined in OAR 629-22-040(15).

(7) A “Catastrophe” means an event or circumstance beyond the Landowner's control, resulting in all or part of a Forest Stand being incapable of producing harvest revenues to make repayment of Trust funds as described in OAR 629-022-0300.

(8) “Consulting Services” means services and supplies to be provided by a Resource Management Professional necessary to conduct a Practice or Environmental Restoration.

(9)"Conversion" means an Operation conducted on Underproducing Forestland with the objective of removing undesirable competing vegetation, including the incidental harvest of Forest Products and establishing an Adequately Stocked, Free to Grow Forest Stand.

(10) “Direct Cost Payment” means the disbursement of Forest Resource Trust funds on behalf of the Landowner for up to 100 percent of the Incurred Cost of an Approved Practice or Approved Consulting Service as specified in a Loan Program Contract.

(11) “Ecosystem Services” means environmental benefits arising from the conservation and management of forestland, including, but not limited to, fish and wildlife habitat, clean water and air, pollination, mitigation of environmental hazards, control of pests and diseases, carbon sequestration, avoidance of carbon dioxide emissions and maintenance of soil productivity.

(12) "Environmental Restoration" means a practice that protects, restores or improves natural resources. For example, an Environmental Restoration practice may enhance wildlife habitat for a sensitive species such as the osprey or a threatened species such as the bald eagle; improve water quality, reduce water temperature, or provide large woody debris to a stream in a watershed enhancement area; improve the health of an insect damaged or diseased forest; or protect soils from erosion or degradation.

(13) “Final Harvest” means forest products are removed from the stand to create a Harvest Type 1, or 3 condition, described as:

(a) “Harvest Type 1” means an Operation that requires reforestation but does not require wildlife leave trees. A Harvest Type 1 is an Operation that leaves a combined stocking level of Free To Grow seedlings, saplings, poles and larger trees that is less than the stocking level established by rule of the board that represents adequate utilization of the productivity of the site.

(b) “Harvest Type 3” means an Operation that requires reforestation and requires wildlife leave trees. This represents a level of stocking below which the size of Operations is limited under ORS 527.740 and 527.750.

(14) "Forestland" means land zoned in a county comprehensive plan for forest or farm use that is capable of producing commercial hardwood or softwood Timber, regardless of the vegetation currently on the land.

(15) "Forest Products" include, but are not limited to, logs, poles and pilings, lumber, chips, and pulp.

(16) "Forest Stand" means the aggregation of all trees within the project boundary.

(17) "Free To Grow" means the State Forester has determined that a Forest Stand has well distributed trees, of acceptable species and of good form and has a high probability of remaining or becoming vigorous, healthy and dominant over undesired competing vegetation.

(18) "Harvest" means the Forest Products in a Forest Stand are cut, severed, removed or sold.

(19) “Incurred Costs” means the actual invoiced amount from a Provider of Services or a Provider of Supplies for completing an Approved Practice or Approved Consulting Service; or the Budgeted Cost for the Approved Practice or Approved Consulting Service; whichever is lower.

(20) "Landowner" means the Person or Persons who are eligible to apply for or receive financial and technical assistance through Forest Resource Trust programs.

(21) "Loan Program Contract" means the Forest Resource Trust contract that is signed by the State Forester and the Landowner as the means to receive financial and technical assistance under the Forest Resource Trust’s loan program.

(22) “Low Site Forestland” means Forestland that is capable of annual wood production between 20 and 119 cubic feet per acre per year at culmination of mean annual increment (Cubic Foot Site Class IV, V and VI).

(23) “No Salvage Value” means Forest Products remaining within portions of the Forest Stand affected by a Catastrophe that have no economic value or insufficient economic value such that any Salvage Operation resulting in the Harvest Type 1 or Harvest Type 3 Operation would meet the provisions of OAR 629-610-0070.

(24) "Nonindustrial Private Forestland Owner" means:

(a) Any forest Landowner who has not owned a forest product manufacturing facility within the past 6 months that employed more than 6 people; and

(b) Is not owned or partially owned, or controlled, by any Person who has owned a forest products manufacturing facility within the past 6 months that employed more than 6 people.

(25) "Operation" means any commercial activity relating to the growing or harvesting of forest tree species.

(26) "Person" means an individual, partnership, corporation, Limited Liability Company, trustee, business or other entity.

(27) "Practice" means an operational forest activity identified in the project plan that results in stand establishment or the improved management of Forestland.

(28) "Project" means the Practices, Environmental Restoration and consulting services required to establish a Forest Stand or improve the management of Forestland.

(29) “Provider of Services” means an individual, business, or other entity that has the knowledge, skills, equipment, and ability to plan, conduct or supervise Approved Practices or Approved Consulting Services.

(30) “Provider of Supplies” means an individual, business, or other entity that provides supplies used to implement Approved Practices or Approved Consulting Services.

(31) “Qualified Private or Local Government Forestland Owner” means any Landowner that holds fee title to Forestland except state or federal government agencies.

(32) "Resource Management Professional" means a Person who the State Forester recognizes as having the ability to develop Landowner plans for managing the biological, economic, and environmental relationships of forest resources, and to identify appropriate activities to manage, protect, or enhance forest resources, and who has:

(a) A degree in forestry, biology or related sciences, plus at least a year of forestry consulting or employment experience; or

(b) An associate degree in forestry, biology or related sciences, plus at least 5 years of forestry consulting or employment experience.

(33) "Salvage" means Harvest of trees that are dead, dying or damaged and deteriorating.

(34) "State Forester" means the State Forester as defined in ORS 526.031 or any duly authorized representative or any successor thereto.

(35) "Timber" means all logs which can be measured in board feet and other Forest Products.

(36) "Trust" means the Forest Resource Trust as authorized in ORS 526.700 through 526.775.

(37) “Unapproved Costs” means Incurred Costs related to Practices or consulting services that were:

(a) Not approved or budgeted for payment by the Trust; or

(b) Approved Practices or consulting services that were not completed to the satisfaction of the State Forester.

(38) "Underproducing Forestland" means any Forestland that is capable of producing at least 20 cubic feet of wood fiber per acre per year at culmination of mean annual increment, but does not currently support the minimum number of Free To Grow trees required in the reforestation rules under the Forest Practices Act.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0050 Project Criteria

The State Forester must use the following criteria to evaluate and approve proposed Projects:

(1) The highest priority Projects are those favoring:

(a) Landowners with existing Loan Program Contracts or cost-share Practice plans in good standing that request additional funds to ensure that their Forest Stands reach Free To Grow, remain Adequately Stocked or otherwise remain in an improved forest management condition;

(b) Lands with a written forest management plan that encompasses the eligible land and has been created or updated within the last 5 years;

(c) Environmental Restoration or other Approved Practices consistent with conservation plans or strategies adopted by the Oregon Department of Fish and Wildlife;

(d) Landowners who contribute funds, labor, equipment and material; and

(e) Lands covered by a Stewardship Agreement as defined in ORS 541.423.

(2) Projects of medium priority are those including:

(a) Lands that are of higher site productivity based on the region in which they occur;

(b) Larger acreages;

(d) Forest Products that are harvested during the Conversion.

(3) The lowest priority Projects are those that meet the requirements of OAR 629-022-0110 but do not contain any of the priority considerations in subsection (1) and (2).

History

Statutory/Other Authority: ORS 526.700 - ORS 526.730 & ORS 526.745
Statutes/Other Implemented: ORS 526.695 - ORS 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09

Or. Admin. R. 629-022-0060 Donations to the Trust Fund

(1) Any individual, partnership, corporation, organization or government agency may contribute funds to the Trust fund.

(2) At the request of the donor, contributed funds may be targeted by the State Forester for either the loan or cost-share program and for specific Practices or Environmental Restoration in specific watersheds, counties or regions of Oregon.

History

Statutory/Other Authority: ORS 526.700 - ORS 526.730 & ORS 526.745
Statutes/Other Implemented: ORS 526.695 - ORS 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09

Or. Admin. R. 629-022-0070 Carbon Offsets

In consideration of the benefits received through Forest Resource Trust programs, the State Forester may establish an interest in the rights to Carbon Offsets accruing to the Forest Stand through Loan Program Contracts or other instruments established in ORS 526.780, provided such action by the State Forester does not interfere with or affect the Harvest and sale of Forest Products by the Landowner.

History

Statutory/Other Authority: ORS 526.700 - ORS 526.730 & ORS 526.745
Statutes/Other Implemented: ORS 526.695 - ORS 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09

Or. Admin. R. 629-022-0080 State Forester Exceptions to these Rules

The State Forester may issue an exception to these rules so as to approve Projects that:

(1) Assist a Landowner in meeting reforestation obligations under OAR 629-610-0070 where such approval will lead to the establishment of a Forest Stand that the Landowner agrees to manage above the reforestation stocking standards in the Forest Practices Act and in 629-610-020 or as otherwise specified in the Loan Program Contract, until the conditions in 629-022-0250, Life of the Contract, are met.

(2) Contain an Environmental Restoration that results in a non-forest native vegetation habitat condition (e.g., oak savanna) important to and consistent with conservation plans or strategies adopted by the Oregon Department of Fish and Wildlife.

History

Statutory/Other Authority: ORS 526.700 to ORS 526.730 & ORS 526.745
Statutes/Other Implemented: ORS 526.695 - ORS 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09

Or. Admin. R. 629-022-0110 Trust Funds — Eligibility

(1) Only Nonindustrial Private Forestland owners with less than 5,000 acres of Forestland or up to 15,000 acres of Low Site Forestland in Oregon are eligible to receive funds under the cost-share program.

(2) Nonindustrial private and other qualified private and local government Forestland owners are eligible to receive funds under the loan program.

(3) Eligible Forestland must be Underproducing Forestland or other Forestland that is:

(a) At least 10 contiguous acres in size;

(b) Identified in the county comprehensive plan as forest, farm or conservation use;

(d) Free from all obligations under the Forest Practices Act;

(e) Free of any "no tree cutting" or “no timber harvest” covenants or encumbrances;

(f) Under no current petition before a county requesting a land use change to avoid reforestation under ORS 527.760; and

(g) Currently under no application for a claim for, or has received, economic compensation for or waiver from Forestland zoning restrictions or requirements of the Oregon Forest Practices Act.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0120 Applying for Trust Funds

(1) Any Person may apply for Trust funds, certifying on an application provided by the State Forester that:

(a) Both the lands and the Person meet the requirements of OAR 629-022-0110; and

(b) The Person requests a suspension of the reforestation requirements under OAR 629- 610-0070 when a proposed Project includes the Harvest of Forest Products.

(2) If the Person is a corporation, partnership or limited liability company, the applicant must provide the names and addresses of the stockholders, partners, members or any other Person having an ownership interest in the entity.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0130 Loan Program — Project Plan

(1) A Landowner meeting the requirements of 629-022-0110 and 629-022-0120 must submit a Project plan.

(2) A Landowner may receive technical assistance to develop the Project plan from the State Forester, other cooperating state or federal agencies, or a Resource Management Professional.

(3) The Project plan must include:

(a) Practices and Approved Consulting Services necessary to accomplish stand establishment on eligible Underproducing Forestlands or the improved management of eligible Forestland;

(b) A Project map or maps delineating the Project boundary on at an aerial photo and also showing a legend, scale, north arrow, property boundary, topography, location of Practices, acres, and where applicable to the Approved Practices in the Project plan, vegetative cover types, soil types within the Project boundary, existing or proposed roads, and sensitive resource sites or streams that are protected by the Forest Practices Act; and

(c) A description of Environmental Restoration planned within the Project boundary and the source of funding for the Practices.

(4) The Project plan must also include for each Practice described in the Project plan :

(a) Specifications for the Practice;

(b) A time schedule for completion;

(d) A description of any Forest Practices Act rules that need to be followed.

(5) When the Landowner retains a Resource Management Professional to implement a Project, the Project plan must include the Resource Management Professional fees described in OAR 629-022-0230.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0140 Approval of a Proposed Project

(1) The State Forester must use the information in the Landowner's Project plan, described in OAR 629-022-0130, in a point rating system based on the Project criteria in 629-022-0050, to select Projects for funding, subject to the requirements of 629-022-0150.

(2) When a Project is selected for funding, the State Forester must approve all Practices, Environmental Restoration, consulting services and Budgeted Costs described in the Project plan in OAR 629-022-0130(3), (4) and (5). Budgeted Costs and fees are subject to the limitations in 629-022-0220 and 629-022-0230.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0150 Loan Program Contract

(1) A Landowner receiving Project approval for Trust funding under the loan program must execute a Loan Program Contract with the State Forester.

(2) The Loan Program Contract must include:

(a) An approved Project plan;

(b) Financial agreements for repayment of Trust funds under OAR 629-022-0300 through 629-022-0410; and

(3) No work may begin on the Practices described in the Project plan that are subject to Direct Cost Payments by the Trust until the contract is signed by all parties.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0160 Loan Program Security Instrument

(1) The Landowner may be required by the State Forester to provide good and sufficient collateral to secure repayment of all funds paid to the Landowner from the Trust.

(2) Collateral must be in the form of a a general lien upon all Forest Products grown or growing within the Project boundary or boundaries and proceeds derived therefrom as specified in ORS 526.740.

(3) Costs and fees related to the collateral and the security instrument, such as title policy premiums and escrow fees, must be paid from Trust funds but may not be used to determine final payback amounts described in OAR 629-022-0300 through 629-022-0320. These costs and fees are subject to repayment following a breach of contract.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0200 Implementing the Project Plan; Payments

(1) The Landowner must implement the Practices in the Project plan and notify the State Forester when an Approved Practice or an Approved Consulting Service, or a part of a Practice or service, described in the Project plan is complete.

(2) To request a Direct Cost Payment, the Landowner must submit written invoices for the Incurred Cost of the completed Practice or consulting service notified in section (1) of this rule.

(3) The State Forester must disburse Trust funds to the land owner as Direct Cost Payments when the State Forester certifies that a Practice is complete to the specifications and within the Budgeted Costs approved in the Project plan in OAR 629-022-0140.

(4) Actual Trust costs must be used to determine final payback amounts described in OAR 629-022-0300 through 629-022-0320.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0210 Landowner Obligations

(1) The Landowner must:

(a) Complete all Project Practices described in the Project plan;

(b) Manage the Forest Stand in an Adequately Stocked and Free To Grow condition, as defined in OAR 629-022-0390;

(c) Comply with forest Practices standards required by state and federal law except for planting standards, which may be more than the required state minimums;

(d) Report any adverse changes in the condition of the Forest Stand to the State Forester; and

(e) Notify the State Forester before commencing any forest Operations.

(2) The State Forester may periodically perform compliance inspections on all Practices described in the Project plan. The State Forester must have access to all lands described in the Project plan to monitor, evaluate or certify as complete the Practices described in the Project plan.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0220 Project Rates and Costs

(1) Costs for Approved Practices or Approved Consulting Services described in the Loan Program Contract must be within Budgeted Costs determined by the State Forester, based on the prevailing rates and wages in Oregon.

(2) Project costs paid from the Trust fund may not exceed the Project costs approved in OAR 629-022-0140(2), unless the Landowner requests additional Trust funds, and provides evidence justifying additional Trust funds, prior to the completion of the Practice.

(3) The State Forester may approve additional Trust funds when:

(a) The requirements of section (2) of this rule are met; and

(b) The Landowner agrees to amend the contract and the payback amounts, described in OAR 629-022-0300 through 629-022-0320 to reflect the higher Trust fund expenditures.

(4) The Trust fund may not pay for:

(a) Purchase of capital or expendable items, such as vehicles, ongoing road maintenance, sprayers, shovels, planting hoes, saws or safety equipment; or

(b) Landowner labor, materials or equipment.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0230 Resource Management Professional Fees

(1) Resource Management Professional fees for Approved Consulting Services may be paid from Trust funds for field and office work required to write a Project plan described in OAR 629-022-0130 and to supervise the implementation and completion of all Practices in the Project plan described in 629-022-0130.

(2) The fees in section (1) of this rule must be subject to:

(a) The Landowner executing the contract under OAR 629-022-0150 and 629-022-0160; and

(b) The Landowner submitting invoices for the professional fees charged for the Approved Consulting Services under OAR 629-022-0200.

(3) All Resource Management Professional fees paid from the Trust fund must be included in the Actual Trust Costs to determine final payback amounts described in OAR 629-022-0300 through 629-022- 0320.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0250 Life of the Contract

The Loan Program Contract between the Landowner and the Trust must be terminated when:

(1) The Landowner makes full payment described in OAR 629-022-0300; or

(2) A Catastrophe destroys the entire Forest Stand, leaving No Salvage Value; or

(3) Two hundred years, or as otherwise specified in the contract, elapse since the execution of the original contract.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0300 Repaying Trust Funds

(1) The Landowner may terminate the Loan Program Contract at anytime during the life of the contract by repaying all Trust funds, including interest.

(2) The State Forester must calculate the amount due by using the Actual Trust Costs paid to the Landowner to establish the Forest Stand described in the Loan Program Contract, with annual interest at the rate determined in OAR 629-022-0320. Interest is simple, prorated to the nearest full month, and begins on the date that payment or payments are made to the Landowner.

(3) When there is a partial Harvest of Forest Products at any time during the life of the Loan Program Contract, the Landowner must make payments of 50 percent of all net receipts, until all the Trust funds, including interest are paid.

(4) When there is a Final Harvest of Forest Products from the Forest Stand, the Landowner must make full repayment of the lowest of the following:

(a) The Actual Trust Cost plus interest attributable to that portion of the Forest Stand so harvested; or

(b) The remaining amount of the Actual Trust Cost plus interest; or

(5) Repayment of Trust funds is first applied to the Actual Trust Cost paid to the Landowner and then to the accumulative interest, until repaying all the Trust funds, including interest.

(6) The Landowner must make payments to the State Forester, to be deposited in the Trust fund, within 60 days of completing the Harvest Operation triggering the need for payment.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0320 Interest Rate

(1) The rate is 4.0 percent, simple interest.

(2) The interest rate must be fixed when the Loan Program Contract is executed and may not change during the life of the contract.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.700 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
Reverted to FB 4-1994, f. & cert. ef. 8-3-94
DOF 4-2006(Temp), f. & cert. ef. 5-2-06 thru 10-28-06
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0380 Catastrophe; Salvage Adjustments

(1) A Catastrophe may be caused by:

(a) Insects, diseases, fire or other casualties and accidents; or

(b) Storms, floods, droughts and other unusual environmental conditions.

(2) When a Catastrophe damages individual trees or groups of tress within the Forest Stand:

(a) The Landowner must pay the appropriate amount on Salvaged Forest Products, as described in OAR 629-022-0300(3); and

(b) The State Forester must adjust the Forest Stand boundaries to reflect the Forest Stand capable of producing Harvest revenues. The Forest Stand boundaries may not be adjusted to exclude land with unharvested merchantable Forest Products.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0390 Adequately Stocked Forest Stand

The Landowner must manage Forest Stands established with Trust funds at or above the reforestation stocking standards in the Forest Practices Act and in OAR 629-610-020 or as otherwise specified in the contract, until the conditions in 629-022-0250, Life of the Contract, are met.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0400 Trust Administration — Landowner Breach of Loan Program Contract

A Loan Program Contract breach occurs when the Landowner fails to perform any term of the contract.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0410 Remedies for Breach of Loan Program Contract

Remedies for Breach of Loan Program Contract

(1) The Landowner must pay liquidated damages for a breach of contract by repaying all Trust funds, with interest as calculated in OAR 629-022-0300(2).

(2) At any time Forest Products are harvested in breach of contract, the Landowner must pay liquidated damages in the form of a breach penalty.

(3) In addition to any other right as provided by law, the State Forester may assign a liquidated and delinquent account, as defined by the Oregon Accounting Manual, to the Department of Revenue or to a private collection agency.

(4) The breach penalty in section (2) of this rule may include a reasonable administrative fee to recover the cost of collection services and other related costs, as described in ORS 293.231 through 293.250.

History

Statutory/Other Authority: ORS 526.700 - 526.730 & 526.745
Statutes/Other Implemented: ORS 526.695 - 526.775
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09
DOF 2-2007, f. 1-10-07 cert. ef. 1-11-07
FB 4-1994, f. & cert. ef. 8-3-94

Or. Admin. R. 629-022-0800 Cost-Share Program — Scope

(1) Nonindustrial Private Forest Landowners meeting the requirements of OAR 629-022-0110 may apply pursuant to 629-022-0120 for financial assistance under the cost-share program for the purpose of planning for or carrying out Practices, Consulting Services or Environmental Restoration that result in the establishment of Forest Stands or in the improved management of Forestlands for timber production, fish and wildlife, water quality and other environmental purposes.

(2) The State Forester must maintain, and revise as necessary, a list of cost-share components that exemplify the Practices, Consulting Services and Environmental Restoration that are eligible for financial assistance under the cost-share program.

(3) Depending on the agreements entered for funds received by the Forest Resource Trust pursuant to ORS 526.725, the State Forester may place limits on the scope of cost-share components available for financial assistance under the cost-share program or place additional years on the requirement to maintain the effectiveness of the cost-share Practice as specified in OAR 629-022-0820(8) and 629-022-0840(2).

(4) Landowners cannot apply for financial assistance under the cost-share program for Practices, Consulting Services or Environmental Restoration that have already been completed, or are in the process of being completed, at the time of application. Further, Landowners may not begin completing any Practices, Consulting Services or Environmental Restoration being applied for until the State Forester has approved or denied the Landowner’s application under OAR 629-022-0810.

(5) Practices, Consulting Services or Environmental Restoration that are likely to result in Ecosystem Services that have a reasonable chance of securing a net economic benefit from payments for these services within the maintenance period for the effectiveness of the Practice as defined in OAR 629-022-0820(8) are not eligible for cost-share reimbursement payments.

History

Statutory/Other Authority: ORS 526.700 - 526.730
Statutes/Other Implemented: ORS 526.703
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09

Or. Admin. R. 629-022-0810 Cost-Share Program Approval

(1) Landowner applications for financial assistance under the cost-share program may not be approved until the State Forester has determined that cost-share program funds are available.

(2) The State Forester must evaluate the information in the Landowner’s cost-share application to determine a project’s priority for funding based on the Project criteria in OAR 629-022-0050 subject to any limitations set-forth under 629-022-0810(3).

(3) The State Forester must maintain, and periodically update, a list of cost-share rates by cost-share component that exemplify the not-to-exceed cost-share reimbursement limits available to Landowners applying for financial assistance under the cost-share program.

(4) The State Forester must maintain, and periodically update, a list of Landowner self-labor and self-equipment use rates that exemplify the not-to-exceed cost-share reimbursement limits available to Landowners applying for financial assistance under the cost-share program.

(5) State Forester approval of the Landowner’s cost-share application constitutes an agreement between the Forest Resource Trust and the Landowner that obligates the Forest Resource Trust cost-share program funds necessary to cover the sum of the not-to-exceed cost-share reimbursement limit for each cost-share component applied for and approved.

(6) For applications that are not approved, the State Forester must notify Landowner’s of such. The State Forester must specify the reason for denying the Landowner’s application including, but not limited to, a lack of available funds, low ranking of the application with respect to the Project criteria in OAR 629-022-0050, or incompleteness of the application.

History

Statutory/Other Authority: ORS 526.700 - 526.730
Statutes/Other Implemented: ORS 526.703
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09

Or. Admin. R. 629-022-0820 Cost-Share Program Plan and Landowner Obligations

(1) Upon approval of the Landowner’s cost-share application, the State Forester must prepare a Practice plan that provides the performance specifications and time period for completing each cost-share component approved in the Landowner’s application.

(2) The Practice plan will list all the approved cost-share components and the corresponding cost-share not-to-exceed reimbursement rates for the approved application.

(3) The Practice plan is the basis by which the State Forester will determine acceptable performance by the Landowner for completing the cost-share component approved in the Landowner’s application.

(4) Landowners agree to complete all the cost-share components listed in the Practice plan.

(5) Landowners can request modifications to the Practice plan based on new information not available at the time of application or a change in site conditions since the time of application.

(6) The State Forester is not obligated to approve the Landowner’s requested modification to the Practice plan if the State Forester determines:

(a) The new information or the change in site conditions does not require a change to the Practice plan; or

(b) Funds to pay for the Practice plan modifications are not available.

(7) Landowners are responsible for obtaining the authorities, rights, easements, or other approvals necessary to implement the approved cost-share components of the Practice plan in accordance with all applicable laws and regulations including compliance with the Oregon Forest Practices Act.

(8) Upon receipt of a cost-share reimbursement payment, the Landowner agrees to maintain the effect of the implemented Practices or Environmental Restoration on the Forestland for at least 10 years from the year the cost-share reimbursement payment was received.

History

Statutory/Other Authority: ORS 526.700 - 526.730
Statutes/Other Implemented: ORS 526.703
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09

Or. Admin. R. 629-022-0830 Cost-Share Program Payment Procedures

(1) For the State Forester to approve a cost-share reimbursement payment, each cost-share component in the Practice plan must be completed according to the performance specifications and the time period identified in the Practice plan.

(2) To initiate the payment process, the Landowner must notify the State Forester of any completed cost-share component, identified in the Practice plan, for which cost-share reimbursement payment is being requested.

(3) The State Forester will review the completed cost-share components to certify that the components were completed according to the performance specifications and within the time period specified in the Practice plan.

(4) Upon certification by the State Forester that the cost-share components were completed according to the Practice plan, the State Forester will calculate the amount of the cost-share reimbursement payment to the Landowner using the appropriate cost-share rate, but not for an amount exceeding the “not-to-exceed reimbursement level” set in the Practice plan. Payment will be made payable to the Landowner.

History

Statutory/Other Authority: ORS 526.700 - 526.730
Statutes/Other Implemented: ORS 526.703
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09

Or. Admin. R. 629-022-0840 Breach of Cost-Share Program Practice Plan

(1) Any cost-share reimbursement payments under OAR 629-022-0830 are subject to repayment by the Landowner to the Trust if the Landowner fails to complete any cost-share components as specified in the Practice plan, and:

(a) Such incompletion results in a failure in stand establishment; or

(b) Does not improve the management of the forestland subject to the cost-share application.

(2) Failure to maintain the effect of the implemented Practices or Environmental Restoration on the Forestland for at least 10 years from the date the last cost-share reimbursement payment was made will require the Landowner to repay all cost-share reimbursement payments to the Trust unless the State Forester determines that such failure was due to factors beyond the Landowner’s control.

History

Statutory/Other Authority: ORS 526.700 - 526.730
Statutes/Other Implemented: ORS 526.703
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09

Or. Admin. R. 629-022-0850 Cost-Share Program: Special Circumstances

(1) When the State Forester denies a cost-share reimbursement payment because the completed cost-share component does not meet the performance specification or time period in the Practice plan, the Landowner may resubmit the payment request. The State Forester must approve the payment request when one of the following conditions has been met:

(a) The Landowner repeats the completion of the cost-share component and meets the performance specification in the Practice plan;

(b) The Landowner establishes that a reasonable effort was made and failure to meet the performance specification in the Practice plan was due to factors beyond the Landowner’s control; or

(c) The Landowner establishes that the cost-share component, as performed, does not jeopardize the stand establishment or the improved management of Forestland the cost-share component was designed to achieve.

(2) In case of death or incompetence of any Landowner, the State Forester must approve cost-share reimbursement payments to the successor in title or other persons or entities in control of the Landowner if the successor agrees to:

(a) Complete all remaining cost-share components in the Practice plan; and

(b) Meet all other Landowner obligations in OAR 629-022-0820.

(3) When the Landowner sells, conveys or otherwise looses control of the Forestland prior to completion of the Practice plan, the Landowner is required to repay all cost-share reimbursement payments to the Trust unless the new Landowner agrees to:

(a) Implement the remaining cost-share components in the Practice plan; and

(b) Meet all other Landowner obligations in OAR 629-022-0820.

History

Statutory/Other Authority: ORS 526.700 - 526.730
Statutes/Other Implemented: ORS 526.703
DOF 1-2009, f. 1-12-09, cert. ef 2-1-09

Division 23 FOREST TAXATION

Or. Admin. R. 629-023-0310 Western Oregon Forest Land Tax — Management Standards

(1) Purpose. Under ORS 321.367, the State Forester must report to the appropriate county assessors all lands designated as forest land under 321.358 which were logged prior to 1973 and fail to meet minimum stocking standards. excluded from the report are lands which are under an acceptable management plan for achieving the stocking requirements. Also the State Forester is required to determine if lands under the Western Oregon Severance Tax system are being managed as forest land. The following management standards will apply in making the determination and review:

(2) Stocking. Stocked lands are lands which support established and maintained forest trees in accordance with standards of land productivity, minimum density, acceptable species, variances, and prior approval procedures found in the appropriate Regional Administrative Rules of ORS Chapter 527.

(3) Over Mature Stands. Over mature stands are:

(a) Even aged conifer stands at culmination of mean annual increment in board feet Scribner, or 90 years of age, whichever occurs later;

(b) Uneven aged conifer stands, if these stands contain 10,000 board feet or more per acre in mature trees; mature trees are those which have reached culmination of mean annual increment in board feet Scribner or are 90 years old or older, whichever occurs later;

(c) Stands will not be considered over mature if they are being held for purposes of sustained yield or for other management reasons acceptable to the State Forester.

(4) Schedule for Meeting Standards. Forest owners under the Western Oregon Severance Tax program shall proceed to bring their lands into stocked, not over mature condition, within a reasonable time period. Conversion activities of nonstocked lands logged prior to 1973 and evidence of acceptable management planning or remaining lands will be monitored by the State Forester. At any time the State Forester has reason to believe lands are not being converted to a stocked condition or are not being managed as forest land, he may require a plan detailing the owner’s intentions for complying with the requirements of ORS 321.367.

(5) Maintenance Practices. Maintenance practices including site preparation, planting, animal damage control, and release may be needed to meet the above standards. Protection from fire, insect, and disease is also needed as required in ORS Chapters 477, 478, and 527.

History

Statutory/Other Authority: ORS 321 & 526
Statutes/Other Implemented: ORS 321.358 & 321.367
FB 6-1980, f. 3-5-80
FB 3-1978, f. & ef. 1-6-78
FB 51(Temp), f. & ef. 10-13-77

Or. Admin. R. 629-023-0320 Reporting Underproductive or Unmanaged Forest Land

(1) Under ORS 321.367, the State Forester must report to the appropriate county assessor the location of all designated forest lands that were logged prior to 1973 and are suitable for growing and harvesting timber and fail to meet the minimum stocking requirements under ORS Chapter 527. The State Forester must also report other unmanaged forest lands.

(2) For the purpose of this rule the following definitions and procedures will apply:

(a) “Just Cause for Inadequate Stocking.” The State Forester will consider all evidence presented by the landowner in determining “just cause” for areas of low stocking or non-management. “Just cause” may include recent acquisitions, severe sites, environmental problems or other conditions beyond the control of the owner;

(b) “Acceptable Management Plan.” The State Forester will accept all management plans that contain sufficient information to insure that the required stocking or management will be achieved within a reasonable time period. The plan must have:

(A) A legal description of the underproductive or unmanaged lands;

(B) A map showing the location of underproductive or unmanaged lands;

(D) A time schedule for completion.

(c) “Reasonable Time.” The reasonable time that will be allowed in the owners management plan for achieving the required stocking levels will be based on total ownership. The plan must show that the following percentages of suitable acres of forest land will be in a stocked or managed condition by: 50 percent within five years, 60 percent within six years, 70% within seven years, and 80 percent thereafter;

(d) “Unmanaged Forest Land.” Forest lands that are not in compliance with the management standards as defined in OAR 629-023-0310 will be considered as unmanaged;

(e) “Reportable Units.” The State Forester will report units of underproductive forest land and non-managed forest land when:

(A) The underproductive or unmanaged acreage is more than half the tax lot acreage or 20 acres,whichever is less; and

(B) The units are of a size that can be managed as a unit based on topography, the size of the adjacent stands, and the location of the unit in relation to property lines.

History

Statutory/Other Authority: ORS 321 & 526
Statutes/Other Implemented: ORS 321.367
FB 6-1980, f. & ef. 3-5-80

Or. Admin. R. 629-023-0410 Underproductive Forestland Conversion Tax Credit — Purpose of the Rules

(1) Under ORS 315.104 certain taxpayers may claim a tax credit for 50 percent of the reasonable costs of forestation of underproductive commercial forestland.

(2) Under ORS 315.106 the State Forester will establish and collect a tax credit application fee for the administration of the reforestation tax credit program.

(3) The purposes of administrative rules 629-023-0410 to 629-023-0490 are to establish fees for the administration of the program, to clarify administration of the tax credit by the State Forester and to define an applicant's appeal rights under this credit.

(4) The State Forester may periodically change the tax credit application fee so that revenue generated by the fee will be adequate to recover the costs to administer the tax credit program.

(5) The State Forester will make available a copy of the fee schedule upon request by a taxpayer.

History

Statutory/Other Authority: ORS 315 & 526
Statutes/Other Implemented: ORS 315.104 & 315.106
DOF 5-2006, f. 5-2-06, cert. ef. 6-1-06
DOF 1-2006(Temp), f. & cert. ef. 1-3-06 thru 6-29-06
DOF 4-2002, f. & cert. ef. 6-18-02
FB 6-1996, f. 7-9-96, cert. ef. 7-15-96
FB 9-1990, f. & cert. ef. 10-25-90
FB 2-1986, f. & cert. ef. 1-10-86
FB 8-1982, f. & cert. ef. 9-10-82
FB 5-1980, f. & cert. ef. 3-5-80

Or. Admin. R. 629-023-0420 Underproductive Forestland Conversion Tax Credit — Definitions

(1) "Appropriate sites" means those sites capable of producing a commercial hardwood or softwood stand which meet the definition of commercial forestland and are planted with suitable forest tree species.

(2) "Commercial forestland" means land for which a primary use is the growing and harvesting of forest tree species.

(3) "Forest tree species" means those species that are ecologically suited to the planting site, capable of producing commercial forest products, and marketable in the future as determined by the State Forester.

(4) "Hardwood harvests conducted for the purpose of converting underproductive forestland" means the harvest of an area occupied by a low volume and low value stand in which significant commercial harvest of forest tree species is not possible as defined in OAR 629-023-0440(2), or the landowner can demonstrate that the stand is or was unmerchantable by showing a negative economic return.

(5) "Negative economic return" means the costs that result from the harvest, such as logging, taxation and reforestation costs, exceed the market value received or to be received.

(6) "Project Costs" mean costs paid by the taxpayer to afforest underproductive forestland. For projects planted on or after January 1, 2008, the tax credit application fee is a project cost.

(7) "Reasonable costs" mean:

(a) Costs that a prudent person in the field of forestry would be willing to pay for a product or service; and

(A) Are competitive; and

(B) Associated with generally accepted practices listed in OAR 629-023-0440(3)–(9); or

(b) Costs that are otherwise approved by the State Forester.

(8) "Reasons beyond the control of the taxpayer" means:

(a) Natural disaster including fire, flood, landslides, unusual weather conditions, and other natural incidents as determined by the State Forester; or

(b) The forest is not established even though the project was completed in accordance with the specifications of OAR 629-023-0440 as determined by the State Forester.

(9) "Reasons under the control of the taxpayer" means the reforestation project was not completed in accordance with the specifications of OAR 629-023-0440 as determined by the State Forester.

(10) "Tax credit application fee" means a nonrefundable fee that is paid by the taxpayer, in accordance with OAR 629-023-0450(2), at the time the written request for preliminary certificate is filed with the State Forester.

History

Statutory/Other Authority: ORS 315 & 526
Statutes/Other Implemented: ORS 315.104 & 315.106
DOF 5-2008, f. 8-1-08 cert. ef. 9-1-08
DOF 5-2006, f. 5-2-06, cert. ef. 6-1-06
DOF 1-2006(Temp), f. & cert. ef. 1-3-06 thru 6-29-06
DOF 4-2002, f. & cert. ef. 6-18-02
FB 6-1996, f. 7-9-96, cert. ef. 7-15-96
FB 9-1990, f. & cert. ef. 10-25-90

Or. Admin. R. 629-023-0430 Underproductive Forestland Conversion Tax Credit — Eligible Project Costs

For projects planted on or after January 1, 2008, the application fee is an eligible project cost. For all projects, eligible project and plantation establishment costs incurred by the taxpayer to forest underproductive forestland may include labor (does not include labor performed by the taxpayer), supervision, material, and equipment operating costs for the following:

(1) Site preparation;

(2) Planting, or with State Forester approval, seeding;

(3) Release;

(4) Moisture conservation;

(5) Erosion control;

(6) Animal damage control.

History

Statutory/Other Authority: ORS 315 & 526
Statutes/Other Implemented: ORS 315.104 & 315.106
DOF 5-2008, f. 8-1-08 cert. ef. 9-1-08
DOF 5-2006, f. 5-2-06, cert. ef. 6-1-06
DOF 1-2006(Temp), f. & cert. ef. 1-3-06 thru 6-29-06
DOF 4-2002, f. & cert. ef. 6-18-02
FB 6-1996, f. 7-9-96, cert. ef. 7-15-96
FB 9-1990, f. & cert. ef. 10-25-90

Or. Admin. R. 629-023-0440 Underproductive Forestland Conversion Tax Credit — Standards and Specifications

To qualify for a credit, the State Forester must determine that the forestland, prior harvest, and project comply with the following standards and specifications:

(1) Forestland must be capable of producing at least 20 cubic feet of wood fiber per acre at culmination of mean annual increment. Site productivity can be determined directly by tree growth and stocking measurements within the operation area, or determined indirectly using applicable USDA Natural Resources Conservation Service soil survey information, USDA Forest Service plant association guides, Oregon Department of Revenue western Oregon site class maps, or other sources.

(2) Prior to harvest the area contains no more than an allowable average of 80 square feet of basal area per acre. Measurable trees are those softwood species, 6 inches dbh and larger, and hardwood species, 11 inches and larger. Conifers may amount to no more than 50 percent of the allowable basal area.

(3) Site Preparation. The planting spot for each tree must be free from competing vegetation and slash. This may be accomplished by:

(a) Bulldozing, plowing, discing, mulching, or scalping;

(b) Hand slashing;

(d) Controlled burning;

(e) Any combination of above.

(4) Planting Stock. Seedlings must be from a seed source and elevation compatible with the planting area. The seedling size, stem caliper, and root to top ratio must be suited to the project site.

(5) Planting Operations. Planting operations must be conducted as follows:

(a) Seedlings must be planted at the same depth as they were in the nursery seed bed with roots straight in the soil;

(b) The planting may be with any forest tree species as defined in OAR 629-023-0420(3), or as approved in a plan for an alternate practice with the State Forester;

(6) Release. The taxpayer must use all measures necessary to control competing vegetation to insure survival of the seedlings.

(7) Moisture Conservation. The taxpayer must use all measures necessary to control loss of moisture and increase the chance of survival of the seedlings. This may include a combination of cultivation, mulching, or the use of chemicals.

(8) Erosion Control. When necessary the taxpayer must use water barring, contour cultivation practices, or other methods to prevent erosion.

(9) Animal Damage Control. When necessary the taxpayer must use treated planting stock, grass control, repellents, protective casings or other approved methods to control animal damage.

(10) The taxpayer has paid the tax credit application fee to the State Forester in accordance with OAR 629-023-0450(2)

(11) Project costs are reasonable and must be $500 or more after deducting all financial assistance received from any federal, state or other incentive program.

History

Statutory/Other Authority: ORS 315 & 526
Statutes/Other Implemented: ORS 315.104 & 315.106
DOF 5-2008, f. 8-1-08 cert. ef. 9-1-08
DOF 5-2006, f. 5-2-06, cert. ef. 6-1-06
DOF 1-2006(Temp), f. & cert. ef. 1-3-06 thru 6-29-06
FB 6-1996, f. 7-9-96, cert. ef. 7-15-96
FB 9-1990, f. & cert. ef. 10-25-90

Or. Admin. R. 629-023-0450 Underproductive Forestland Conversion Tax Credit — Preliminary Certificate Issuance

(1) The project is completed when the minimum number of well-distributed seedlings has been satisfactorily planted. The minimum number required under this section is the same as required under the reforestation rules of the Oregon Forest Practices Act.

(2) The preliminary credit application submitted to the State Forester by the taxpayer must include:

(a) Payment of the tax credit application fee in the amount in effect on the date the preliminary certificate is filed;

(b) A single project area; or

(d) A project map;

(e) The tax year (the year the trees were planted) for which the credit is claimed;

(f) Whether claimant status is as an individual, partnership, or corporation;

(g) The applicant's name, address, social security number or employer identification number;

(h) The legal description of the property including the county;

(i) The number of acres eligible for the tax credit;

(j) The approximate date each activity was completed;

(k) The amount of federal or state cost share or other incentive program funds received; and

(l) The taxpayer's reasonable eligible project costs.

(3) The tax credit claimed on the preliminary certificate may be retained by the taxpayer in the event that a new forest is not established when all of the following conditions exist:

(a) The taxpayer made a reasonable effort to meet the project specifications of OAR 629-023-0440;

(b) The reasons the new forest is not established are beyond the control of the taxpayer;

(c) The measures performed by the taxpayer would normally have resulted in establishing the minimum number of trees per acre.

History

Statutory/Other Authority: ORS 315 & 526
Statutes/Other Implemented: ORS 315.104 & 315.106
DOF 5-2008, f. 8-1-08 cert. ef. 9-1-08
DOF 5-2006, f. 5-2-06, cert. ef. 6-1-06
DOF 1-2006(Temp), f. & cert. ef. 1-3-06 thru 6-29-06
DOF 4-2002, f. & cert. ef. 6-18-02
FB 6-1996, f. 7-9-96, cert. ef. 7-15-96
FB 9-1990, f. & cert. ef. 10-25-90

Or. Admin. R. 629-023-0460 Underproductive Forestland Conversion Tax Credit — Final Certificate Issuance

The State Forester will issue a final certificate when the new forest is established.

(1) The forest is established when at least the minimum number of seedlings as required in OAR 629-023-0450 have survived two or more growing seasons and are free to grow without severe competition from other vegetation.

(2) The final credit application submitted to the State Forester by the taxpayer will include:

(a) The tax year for which the credit is claimed;

(b) The number of acres where additional treatment was needed to establish the new forest;

(d) The amount of federal or state cost share or other incentive program funds received; and

(e) The taxpayer's reasonable eligible project costs.

(3) A final certificate will not be issued when the new forest is not established due to reasons beyond the control of the taxpayer. In such a situation, the taxpayer may requalify for a tax credit in the same manner as a new applicant.

History

Statutory/Other Authority: ORS 526
Statutes/Other Implemented: ORS 315.104 & 315.106
DOF 5-2006, f. 5-2-06, cert. ef. 6-1-06
DOF 1-2006(Temp), f. & cert. ef. 1-3-06 thru 6-29-06
DOF 4-2002, f. & cert. ef. 6-18-02
FB 6-1996, f. 7-9-96, cert. ef. 7-15-96
FB 9-1990, f. & cert. ef. 10-25-90

Or. Admin. R. 629-023-0490 Underproductive Forestland Conversion Tax Credit — Appeal Rights

A person who wishes to appeal a decision made by the State Forester regarding this credit will use the following procedure:

(1) Person must notify the Department of Forestry field representative in writing that they disagree with the decision and explain why they disagree.

(2) If an impasse exists with the field representative, the person may write the department's Forest Tax Programs Manager in Salem, within 90 days of the field representative's determination, requesting an appeal to the Board of Forestry stating the basis for the appeal. The appeal is filed when it is received in the Forest Tax Programs Manager's office. Nothing in this rule precludes the manager from disposing of a controversy by informal conference. Appeals are made to the Board of Forestry using the Model Rules of Procedure under the Administrative Procedure Act. Under these rules the person will be provided a contested case hearing by a hearings officer, whose findings are forwarded to the Board of Forestry for review and action.

(3) If the person wishes to appeal the decision of the Board of Forestry, an appeal must be taken to the Oregon Tax Court within 60 days of the Board's action.

History

Statutory/Other Authority: ORS 526
Statutes/Other Implemented: ORS 315.104 & 315.106
DOF 5-2006, f. 5-2-06, cert. ef. 6-1-06
DOF 1-2006(Temp), f. & cert. ef. 1-3-06 thru 6-29-06
FB 6-1996, f. 7-9-96, cert. ef. 7-15-96
FB 9-1990, f. & cert. ef. 10-25-90

Division 25 FOREST PARK AND RECREATION AREAS

Or. Admin. R. 629-025-0000 Purpose of the Rules

These rules establish standards for recreational- and commercial-use of State Forest Lands managed by the Forester. The objectives of these rules are: to protect the resources of State Forest Lands, to promote the safety of all users of those lands, and to minimize conflicts among the various uses of those lands. These rules are adopted pursuant to ORS 530.050 which gives the Forester the authority to adopt rules necessary for the management, protection, utilization and conservation of State Forest Lands acquired pursuant to ORS 530.010 to 530.040, and 526.291 to 526.294 which gives the department the authority to establish rules governing Large Commercial Events.

History

Statutory/Other Authority: ORS 526.291 - 526.294 & 530.050
Statutes/Other Implemented: ORS 526.287 - 526.299, 530.010 - 530.040 & 530.990
DOF 1-2016, f. & cert. ef. 3-11-16
FB 3-1995, f. & cert. ef. 9-15-95

Or. Admin. R. 629-025-0005 Definitions

As used in rules 629-025-0000 through 629-025-0099:

(1) "Campground" means an area designated by the Forester for Camping that has designated campsites.

(2) "Camping" means a Person or Persons occupying State Forest Lands overnight.

(3) "Camping Area" means an area designated by the Forester for Camping that has no designated campsites.

(4) “Camping Unit” means a tent, camper, camping trailer, RV, or other shelter designed to be used as a personal living space while Camping.

(5) "Commercial Use" means use of State Forest Lands for business or financial gain.

(6) "Day Use Area" means a Designated Recreation Area designated by the Forester for Recreational Use during specified hours where Camping is prohibited, including but not limited to trailheads, staging areas, and boat launch sites.

(7) "Department" means Oregon Department of Forestry.

(8) "Designated Recreation Area" means an area designated by the Forester, including but not limited to, Campgrounds, Camping Areas, Day Use Areas, trailheads, staging areas, and boat launch sites.

(9) "Designated Trail" means any route on State Forest Land, other than a Forest Road, designated for a specific use by the Forester, which has been cleared of debris so that it is suitable for travel by motorized or non-motorized means.

(10) "Forester" means the State Forester, or the Forester's designated representative.

(11) “Forest Road” means a road constructed by the Department for ingress to and egress from forestland for the purpose of management, protection, growth, and conservation of forest resources by thinning, reseeding, brush control and other forest management operations.

(12) Highway has the meaning found in ORS 801.305.

(13) “Large Commercial Event”

(a) Means a gathering that:

(A) Has an Organizer;

(B) Is held for the purpose of a shared or common activity or experience;

(C) Has more than 50 participating individuals or more than 15 Motor Vehicles of participating individuals present at any time; and

(D) Continues or is scheduled to continue for more than four consecutive hours.

(b) Does not mean:

(A) An outdoor mass gathering regulated under ORS 433.735 to 433.770; or

(B) A gathering held by arrangement with the Department at a permanent facility or officially designated area that is designed and equipped for accommodating gatherings of that type and size.

(14) “Motor Vehicle” means a vehicle that is self-propelled or designed for self-propulsion.

(15) "Motorized Off-Road Zone" means an area on State Forest Land designated by the Forester where off-road use of motorized vehicles is permitted only on Designated Trails.

(16) "Non-Motorized Zone" means an area on State Forest Land designated by the Forester where use of motorized vehicles is restricted to Forest Roads.

(17) "Off-Highway Vehicle" means any vehicle capable of cross-country travel on other than Highways, including but not limited to automobiles, trucks, 4-wheel drive vehicle, motorcycles, snowmobiles, and bicycles.

(18) “Organizer”

(a) Means a Person that organizes, holds or sponsors a Large Commercial Event and who directly or indirectly accepts moneys or other items of value, whether or not resulting in a profit, from one or more Persons participating or reasonably expected to participate in the gathering in exchange for:

(A) Admittance;

(B) Parking;

(D) The reservation or rental of camping or commercial space;

(E) Rights to sell on-site goods or services; or

(F) On-site advertising rights.

(b) Does not mean:

(A) A Person acting in a regular business relationship with, on behalf of or under contract with the Department;

(B) A Person that receives money only from a coapplicant for purposes of obtaining a permit under these Division rules; or

(19) “Person” has the meaning found in ORS 174.100.

(20) “Service Animal” means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Other species of animal, whether wild or domestic, trained or untrained, are not Service Animals for the purposes of this definition. The work or tasks performed by a Service Animal must be directly related to the handler’s disability. The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of this definition.

(21) “Sponsor” means a Person that that organizes, holds, or sponsors a Sponsored Event.

(22) “Sponsored Event”

(a) Means a gathering that has all of the following characteristics:

(A) Is held for the purpose of a shared or common activity or experience;

(B) Has more than 20 participating individuals or more than 10 Motor Vehicles of participating individuals present at any time; and

(b) Does not mean:

(A) A Large Commercial Event; or

(B) An outdoor mass gathering regulated under ORS 433.735 to 433.770.

(23) "State Forest Land" means land owned by the State of Oregon, and managed by the Forester.

(24) “Vehicle” means any device in, upon, or by which any Person or property is, or may be, transported or drawn upon a road and includes vehicles that are propelled or powered by any means.

History

Statutory/Other Authority: ORS 530.050
Statutes/Other Implemented: ORS 530.010 - 530.040
DOF 2-2018, amend filed 05/01/2018, effective 05/01/2018
DOF 1-2016, f. & cert. ef. 3-11-16
FB 3-1995, f. & cert. ef. 9-15-95, Renumbered from 629-026-0005
FB 36, f. 1-22-74, ef. 2-25-74
FB 23, f. 6-5-70, ef. 6-25-70

Or. Admin. R. 629-025-0011 Permits — General Regulations

(1) Permitting Authority: The Forester may require permits for the use of State Forest Lands including, but not limited to, for the following uses:

(a) Sponsored Events;

(b) Camping in Campgrounds or in Camping Areas on State Forest Land;

(d) Use of Day Use Areas; and

(e) Commercial Use, including Large Commercial Events.

(2) Permit Duration; Suspension: Permits for use of State Forest Land may be issued for a day, season, or such other time period the Forester deems appropriate for the use involved. The Forester may suspend a permit if necessary to protect public health, public safety, forest resources or improvements, or to obtain compliance with these Division rules.

(3) Bonds: For Commercial Use or Sponsored Events, the Forester may require the posting of a cash or surety bond or other guarantee in such form and in such amount as the Forester deems appropriate and sufficient to defray the costs of restoration and rehabilitation of the State Forest Land that may be affected by the permitted use. Bonds and guarantees will be returned to the permittee upon satisfactory compliance with all permit stipulations, including restoration and rehabilitation requirements.

(4) Insurance: For Commercial Use or Sponsored Events, the Forester may require a permittee, at the permittee’s expense, to obtain and keep in effect for the duration of the proposed event insurance coverages in types and amounts that are deemed satisfactory to the Forester, and which names the State of Oregon as an additional insured. The policy must stipulate that the Forester must be notified 30 days in advance of the termination or modification of the policy.

(5) Indemnity: For Commercial Use or Sponsored Events, the permittee must defend, indemnify, and hold harmless the State of Oregon against any responsibility or liability for damage, injury, or loss to Persons and property which may occur during the permitted use period or as a result of the permitted use.

History

Statutory/Other Authority: ORS 530.050
Statutes/Other Implemented: ORS 530.010 - 530.040
DOF 1-2016, f. & cert. ef. 3-11-16
FB 3-1995, f. & cert. ef. 9-15-95

Or. Admin. R. 629-025-0020 Permits — Sponsored Events

(1) Permits Required: A Person must obtain a permit from the Forester to sponsor, promote or conduct any Sponsored Event on State Forest Land.

(2) The Forester may issue a permit for a Sponsored Event when the following requirements are satisfied:

(a) Adequate sanitation, policing, medical facilities, traffic control and other necessary services are provided;

(b) Conflict with traditional recreation activities is minimized;

(d) The health, well-being, and personal property of forest users, Persons, neighboring landowners and of the general public are protected; and

(e) Damage to forest resources or improvements is negligible or is reasonably mitigated.

(3) Permit Application Procedure: A Person requesting a permit for a Sponsored Event must complete and submit a permit application including the following information to the Forester at least 60 days prior to the date of the proposed event:

(a) Date of the event;

(b) A map of the proposed event area;

(d) Estimated total and peak demand for parking at the proposed event;

(e) Name, address, date of birth and phone number of the Sponsor;

(f) Description of the planned activities;

(g) A plan for timely clean-up, and proposed mitigation and restoration activities to ensure potential damage to forest resources or improvements is negligible; and

(h) Additional information the Forester deems necessary.

(4) Compliance With Other Rules: All activities must comply with applicable state and local codes, rules, and ordinances. Additional state and local permits required must be obtained by the Sponsor prior to the beginning of the activity.

(5) Approval or Denial of Permits: The Forester may approve, with conditions, or deny the permit application consistent with the policies set forth in these Division rules. The following must be considered in evaluating the permit applications:

(a) The ability of the Sponsor to finance, plan and manage the proposed activity in accordance with sanitation, safety, medical care, fire control, security, crowd, noise, and traffic control requirements, and in a manner consistent with the protection of forest resources or improvements;

(b) The extent to which the proposed activity, in both nature and timing, threatens interference with traditional recreational use or interferes with the convenience of neighboring landowners and the general public;

(d) Measures undertaken to mitigate any changes in traditional recreational use or damage to forest resources or improvements caused by the activity.

(6) Revocation of Permit: The Forester may revoke the permit effective immediately upon notice to the applicant in the event of any emergency, significant law enforcement problem, substantial threat to public welfare, safety or property arising from or likely to affect the activity, or upon any breach of permit conditions. The applicant must terminate the activity immediately upon receipt of notice from the Forester that the permit has been revoked. The Forester may refund, in whole or in part, the permit fee if a permit is revoked in accordance with this subsection only if such amount is not necessary to reimburse the Department for its reasonable and necessary costs related to administration, monitoring, or enforcement activities taken up to and through date of permit revocation.

(7) Permit Modification: The Forester may amend a Sponsored Event permit with the Sponsor’s consent.

(8) Miscellaneous Provisions: An application for a Sponsored Event will only be considered by the Forester if:

(a) The Sponsor or its principal representative is at least 18 years of age; and

(b) The Sponsor or sponsor-organization has satisfied all outstanding liabilities and requirements arising out of any prior activity involving property under the jurisdiction of the Forester.

(9) Assignments: A permit is not transferrable and may not be assigned to any other Person without prior written approval of the Forester.

(10) Fees:

(a) Application Fee: The Forester may require a Sponsor to pay an application fee of $150 for the processing and review of a Sponsored Event permit, which is refundable only if the application is withdrawn prior to any review of the application by the Department.

(b) Monitoring and Enforcement Fee:

(A) A Sponsor must pay a monitoring and enforcement fee when, at the Forester's sole discretion, the Forester deems Department personnel are required to undertake monitoring and enforcement of the permit conditions to protect the public, or forest resources or improvements. Situations that may require enforcement and monitoring personnel include, but are not limited to:

(i) Activities involving open fire;

(ii) Activities spanning large spatial areas;

(iii) Activities involving the consumption of alcohol;

(iv) Activities requiring traffic controls; or

(v) Other activities posing significant risk to public or forest resource or improvement safety.

(B) The fee for monitoring and enforcement shall be billed at the actual hourly overtime rate for the assigned Department personnel at the time of the event. The Sponsor shall be responsible for all fees associated with monitoring and enforcement, including travel time of Department personnel to and from the site.

History

Statutory/Other Authority: ORS 530.050
Statutes/Other Implemented: ORS 530.010 - 530.040
DOF 1-2016, f. & cert. ef. 3-11-16
FB 3-1995, f. & cert. ef. 9-15-95

Or. Admin. R. 629-025-0021 Permits — Large Commercial Events

(1) Permits Required: A Person must obtain a permit from the Forester to sponsor, promote or conduct a Large Commercial Event on State Forest Land.

(2) The Forester may issue a permit for a Large Commercial Event when the following requirements are satisfied:

(a) Compliance with, or the ability and willingness to comply with, applicable health and safety standards found in OAR 629-025-0022;

(b) Conflict with traditional recreation activities is minimized;

(c) All expenses, risks, and liabilities are borne by the Organizer rather than the general public or the Department; and

(d) Damage to forest resources or improvements is negligible or is reasonably mitigated.

(3) Permit Application Procedure: A Person requesting a permit for a Large Commercial Event must complete and submit a permit application including the following information to the Forester at least 60 days prior to the date of the proposed event:

(a) Date of the event;

(b) A map of the proposed event area including potentially sensitive ecological areas;

(d) Estimated total and peak demand for parking at the proposed event;

(e) Name, address, date of birth and phone number of the Organizer;

(f) Description of the planned activities;

(g) A plan for timely clean-up, and proposed mitigation and restoration activities to ensure potential damage to forest resources or improvements is negligible; and

(h) Additional information the Forester deems necessary.

(5) Approval or Denial of Permits: The Forester may approve, with conditions, or deny the permit application consistent with the requirements of applicable law. The following must be considered in evaluating the permit applications:

(a) The ability of the Organizer to finance, plan and manage the activity in accordance with sanitation, safety, medical care, fire control, security, crowd, noise, and traffic control requirements, and consistent with the protection of forest resources or improvements;

(d) Whether activities may continue for more than 120 hours in any 90 day period;

(e) Whether the Organizer has a history of:

(A) Acting as an Organizer for a gathering without obtaining a required Large Commercial Event permit; or

(B) Violating, or recklessly allowing others to violate, the terms and conditions of a Large Commercial Event permit issued to the Person.

(f) The experience of the Organizer in performing similar activities in the past; and

(g) Measures undertaken to mitigate any changes in customary forest usage or damage to forest resources or improvements caused by the activity.

(6) Revocation: The Forester may revoke the permit effective immediately on notice to the applicant in the event of any emergency, significant law enforcement problem, substantial threat to public welfare, safety or property arising from or is likely to affect the activity, or upon any breach of permit conditions. The applicant must terminate the activity immediately upon receipt of notice from the Forester that the permit has been revoked. The Forester may refund, in whole or in part, the permit fee if a permit is revoked in accordance with this subsection only if such amount is not necessary to reimburse the Department for its reasonable and necessary costs related to administration, monitoring, or enforcement activities taken up to and through date of permit revocation.

(7) Permit Modification: The Forester may amend a Large Commercial Event permit with the Organizer’s consent.

(8) Miscellaneous Provisions: An application for a Large Commercial Event will only be considered by the Forester if;

(a) The Organizer or its principal representative is at least 18 years of age; and

(b) The Organizer or sponsor-organization has satisfied all outstanding liabilities and requirements arising out of any prior activity involving property under the jurisdiction of the Forester.

(9) Assignments: A permit is nontransferable and may not be assigned to any other Person without prior written approval of the Forester.

(10) Fees:

(a) Application Fee: An Organizer must pay an application fee of $150 for the processing and review of a Large Commercial Event permit, which is refundable only if the application is withdrawn prior to any review of the application by the Department.

(b) Monitoring and Enforcement Fee:

(A) An Organizer must pay a monitoring and enforcement fee when, at the Forester's sole discretion, the Forester deems Department personnel are required to undertake monitoring and enforcement of the permit conditions to protect the public or forest resources or improvements. Situations that may require enforcement and monitoring personnel include, but are not limited to:

(i) Activities involving open fire;

(ii) Activities spanning large spatial areas;

(iii) Activities involving the consumption of alcohol;

(iv) Activities requiring traffic controls; or

(v) Other activities posing significant risk to public or forest resource or improvement safety.

(B) The fee for monitoring and enforcement must be billed by the Department at the actual hourly overtime rate for the assigned Department personnel at the time of the event. The Organizer must be responsible for all fees associated with monitoring and enforcement, including, but not limited to, travel time of Department personnel to and from the site.

History

Statutory/Other Authority: ORS 526.291
Statutes/Other Implemented: ORS 526.287 – 526.299
DOF 1-2016, f. & cert. ef. 3-11-16

Or. Admin. R. 629-025-0022 Health and Safety Standards — Large Commercial Events

(1) Sewerage Facilities:

(a) Chemical toilets must be provided at a rate of at least one toilet per 80 persons or fraction thereof.

(b) Chemical toilets must be serviced daily with respect to sanitation, removal of contents, and recharging of chemical solution.

(2) Refuse Storage and Disposal:

(a) All refuse and solid waste must be stored in fly-tight containers constructed of impervious material.

(b) Containers for refuse and solid waste storage must be provided at a minimum ratio of one 30 gallon container for each 16 persons or fraction thereof anticipated or one cubic yard of container capacity for each 125 persons or fraction thereof anticipated.

(c) All refuse and solid waste must be removed from storage containers at least once every 24 hours and transported and disposed of in a manner which is authorized and complies with state and local laws, ordinances, and regulations.

(d) Liquid wastes not containing human excreta must be disposed of in a seepage pit having a minimum depth of three feet and a lateral area of not less than 32 square feet. The pit must be backfilled with clean, coarse rock and be protected by a one-fourth inch screen which is removable and must effectively trap food particles and prevent other wastes from entering the backfilled rock.

(3) Water Supply: The water supply, water quality, and water storage and delivery systems must comply with the standards established under OAR 333-039-0015.

(4) Fire Protection:

(a) In addition to the requirements found in ORS 477, a Person must:

(A) Confine all Fires to camp stoves or fire grates or other fireproof structures constructed for such purposes. Such structures must be less than four feet in diameter or four feet in length;

(B) Clear all flammable material for a distance of five feet around and 10 feet above any fire grate or other fireproof structure used to contain a campfire;

(D) Comply with fire prevention rules found in OAR 629, division 43 for all activities involving open fire, fire effects, bonfires, or other controlled or uncontrolled fires.

(b) A Person may not:

(A) Leave a fire unattended; or

(B) Discharge or cause to be discharged any firecrackers, explosives, torpedoes, rockets, fireworks, sky lanterns, or other flammable substances which could be harmful to Persons or forest resources without prior written permission of the Forester.

(5) Traffic:

(a) Motor Vehicles must be parked in a manner that eliminates blockage of parked Vehicles and allows Vehicles free access to exits at all times.

(b) A Vehicle may not block, obstruct or interfere with vehicular or pedestrian traffic on a Forest Road, parking area, Designated Trail, walkway, pathway or common area. The Department may tow a Vehicle at the owner’s expense if the Vehicle is found to obstruct, block or interfere with vehicular or pedestrian traffic or is parked in a fire lane, roadway, campsite, entry way, driveway, closed area or other location in a manner that threatens forest resources or improvements, impedes operations of a Designated Recreation Area, public safety, or any combination thereof.

(6) Security Personnel:

(a) The Organizer must maintain an accurate count of individuals attending the Large Commercial Event and must provide adequate security arrangements to limit further admissions to the Large Commercial Event when the anticipated number of individuals have been admitted.

(b) The Organizer must secure a written statement from the chief law enforcement officer of the county in which the Large Commercial Event is to take place that arrangements for security and the orderly flow of traffic to and from the site complies with state and local laws, ordinances, and regulations, and is satisfactory with respect to anticipated number of participants and site.

(7) Bonding and Insurance:

(a) Bonds: The Forester may require the posting of a cash or surety bond or other guarantee in such form and in such amount as determined by the Forester to be sufficient by the Forester to defray the costs of restoration and rehabilitation of the State Forest Land affected by the permitted use. Bonds and guarantees will be returned to the permittee upon satisfactory compliance with all permit conditions, including restoration and rehabilitation requirements.

(A) Claims against Organizer's bond for failure to comply with or perform other obligations under the permit must be processed in the following manner:

(i) The Department must provide notice in writing to Organizer and Organizer's surety of the nature of the failure to comply or the unperformed obligation, and must specify a date by which the failure must be remedied.

(ii) If Organizer fails to remedy the failure or to respond in writing with reasons adequate in Department’s judgment to waive the failure within the time specified in Department’s notice, Organizer must be deemed to be in default and Department must be entitled to make a claim against Organizer’s bond on behalf of Department for an amount deemed reasonably sufficient to cure the failure.

(B) The Department reserves the right to invoke any remedy available to it under the permit or at law or in equity in the event Department is required to seek redress from Organizer’s surety for a permit violation or default by Organizer including, without limitation, termination of the permit.

(b) Insurance: The Forester may require a permittee, at the permittee’s expense, to obtain and keep in effect for the duration of the proposed event insurance coverages in types and amounts that are deemed satisfactory to the Forester, and which names the State of Oregon as an additional insured. The policy must stipulate that the Forester must be notified 30 days in advance of the termination or modification of the policy

(8) Siting Restrictions: A buffer of at least 200 feet, measured in horizontal distance, wherein a Person may not enter, occupy or physically disturb forest resources or improvements must be maintained between the Large Commercial Event site and all:

(a) Ecologically-sensitive areas, including streams, lakes and wetlands;

(b) Known cultural resources; and

(9) Use of Alcohol: Alcohol may not be sold or consumed within one hour of the scheduled end time of the Large Commercial Event.

(10) Indemnity: The permittee must defend, indemnify, and hold harmless the State of Oregon against any responsibility or liability for damage, injury, or loss to Persons and property which may occur during the permitted use period or as a result of such use.

History

Statutory/Other Authority: ORS 526.291
Statutes/Other Implemented: ORS 526.287 – 526.299
DOF 1-2016, f. & cert. ef. 3-11-16

Or. Admin. R. 629-025-0030 Other Fees

(1) A Person must pay the applicable fee for use of Campgrounds, Camping Areas and other listed facilities and services.

(2) Payment of Fees: Unless posted otherwise, payment of fees must be made prior to receipt of the permit or use of the facilities and services. Permit fees are non-refundable. Overnight camping fees are for the use of facilities until 1:00 p.m. of the following day.

(3) Established Fees: Specific fees for permits, facilities and services, are as follows:

(a) Camping in a Campground at a:

(A) Vehicle site: $20 per night;

(B) Walk-in site: $15 per night;

(b) Camping at a group site: $50 per night.

(c) A fee of $5 per night, per Motor Vehicle must be paid by a Person who allows more than two automobiles or four motorcycles to be parked overnight at a Designated Campsite reserved by that Person. This charge is a parking fee and not a charge for recreational purposes under ORS 105.672 to ORS 105.696. The immunities provided under ORS 105.682 apply to use of state forest land for recreational purpose.

(d) Parking in a designated parking area: $5 per vehicle per 24 hour period. This charge is a parking fee and not a charge for recreational purposes under ORS 105.672 to ORS 105.696. The immunities provided under ORS 105.682 apply to use of state forest land for recreational purpose.

(4) Firewood: Where conditions permit, firewood may be sold by the Forester.

History

Statutory/Other Authority: ORS 530.050
Statutes/Other Implemented: ORS 530.010 - 530.040
DOF 2-2021, amend filed 07/07/2021, effective 07/07/2021
DOF 2-2018, amend filed 05/01/2018, effective 05/01/2018
DOF 1-2016, f. & cert. ef. 3-11-16
FB 3-1995, f. & cert. ef. 9-15-95

Or. Admin. R. 629-025-0031 Reservations

(1) General Regulations:

(a) Reservations will be accepted and processed for specified facilities through the internet via the Oregon State Parks Reservation Center.

(b) A Person may make a reservation a maximum of nine months prior to the arrival date.

(d) A Person may not make reservations for multiple areas for the same date range.

(e) Reservations and registrations for horse camping sites shall be made only for people Camping with their horses or similar large animals unless otherwise specified by the Forester.

(f) Only the Person whose name appears on the original reservation, their designee (as documented in the reservation records) or the primary occupant may change or cancel an existing reservation or access information associated with a reservation.

(g) Customer information may be made available upon written request in compliance with ORS chapter 192 and Department policy.

(h) Specific information regarding a confirmed reservation will not be released to the public as provided in ORS 192.501 and 192.502.

(2) Transaction Fees and Deposits:

(a) The Department will charge a non-refundable transaction fee, not to exceed $20 for each reservation made through the Internet.

(b) Reservations require a facility deposit equal to the full amount charged for use of the facility during the reservation period.

(3) Payment Methods: A Person may use a valid credit card (VISA or MasterCard) or bank debit card with a VISA or MasterCard logo.

(4) Reservation Cancellations:

(a) A Person may cancel their reservation prior to the day of arrival by using the internet or by calling the Oregon State Parks Reservation Center.

(b) The Department will post detailed instructions for cancelling a reservation on the Department's web site which is available seven days a week, 24 hours a day.

(c) To cancel a reservation on the day of arrival a Person may contact the district office where their reservation is held.

(d) In order to receive a refund of all use fees, a Person must cancel the reservation for individual campsites or horse camps three or more days prior to the arrival date. If the cancellation is received less than three days in advance of the arrival date, a fee equal to one overnight rental fee for the facility will be forfeited.

(e) In order to receive a refund of all use fees for group camps, Day Use Areas, meeting halls, pavilions, or other facilities as specified by the Department, a Person must cancel the reservation at least one month prior to arrival. If the cancellation request is received less than 30 days in advance of the arrival date, a fee equal to one night’s or one day’s rental for the facility will be forfeited.

(f) A Person may not cancel reservations more than eight months in advance of the arrival date.

(5) Reservation Changes:

(a) The Department will charge a non-refundable transaction fee, not to exceed $20 for each reservation.

(b) A Person may request to change a confirmed reservation by calling the Oregon State Parks Reservation Center.

(d) Reservations made for six or more consecutive nights that are later shortened will be charged the nightly rate for each night removed in addition to a transaction fee, not to exceed $20 for the change. This rule applies to shortening nights at the beginning of a reservation, not at the end of a reservation.

(e) A Person must request a reservation change for campsites or horse camps three or more days in advance of the arrival date. Changes are not permitted within three days of the arrival date.

(f) A Person requesting a reservation change for group camps, Day Use Areas, meeting halls, pavilions, or other facilities as designated by the department must request the change at least 30 days prior to arrival date. Changes are not permitted within 30 days of the arrival date.

(g) Customers, including those that have pre-registered, who do not check in at the Campground or notify Department staff that they will be delayed prior to 1:00 p.m. of the second day of the reservation will be considered a “no show” and the entire reservation will be cancelled. The first night fee and any transaction fees previously collected for the reservation will be retained. Any remaining nightly fees paid to confirm the reservation will be refunded.

History

Statutory/Other Authority: ORS 530.050
Statutes/Other Implemented: ORS 530.010 - 530.040
DOF 2-2018, adopt filed 05/01/2018, effective 05/01/2018

Or. Admin. R. 629-025-0035 Veteran’s Special Access Pass and Active Duty Military Waiver

(1) Fees established under OAR 629-025-0030(3)(a) shall be waived for a Person to whom a Veteran’s Special Access Pass has been issued by the Oregon Parks and Recreation Department and meets the eligibility requirements in OAR 629-025-0035(2).

(2) To be eligible for a fee waiver under OAR 629-025-0035(1):

(a) The site must be occupied by the individual named on the Veteran’s Special Access Pass;

(b) The pass holder must be able to present the Veteran’s Special Access Pass and valid government-issued photo identification to confirm the identity of the person named on the Veteran’s Special Access Pass, when requested by Department personnel; and

(c) The pass holder must provide their name and Veteran’s Special Access Pass number on the fee envelope used to indicate occupancy of the site.

(3) Veteran’s Special Access Pass fee waivers are limited to a total of 10 days each calendar month in aggregate for both State Parks and State Forest facilities.

(4) Fees established under OAR 629-025-0030(3)(a) shall be waived for active duty U.S. military personnel on leave status on Memorial Day (the last Monday in May), Independence Day (July 4), or Veteran’s Day (November 11) who meet the eligibility requirements in OAR 629-025-0035(5).

(5) To be eligible for a fee waiver under OAR 629-025-0035(4):

(a) The site must be occupied by the active-duty service member;

(b) The camper must be able to present valid government-issued photo identification to confirm active duty military status, when requested by Department personnel; and

(c) The camper must provide their name and Department of Defense ID Number on the fee envelope used to indicate occupancy of the site.

(6) All other rules and fees apply, including, but not limited to, the occupancy limits established under OAR 629-025-0040(2), and fees established under OAR 629-025-0020 and OAR 629-025-0021.

(7) The Department will not issue refunds for camping fees already paid, including circumstances where a camper may be eligible for a fee waiver but is unable to provide the Veteran’s Special Access Pass or military ID.

History

Statutory/Other Authority: ORS 530.050
Statutes/Other Implemented: ORS 530.053
DOF 2-2018, adopt filed 05/01/2018, effective 05/01/2018

Or. Admin. R. 629-025-0040 General Forest Recreation Rules and Public Conduct

(1) Sanitation.

(a) On all State Forest Land, a Person may not in any manner, unless otherwise authorized, cause any rubbish, garbage, refuse, organic or inorganic waste, diseased or dead animals, recreational vehicle sewage, or other offensive matter or any abandoned property or material to be placed or left on State Forest Land. A Person may not:

(A) Dispose of any cans, bottles and garbage except in designated places or receptacles;

(B) Drain sewage or petroleum products or dump refuse or waste other than grey water except in places or receptacles provided for that purpose;

(C) Dispose of any household, commercial or industrial refuse or waste brought as such from private or municipal property, including but not limited to automobiles, household appliances and furnishings;

(D) Pollute or contaminate water supplies or water used for human consumption;

(E) Use a refuse container or disposal facility for any purpose other than for which it is supplied; or

(F) Remove items from containers designated for recyclables, garbage, sewage or waste without authorization from the Forester.

(b) A Person may not wash any clothing, dishware, cookware, or other materials in any lake, stream, river, well pump or other body of water on State Forest Land.

(c) A Person may not deposit human waste within 100 feet of any campsite, trail, or body of water. Human waste must be disposed of by burying to a depth of a least six inches.

(d) Where toilet or sewage facilities are provided, a Person may not dispose of human waste except in those facilities.

(2) Occupancy and Use.

(a) On State Forest Land, a Person may not:

(A) Camp longer than 14 days out of any 35-day period; or

(B) Camp more than a total of 42 days during a consecutive 12 month period; or

(D) Camp within 25 horizontal feet of the high water mark of any body of water or in other areas posted closed to Camping by the Department; or

(E) Leave personal property unattended longer than 48 hours on State Forest Land or 24 hours in a Designated Recreation Area; or

(F) Leave personal property or possessions overnight in a Day Use Area without prior written permission from the Forester. Unattended personal property is considered Camping for the purposes of determining the length of stay at a given site. Personal property left unattended longer than 48 hours on State Forest Land or more than 24 hours in a Designated Recreation Area without permission of the Forester may be removed by the Department.

(b) The Forester may establish camping stay limits that are shorter in order to address public safety concerns, or protect and conserve forest resources.

(3) Property and Resources. On all State Forest Land, unless under contract with the Forester, a Person may not:

(a) Deface, disturb, remove or destroy any public property, structures, or any scientific, cultural, archaeological or historic resource, natural object or area;

(b) Deface, remove or destroy plants or their parts, soil, rocks, or minerals, or cave resources.

(4) Animals.

(a) A horse or other animal may not be hitched or confined in a manner that may cause damage to any tree, shrub, improvement, or structure.

(b) The Forester may undertake any measures deemed necessary (including removal of the animal from State Forest Land or requiring the animal be kept under physical control) to protect forest resources or improvements and to prevent interference by the animal with the safety, comfort, and well-being of others, including Department of Forestry employees and its contractors.

(c) A Person may not bring an animal other than a dog or cat - or in designated areas, llamas, alpacas, mules, horses, donkeys, or goats - onto State Forest Land.

(5) Construction of Trails and Shelters. On State Forest Land, a Person may not modify, construct, or cause to be constructed any trail, shelter, building, or other facility or improvement without written permission of the Forester.

(6) Firewood Collection.

(a) A Person Camping may collect and possess up to one quarter of a cord of firewood for their personal use while Camping on State Forest Land except where otherwise prohibited in these Division rules.

(b) A Person may not remove from State Forest Land firewood which has been collected for use while Camping on State Forest Land without a valid firewood permit except as allowed by ORS 164.813.

(c) Firewood must be collected only from dead and down material that is 12 inches or less in diameter at its largest point. No standing trees, living or dead, may be felled for conversion into firewood.

(7) Campfires.

(a) Fires must be confined to camp stoves or fire grates or other fireproof structures provided by the Department for such purposes. Such structures must be less than four feet in diameter or four feet in length.

(b) All flammable material must be cleared for a distance of five feet around and 10 feet above any fire grate or other fireproof structure used to contain a campfire.

(8) Traffic Rules.

(a) When operating a Vehicle on State Forest Lands, a Person may not violate the basic speed rule or exceed posted speed limits, willfully endanger Persons or property, or act in a reckless, careless, or negligent manner.

(b) A Person may not obstruct or hinder the flow of traffic on a Forest Road.

(d) A Person may not block, obstruct or interfere with vehicular or pedestrian traffic on a Forest Road, parking area, trail, walkway, pathway or common area. The Department may tow a vehicle at the owner’s expense if the Vehicle is left unattended for more than 24 hours or is parked in a fire lane, roadway, campsite, entry way, driveway, closed area or other location in a manner that threatens the resource, impedes operations of a Designated Recreation Area, public safety, forest practices as defined under ORS 527.620, or any combination thereof.

(9) Target Shooting.

(a) A Person may not:

(A) Place targets on live trees or shoot live trees for any purpose;

(B) Shoot across or along any road or trail;

(C) Shoot carelessly, recklessly, or without regard for the safety of any Person, or in a manner that endangers, or is likely to endanger, any Person or property;

(D) Shoot glass of any kind;

(E) Shoot appliances, furniture, or other materials determined by Department personnel or a law enforcement officer to be garbage;

(F) Shoot targets other than non-exploding targets commercially manufactured for the specific purpose of target shooting, except for paper targets privately manufactured by the Person or persons engaging in target shooting; or

(G) Engage in target shooting or other shooting related activity at times between one half-hour after sunset until one half-hour before sunrise.

(H) Shoot into a stream, waterfall, pond, lake, or other body of water.

(b) A Person engaged in target shooting must:

(A) Remove from State Forest Land all shell casings, targets, and other debris resulting from the target shooting activity; and

(B) Use an appropriately sized, non-flammable, natural backstop or a commercially-manufactured bullet recovery system of sufficient size to capture all projectiles.

(10) Concessions. A Person may not:

(a) Operate a concession on State Forest Land, either fixed or mobile, solicit, sell or offer for sale, peddle, hawk, or vend any goods, wares, merchandise, food, liquids, or services without written permission of the Forester;

(b) Advertise any goods or services by any means whatsoever.

(11) General Conduct. A Person may not:

(a) Use a metal detector or similar device on State Forest Land without written permission of the Forester;

(b) Obstruct, harass or interfere with any Department personnel or volunteer, or any peace officer in the performance of their duties;

(c) Enter or occupy any building, facility or portion of a Designated Recreation Area or Designated Trail that has been closed to public access;

(d) Occupy or interfere with access to a structure, office, lavatory or other facility in a manner which interferes with the intended use of such a structure or facility;

(e) Engage in fighting or promoting, instigating or encouraging fighting or similar violent conduct which may threaten the physical well-being of a Person;

(f) Engage in activities or conduct which creates a public nuisance or hazard; or

(g) Engage in public indecency as defined in ORS 163.465.

(h) Excessive noise: A Person may not operate or use any noise-producing machine, vehicle device, or instrument, including, but not limited to: audio-visual equipment, televisions, radios or stereos, amplifiers, or chainsaws in such a manner that is disturbing to another Person.

(i) Discharge or cause to be discharged any firecrackers, explosives, torpedoes, rockets, fireworks, sky lanterns, or other similar product, which could ignite a fire, without written permission of the Forester.

(12) On State Forest Land, a Person must use hay, straw, and other livestock forage that is certified by The Oregon Department of Agriculture to be weed-free according to North American Weed Management Association standards. A database of certified growers in Oregon may be obtained through The Oregon Department of Agriculture Weed Free Forage Program.

History

Statutory/Other Authority: ORS 530.050
Statutes/Other Implemented: ORS 530.010 - 530.040
DOF 17-2024, amend filed 09/30/2024, effective 01/01/2025
DOF 3-2018, amend filed 05/18/2018, effective 05/18/2018
DOF 2-2018, amend filed 05/01/2018, effective 05/01/2018
DOF 1-2016, f. & cert. ef. 3-11-16
DOF 4-2005, f. & cert. ef. 3-1-05
FB 3-1995, f. & cert. ef. 9-15-95

Or. Admin. R. 629-025-0050 Designated Recreation Areas

(1) State Forest Land designated by the Forester as "Designated Recreation Areas" may include, but are not limited to, Campgrounds, Camping Areas, Day Use Areas, trailheads, staging areas, and boat launch sites. Maps showing the Designated Recreation Areas must be kept on file at the Forester's office and the applicable District office, and must be available for public inspection during normal business hours.

(2) General Forest Recreation Rules as outlined in OAR 629-025-0040 apply to Designated Recreation Areas. In addition to those rules, the following rules apply:

(3) Occupancy and Use:

(a) At areas where Camping is permitted a Person may not camp longer than 14 days out of any 28 day period at a Designated Recreation Area.

(b) A Person must be 18 years of age or older to reserve and register for campsites in Designated Recreation Areas.

(4) Firewood: A Person may not collect firewood within the boundaries of any Designated Recreation Area.

(5) Firearms, Weapons, and Explosives: Within a Designated Recreation Area a Person may not:

(a) Hunt, pursue, trap, kill, injure, molest, or disturb the habitat of any bird or animal without first obtaining permission from the Forester;

(b) Discharge any firearm, pellet gun, bow and arrow, slingshot or other weapon capable of injuring any Person, bird, or animal; or

(6) Forest Resources and Improvements: A Person may not mutilate, deface, damage, or remove any table, bench, building, sign, marker, monument, fence, barrier, fountain, faucet, traffic recorder, or other structure or facility of any kind in a Designated Recreation Area.

(7) Parking: Automobiles, trailers, or other Motor Vehicles must be parked only in designated parking areas.

(8) Animals:

(a) Any dog, cat, horse, or other animal brought into or kept on State Forest Land must be kept under control at all times.

(b) An animal owner is responsible for the disposal of the animal's waste within Designated Recreation Areas.

(9) Offensive Behavior: A Person may not use abusive, threatening, boisterous, vile, obscene, or indecent language or gestures, or engage in demonstrations, disturbances, or riotous behavior in any Designated Recreation Area.

(10) Excessive Noise: A Person may not operate or use any noise-producing machine, vehicle device, or instrument in such a manner that is disturbing to another Person.

History

Statutory/Other Authority: ORS 530.050
Statutes/Other Implemented: ORS 530.010 - 530.040
DOF 17-2024, amend filed 09/30/2024, effective 01/01/2025
DOF 1-2016, f. & cert. ef. 3-11-16
FB 3-1995, f. & cert. ef. 9-15-95

Or. Admin. R. 629-025-0060 Campground and Day Use Areas

(1) Maps showing the Campground and Day Use Areas designated by the Forester must be kept on file at the Forester's office and the applicable District office, and available for public inspection during normal business hours.

(2) The General Forest Recreation Rules as outlined in OAR 629-025-0040 and the Designated Recreation Area rules as outlined in OAR 629-025-0050 apply to Campground and Day Use Areas. In addition to those rules, the following rules apply to Campgrounds and Day Use Areas:

(a) Sanitation: In Campground and Day Use Areas a Person may not, unless otherwise authorized:

(A) Clean fish, game, other food, clothing or household articles at any outdoor hydrant, pump, faucet or fountain, or restroom water faucet;

(B) Deposit human waste except in toilet or sewage facilities provided for that purpose.

(C) Leave bottles, cans, ashes, waste, paper, garbage, sewage, or other rubbish or refuse, except in receptacles designated for that purpose.

(b) Animals:

(A) A Person may not bring an animal into a Campground or Day Use Area unless the animal is on a leash not longer than six feet and secured to a fixed object or under control of a Person, or is otherwise physically restricted at all times. A Person may not bring an animal, other than Service Animals, into any building.

(B) A Person may not ride, drive, lead, or keep a saddle horse or other stock animal, such as llamas, alpacas, or mules, except on such roads, trails, or other areas designated for that purpose.

(C) The Forester has the authority to undertake any measures deemed necessary (including removal of the animal from the Campground or Day Use Area) to protect Campground or Day Use Area resources and to prevent interference by the animal with the safety, comfort, and well-being of a Person using Campground or Day Use Area.

(D) A Person may not keep a saddle horse or other stock animal such as llamas, alpacas or mules in a Campground or Day Use Area not designated for that purpose.

(E) An animal owner is responsible for the disposal of the animal's waste within a Campground or Day Use Area.

(A) Fires in a Campground or Day Use Area must be confined to:

(i) Fire grates that are designed and provided by the Department for such use; or

(ii) Portable stoves in established campsites.

(B) A fire may not be left unattended and every fire must be extinguished before its user leaves the Campground or Day Use Area.

(d) Signs and Markers: A Person may not erect signs, markers, or inscriptions of any type except on boards or structures provided for that purpose.

(e) Camping:

(A) The Forester may designate and post Campgrounds or certain portions of Campgrounds for use by specified types of Camping equipment, such as tents, trailers, pickup campers, or other recreational vehicles, or for use by specified types of recreation use, such as equestrian use or Off-Highway Vehicle use.

(B) A campsite may not be occupied by more than eight people, two tents, and two Motor Vehicles unless otherwise designated and posted by the Forester.

(C) The registered camper must physically occupy the campsite the first night after any belongings are left in the site or fees are paid. A camper must occupy the campsite each night during the entire length of stay unless other arrangements have been made with the Forester. If a Person has failed to pay the Camping fee for two consecutive days or has exceeded the length of stay time limit the Department may remove all possessions consistent with OAR 629-025-0080.

(D) The registered camper is responsible for the activities of all users of the campsite.

(E) A camper must maintain reasonable quiet between the hours of 10 p.m. and 7 a.m.

(F) A Person may not use any noise-producing machine, vehicle device, or instrument between the hours of 10 p.m. and 7 a.m.

(G) A Person may not use power equipment, including but not limited to: lawn mowers, hedge trimmers, string trimmers, chain saws, drills, augers, or wood splitters in Campgrounds or Day Use Areas.

(f) Traffic Rules: Posted speed limits in Campgrounds and Day Use Areas must be observed at all times.

History

Statutory/Other Authority: ORS 530.050
Statutes/Other Implemented: ORS 530.010 - 530.040
DOF 2-2018, amend filed 05/01/2018, effective 05/01/2018
DOF 1-2016, f. & cert. ef. 3-11-16
FB 3-1995, f. & cert. ef. 9-15-95

Or. Admin. R. 629-025-0070 Use of Roads and Trails

(1) A Person may not operate a Motor Vehicle off-road:

(a) Except on a trail designated for that purpose;

(b) Without an approved spark arrestor, as specified in OAR 629-043-0015;

(d) Without a valid ATV registration, or snowmobile registration for snowmobiles; or

(e) From one half hour after sunset to one half hour before sunrise unless equipped with working head- and tail-lights.

(2) A Person may not operate a Motor Vehicle:

(a) On road cut banks or fill slopes, or in ditches along roads, except snowmobiles; or

(b) In a manner that damages trails, boardwalks, bridges, water bars, cement blocking, drainage pipes or any other improvement designed to maintain the integrity of the trail or improvement; or

(c) That is not licensed for use on Highways on a Forest Road in a Non-Motorized Zone, where such use is signed as prohibited.

(3) A Person may not:

(a) Operate an Off- Highway Vehicle or snowmobile in violation of ORS 821.010 through 821.320; or

(b) Hike, bicycle, use a horse, llama, or other stock animal, or other Motor Vehicle on a trail not designated for that purpose, or in a manner that damages trails, boardwalks, bridges, water bars, cement blocking, drainage pipes or any other improvement designed to maintain the integrity of the trail or improvement.

(4) Road and Trail Closures. The Forester may, at any time, close all or portions of Forest Roads or Designated Trails, or establish one-way traffic flow on a Forest Road or Designated Trail.

History

Statutory/Other Authority: ORS 530.050
Statutes/Other Implemented: ORS 530.010 - 530.040
DOF 1-2016, f. & cert. ef. 3-11-16
DOF 4-2005, f. & cert. ef. 3-1-05
FB 3-1995, f. & cert. ef. 9-15-95

Or. Admin. R. 629-025-0080 Removing Unattended Personal Property

(1) The Forester may remove Unattended Personal Property from State Forest Lands. Items that, at the sole discretion of Department personnel, have no apparent utility or are in an unsanitary condition are considered garbage and may be discarded.

(2) Unattended Personal Property includes items that have been left on State Forest Land longer than 48 hours or in Designated Recreation Areas for more than 24 hours and are reasonably recognizable as belonging to a Person and that have apparent utility.

(3) Weapons, drug paraphernalia, and items that reasonably appear to be either stolen or evidence of a crime, at the sole discretion of Department personnel, must be turned over to the appropriate law enforcement agency.

(4) Department personnel may separate Unattended Personal Property from garbage during cleanups. Garbage must be immediately discarded and Unattended Personal Property must be stored by the Department for no-less-than 30 days. During that period it must be reasonably available to Persons claiming ownership of the Unattended Personal Property.

(5) The Forester must arrange in advance for a location to store Unattended Personal Property. The storage facility must be reasonably secure and located at or near one of the Department's District offices. The address of the facility will not be publicized; however, a telephone number to arrange an appointment to pick up claimed Unattended Personal Property must be provided. The telephone number must reach an office that is staffed during normal business hours (8 a.m. to 5 p.m. weekdays). Appointments to claim Unattended Personal Property must only be made during normal business hours.

History

Statutory/Other Authority: ORS 530.050
Statutes/Other Implemented: ORS 530.010 - 530.040
DOF 2-2018, amend filed 05/01/2018, effective 05/01/2018
DOF 1-2016, f. & cert. ef. 3-11-16
DOF 4-2005, f. & cert. ef. 3-1-05

Or. Admin. R. 629-025-0090 Enforcement, Evictions, and Exclusions

(1) A Person must observe and abide by all instructions, warnings, restrictions and prohibitions on posted signs and notices, or from Department personnel.

(2) The Forester may take actions to protect the safety or health of the public or forest resources or improvements, by:

(a) Seeking compliance from the public with any Division 25 rule;

(b) Ordering a Person who violates a Division rule to leave a Designated Recreation Area;

(c) Excluding a Person in violation of a Division rule from a Designated Recreation Area or multiple Designated Recreation Areas for a specified period of time.

(3) A peace officer may seek compliance with a Division rule from a Person.

(4) A peace officer may exclude, or recommend that the Forester exclude, a Person who violates a Division rule, federal, state, county or city law or court order, from a Designated Recreation Area or multiple Designated Recreation Areas for a specified period of time.

(5) The following situations are criminal trespass in the second degree, a Class C misdemeanor, per ORS 164.245:

(a) A Person ordered to leave State Forest Land that remains present;

(b) A Person excluded from State Forest Land that enters or remains present;

History

Statutory/Other Authority: ORS 530.050
Statutes/Other Implemented: ORS 530.010 - 530.040
DOF 1-2016, f. & cert. ef. 3-11-16

Or. Admin. R. 629-025-0092 Closures and Access Restrictions

(1) The State Forester may establish portions of State Forest land that are closed or limited to specific uses or activities by the public. These may differ from State Forest land to State Forest land and from time-to-time, but shall be indicated on the Department website, and on posted signs at the State Forest land that is closed.

(2) Closures will be identified by signs at major points of entry to the restricted portions of the forest and notices placed on the Department’s website.

(3) A person may not enter or occupy State Forest land that has been ordered closed by the State Forester.

(a) A person engaging in work under contract with the Department of Forestry may be exempt with written permission from the Forester or their designee.

(b) This restriction does not apply to state employees or law enforcement officers in the performance of their official duties.

(4) A Department employee may seek compliance from the public with a State Forest closure, and may order a person that enters closed lands to leave State Forest land.

(5) A peace officer may seek compliance from the public with a State Forest closure, and may order a person that enters closed lands to leave State Forest land.

(6) The State Forester may designate to Department employees the authority to protect forest resources under section (1). This authority includes actions that may:

(a) Permit or limit specific activities or uses in designated portions of State Forest land;

(b) Designate a location within a State Forest for a single use to avoid conflicts between users;

(d) Restrict access to or close a portion of State Forest land; or

(e) Exclude a person from State Forest land.

(7) A person excluded from State Forest land may contest the exclusion notice by filing a written appeal within seven days of the exclusion date. The person excluded must submit the appeal to the District Forester responsible for the State Forest land where the notice of exclusion was issued.

(8) The following situations are criminal trespass in the second degree, a Class C misdemeanor, per ORS 164.245:

(a) A person ordered to leave State Forest land that remains present;

(b) A person excluded from State Forest land that enters or remains present;

(d) A person engages in an activity that has been specifically prohibited or restricted on State Forest land or a portion of State Forest land.

History

Statutory/Other Authority: ORS 530.050
Statutes/Other Implemented: ORS 530.050
DOF 1-2021, adopt filed 07/01/2021, effective 07/01/2021

Or. Admin. R. 629-025-0098 Criminal Penalty for Large Commercial Event Offense

An organizer commits a Class A misdemeanor if the organizer:

(1) Accepts money or other items of value in an exchange described under ORS 526.287(2)(a) prior to the issuance of a large commercial event permit required under ORS 526.291; or

(2) Recklessly allows the violation of a term or condition of a large commercial event permit issued to the organizer by the State Forestry Department.

History

Statutory/Other Authority: ORS 526.291
Statutes/Other Implemented: ORS 526.991
DOF 1-2016, f. & cert. ef. 3-11-16

Or. Admin. R. 629-025-0099 Violations and Fines

(1) Except for violations arising from activities under contract with the State Board of Forestry or the Department, and subject to ORS 153.022, violation of any rule or order adopted pursuant to ORS 530.050 is a Class A violation.

(2) Multiple violations of any rule or order adopted pursuant to ORS 530.050 shall be considered a single violation. However, each day a violation continues shall be considered a separate violation.

(3) Violations and punishments set forth in this section are in addition to and not in lieu of the provisions of ORS 164.305 to 164.335.

History

Statutory/Other Authority: ORS 530.050
Statutes/Other Implemented: ORS 530.990
DOF 1-2016, f. & cert. ef. 3-11-16

Division 28 SPECIAL FOREST PRODUCTS; WOODCUTTING PERMITTING ON STATE FOREST LANDS

Or. Admin. R. 629-028-0001 Definitions

The following terms and definitions shall apply to this division, unless the context otherwise requires:

(1) "Board" means the Oregon State Board of Forestry.

(2) “Department” means Oregon Department of Forestry.

(3) "Forester" means the State Forester or an authorized representative.

(4) “Harvest” means to separate by cutting, digging, prying, picking, peeling, breaking, pulling, splitting or otherwise removing a special forest product from its physical connection or point of contact with the ground or vegetation upon which it was growing; or the place or position where it lay.

(5) “Landowner” means an individual, combination of individuals, partnership, corporation or association of whatever nature that holds an ownership interest in forestland, including the state, and any political subdivision thereof.

(6) “Landowner representative” means an employee, agent or designee of a landowner.

(7) "Permittee" means a person who possesses a valid permit.

(8) "Permit Fee" means a charge made by the Forester to recover costs of administering the woodcutting permit program.

(9) “Special Forest Products” means plants, lichens, fungi, and other materials collected from the forest for various uses including subsistence, education, research, recreation, and commercial enterprise as described in this section:

(a) Bark and needles of the Pacific yew (Taxus brevifolia);

(b) Bear grass (Xerophyllum tenas),

(d) Burls, fiddleback and other music wood, or other figured or decorative-grained wood;

(e) Cascara bark from the cascara tree (Rhamnus purshiana);

(f) Cedar salvage, including cedar chunks, slabs, stumps, and logs that are more than one cubic foot in volume;

(g) Conks and other fungi;

(h) Cut or picked conifer foliage, including, but not limited to wild Christmas trees, tree boughs, bark, cones, and other vegetative products not harvested in log form.

(i) Cut or picked evergreen foliage, bark, and shrubs, including, but not limited to, huckleberry, Oregon grape, rhododendron, and salal;

(j) Cut or picked juniper foliage, berries, bark, limbs, or juniper split posts, poles, pickets, stakes or rails, or other round or split products of juniper;

(k) Ferns;

(l) Firewood, meaning pieces of wood that are less than 48 inches in length, and in a form commonly used for burning in campfires, stoves or fireplaces;

(m) Herbs, nuts, seeds, and fruits;

(n) Moss, lichen, and algae;

(o) Native trees, shrubs, bulbs, and grasses, including, but not limited to trees, shrubs, bulbs, and grasses that are not nursery grown and that have been removed from the ground with roots intact;

(p) Rocks and minerals;

(q) Round or split posts, poles, pickets, stakes or rails, shakeboards, shake-bolts, shingle bolts or other round or split products of any forest tree species;

(r) Vine maple clumps and cuttings;

(s) Wildflowers, mistletoe, and cacti;

(t) Wild edible fungi, regardless of species, that have not been cultivated or propagated by artificial means;

(10) Special forest products does not mean mill ends, driftwood and artificially fabricated fireplace logs.

(11) "State Forest Lands" means those lands managed by the Forester under authority of ORS 530.010 to ORS 530.520.

(12) “Transportation” means the physical conveyance of special forest products away from a harvest or collection site and includes, but is not limited to, transportation in or on a motor vehicle or trailer, both as defined for purposes of the Oregon Vehicle Code; or a boat, barge, raft or other water vessel; or an airplane, helicopter, balloon, or other aircraft.

(13) “Woodcutting Permit" means a permit issued by the Forester to an individual authorizing permittee to gather, salvage, cut, and remove not over two cords of wood fiber from State forest lands for personal use as domestic fuel.

History

Statutory/Other Authority: ORS 526 & ORS 530
Statutes/Other Implemented: ORS 526.005, 530.010 - 530.020, 164.813 & 164.814
Renumbered from 629-028-0005, DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14
FB 9-1980, f. & ef. 10-14-80

Or. Admin. R. 629-028-0002 Purpose of Special Forest Products

ORS 164.813 requires the State Board of Forestry to define special forest products. Special forest products, other than timber forest products, may be harvested from private land if the landowner permits the harvester to do so. The list of special forest products may be modified by following criteria in OAR 629-028-0004.

History

Statutory/Other Authority: ORS 164.813
Statutes/Other Implemented: ORS 164.813
DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14

Or. Admin. R. 629-028-0003 Special Forest Products Permission; Permit by Landowner; Forms

(1) Written permission is required and provided by the landowner, or landowner representative, to a person harvesting special forest products. Written permission must follow the requirements of ORS 164.813. The person harvesting special forest products must have in their possession a written permit from the owner of the land from which the firewood is cut or the special forest products taken.

(2) Any fees associated with permission to harvest or remove special forest products are determined by the landowner.

(3) Landowners, or their representatives, may use the department-provided forms. All permits shall conform to ORS 164.813 requirements.

(4) Records pertaining to the selling, buying and transporting of special forest products shall be made available upon request to any peace officer as defined in ORS 133.005.

History

Statutory/Other Authority: ORS 164.813, 164.814, 164.845 & 164.855
Statutes/Other Implemented: ORS 164.813 & 164.814
DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14

Or. Admin. R. 629-028-0004 Process for Adding, Removing or Modifying Special Forest Products from the Definition of Special Forest Products

(1) The department, a person, an organization or other agency may propose to add, remove or modify an item from the definition of special forest products.

(2) The best information available needs to support the request to add, remove or modify an item from the definition of special forest products, including:

(a) The need to add, remove or modify an item; and

(b) A description of the economic value and market for the item to be added; or

(c) An evaluation of how an item contained in the definition of special forest products is no longer considered useful or valuable and needs to be removed; or

(d) A description of the need to modify an item or description of a special forest product.

(3) The Board shall consider the request and accept, reject or modify this information submitted under section (2) of this rule. Based on the information provided, the Board shall add the item, remove the item, or modify the item contained in the definition of special forest products.

History

Statutory/Other Authority: ORS 164.813
Statutes/Other Implemented: ORS 164.813
DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14

Or. Admin. R. 629-028-0010 Purpose of Woodcutting Permitting on State Forest Lands

As set forth in ORS 530.050 the Forester in exercising legal authority for the management of State forest lands shall manage the land to secure the greatest permanent value to the State. The Forester, in the management, protection, utilization, and conservation of the lands may, in addition to selling forest products from the lands, permit the use of the lands for other purposes not detrimental to the State. The Board and the Forester have determined that it is in the interest of the State to permit the people of the State to utilize wood fiber that has a marginal economic or commercial value as firewood.

History

Statutory/Other Authority: ORS 530
Statutes/Other Implemented: ORS 530.050 & 530.500
DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14
FB 9-1980, f. & ef. 10-14-80

Or. Admin. R. 629-028-0015 Permit Fee Associated with Woodcutting Permits on State Forest Lands

The Forester intends to issue woodcutting permits, and when necessary, to charge a permit fee. Such fee does not constitute a price for sale of forest products, but may be made in an amount sufficient to enable the Forester to recover costs of developing woodcutting areas, issuing permits, and supervising and administering the woodcutting permit program. If a fee is necessary, it shall be a standard rate, used statewide, and established annually by the Forester.

History

Statutory/Other Authority: ORS 530
Statutes/Other Implemented: ORS 530.110, 530.115 & 530.500
DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14
FB 9-1980, f. & ef. 10-14-80

Or. Admin. R. 629-028-0020 Criteria for Fee Charge; State Forest Land Woodcutting Permits

(1) In determining when to charge a permit fee, and the amount of such fee, the Forester shall consider the following:

(a) The amount of demand for woodcutting permits in local areas or districts;

(b) The amount of wood available for cutting and any costs incurred in making it accessible for permit use, such as yarding, bunching, posting, marking, and road improvement or maintenance;

(c) The possible impact of administration of the woodcutting permit program upon the accomplishment of other activities necessary to the management of the lands.

(2) If any of the above criteria or combination of criteria under the free permit system cause significant impact in the administration of general State forest land programs, the Forester may implement the fee permit system in a district or area.

History

Statutory/Other Authority: ORS 530
Statutes/Other Implemented: ORS 530.115 & 530.500
DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14
FB 9-1980, f. & ef. 10-14-80

Or. Admin. R. 629-028-0025 Requirements of Permittees of Woodcutting Permits on State Forest Lands

Each permittee shall observe the following requirements:

(1) Permittee shall have the permit in possession when cutting or removing firewood.

(2) The firewood is for personal use and permittee shall not sell, bargain, or otherwise obtain monetary or material profit from the fuelwood obtained through a permit

(3) Permittee shall perform the cutting and removal of firewood in compliance with the laws of the State of Oregon, and requirements of the Forester for the protection and conservation of the lands.

History

Statutory/Other Authority: ORS 530
Statutes/Other Implemented: ORS 530.500
DOF 1-2014, f. 6-12-14, cert. ef. 7-1-14
FB 9-1980, f. & ef. 10-14-80

Division 29 SALE OF FOREST PRODUCTS FROM LANDS OWNED OR MANAGED BY THE STATE BOARD OF FORESTRY

Or. Admin. R. 629-029-0000 Definitions

These rules apply only to sales of forest products with a value in excess of $25,000 or as otherwise allowed by ORS 530.059; 273.521; or 273.525.

History

Statutory/Other Authority: ORS 526.016
Statutes/Other Implemented: ORS 630.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0005 Sale Contract Definitions

(1) Areas of Operations: The locations where a PURCHASER performs the operations described in a contract.

(2) Authorized Representative: The State Forester and the deputy, assistants and employees of the forester, acting under direction of the State Board of Forestry.

(3) Bid: A competitive offer, which is binding on the bidder, in which price, delivery (or project completion) and conformance with specifications and the requirements of the Invitation to Bid will be the predominant award criteria.

(4) Bidder: A person, business, corporation, or other entity recognized by the STATE that submits a bid to enter into a contract with the STATE to purchase forest products, and that certifies that the timber will be harvested.

(5) Contract: The entire written agreement between the parties, including but not limited to the Notice of Timber Sale; Invitation to Bid or Request for Proposal; Instructions to Bidders, specifications, terms, and conditions contained in the prospectus; Exhibits; Operations Plan; change notices; if any; and the accepted Form of Proposal.

(6) Contract Award: The decision of the STATE to award the contract.

(7) Contracting Officer: The State Forester and the deputy, assistants and employees of the forester, acting under direction of the State Board of Forestry.

(8) Forest Products: Harvested timber and/or other products harvested from State Forest lands.

(9) MBF: Thousand Board Feet. The standard abbreviation for 1,000 board feet of standing timber, logs, or lumber. An industry standard of measurement.

(10) Operations: All the activities conducted by a PURCHASER under a contract, including project work, logging, or post harvest activities; or the furnishing of all materials, equipment, labor, and incidentals necessary to successfully complete any individual item or the entire contract.

(11) Project Location: The points or areas designated as such on a contract Exhibit A and located on the ground by reference to points, stations, natural land features, improvements, or area boundary signs.

(12) PURCHASER: Successful high bidder or authorized representative of bidder on a forest products sale contract.

(13) STATE: The Oregon Department of Forestry, State Forester, or a duly Authorized Representative of the State Forester.

(14) Timber Sale Area: The area or areas designated as such on a contract Exhibit A and located on the ground by reference to legal subdivisions, monuments, natural land features, improvements, or sale boundary signs.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0010 Competition in Forest Products Sale Contracts

All forest product sale contracts with an appraised value in excess of $25,000 shall be awarded by competitive bidding except as otherwise allowed or required in ORS 530.059, 273.521, or 273.525. Unless the STATE decides otherwise, competitive bidding may involve a Notice of Timber Sale and the submission by bidders of written, sealed offers or proposals which are opened and read aloud at a publicly disclosed day, time, and place. If the STATE should decide, a public auction may be used instead of written, sealed offers or proposals. The resulting sale contract may be awarded to the highest responsive, responsible bidder.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0015 Bids Are Offers

(1) The bid is the bidder’s offer to enter into a contract which, if the bid is accepted for award by the STATE, binds the bidder to a contract and the terms and conditions contained in the Notice of Timber Sale and the Form of Proposal unless the bid is withdrawn in accordance with OAR 629-029-0055 prior to the time of bid opening.

(2) The bid shall be a complete offer and fully responsive to the bid, unless bidders are specifically authorized by the Notice of Timber Sale to take exceptions or to leave terms open to negotiation.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0020 Bid Preparation Instructions

Unless otherwise allowed by the STATE:

(1) Bid Compliance:

(a) Bids shall be typed or prepared in ink and shall be signed in ink by the bidder, or an authorized representative of the bidder.

(b) Bids shall be made on the form(s) provided unless bidders are otherwise instructed in the Notice of Timber Sale.

(d) Bids shall contain a fully executed bid package, including all required documents.

(2) Entering Bid Prices (unless otherwise indicated):

(a) Price of each item shall be clearly shown in spaces provided in the Form of Proposal.

(b) Numbers shall be stated both in writing and in figures. The written price shall prevail over the numerical price in case of differences.

(c) For recovery (scale) sales, bidders shall show both in writing and figures the price bid per MBF (or other designated unit of measurement).

(d) For cash (lump sum) sales, bidders shall show total sum price bid for all timber contained in the sale area(s), both in writing and figures.

(3) Certification of Eligibility to Bid on State Timber: Bidder shall completely fill out and submit with their bid a “Certification of Eligibility to Bid on State Timber” form. Any bidder who has within a 3-year period preceding a bid had one or more Federal, State or Local timber sales terminated for cause or default shall submit an explanation, in writing, with their bid for consideration by State. Any such explanations shall be submitted at the time of bid on a separate piece of paper. State will consider the following when considering acceptance or rejection of a bid based on previous terminations, defaults or other matters relating to timber sales:

(a) Have the underlying issues that were the cause of a default, termination or other action by a public agency been remedied?

(b) Is the past credit or payment history of the bidder with the public agency satisfactory?

(c) Can the bidder obtain surety bonding in amounts sufficient to meet the requirements contained in the contract(s) at issue?

(d) Have the underlying issues that were the cause of a default, termination or other action by the State Forester been remedied?

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0025 Bidder Examination

Bidders, before submitting a bid, shall make a careful examination of the contract documents and the site of the sale and any appended project work. Such examination shall be independent of any representations by the STATE concerning the quality and quantity of timber, the allowable method of removal of the timber or of conditions affecting the work at the site. Pursuant to OAR 629-029-0135, every contract shall contain a clause requiring such an examination and absolving the STATE from any liability for any misrepresentation or failure to provide information. Bidders shall have independently:

(1) Fully informed themselves as to the quality and quantity of materials and the character of the operations required; and

(2) Have made a careful examination of the location and quantity and quality of the forest products to be sold.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0030 Bidder Submissions

(1) Identification of bids.

(a) To ensure proper identification and special handling, bids shall be submitted in a sealed envelope appropriately marked or in the envelope provided by the STATE, whichever is applicable.

(b) The STATE shall not be responsible for the proper identification and handling of bids not submitted in the designated manner or format to the required delivery point.

(2) Receipt of bids.

(a) It is the bidder’s responsibility to ensure that bids are received by the STATE at the required delivery point, prior to the stated bid opening time, regardless of the method used to submit them.

(b) Unless otherwise allowed by the STATE, no oral, telegraphic, or telephonic bids or modifications shall be considered.

(c) The STATE reserves the right to waive minor deficiencies in bid document requirements and the right to reject any and all bids.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0035 Time for Receipt of Bids

(1) Time for the closing of bids: Bids shall be received in the designated place and manner until the time set for the close of the receipt of bids. No bid shall be received after the time appointed unless the time for the receipt of bids is expanded in the manner set out below. The STATE’s agent designated for the receipt of bids shall determine when the time set for receipt has expired by reference to a clock maintained by the STATE in the place designated for the receipt of bids in the Invitation for Bids. In the absence of such a clock or in the event that the agent determines that the clock is inaccurate, the agent shall determine expiration of the time set for receipt of bids by whatever means the agent determines to be appropriate under the circumstances. The agent’s determination shall not be subject to review.

(2) The time set for the receipt of bids may be extended at the sole discretion of the STATE:

(a) By written amendment to the Notice of Timber Sale which shall be effective when issued and which will be provided to persons who have requested a copy of the Notice of Timber Sale; or

(b) Orally prior to the time set for the close of bids if the STATE’s agent determines that events have occurred that have restricted competition by preventing potential bidders from making a submittal including but not limited to: road closures, unusually severe weather, acts of God or acts of the public enemy, physical obstruction of access to the bid depository and similar occurrences beyond the control of bidders. Such postponement shall be confirmed in writing to each person who submitted a bid and to persons who have requested a copy of the Notice of Timber Sale on the next business day. The time for receipt of bids shall be extended at least two business days from the day the notice is issued.

(3) The time set for the receipt of bids shall not be extended if the time set for the receipt of bids has expired and the envelope enclosing a sealed bid has been opened.

(4) The judgment of the STATE in electing to extend the time for the receipt of bids is not subject to review.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0040 Bid Security

(1) Bid security shall be supplied by bidder in an amount not to exceed 10 percent of the appraised value in order to guarantee bidder adequately qualifies as required by the Notice of Timber Sale.

(2) Form of bid security. The following forms of bid security may be accepted by the STATE:

(a) Cash;

(b) Cashier’s check;

(d) Surety bond;

(e) Assignment of surety;

(f) Irrevocable letters of credit; or

(g) Other securities as determined acceptable by the STATE. Surety bonds must be executed on a standard State form.

(3) Multiple Bids. A bidder may furnish one surety bid bond to cover deposits for more than one forest products sale bid that open on the same date.

(4) Return of bid security.

(a) The STATE may hold the bid security of all bidders until written notice of award is made to the successful bidder.

(b) The STATE may return bid securities to the apparent unsuccessful bidders if they are present at the bid opening. Otherwise, bid security refunds will be mailed to the apparent unsuccessful bidders.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0045 Pre-Bid Conferences

(1) Purpose. The STATE may hold pre-bid conferences with prospective bidders, prior to the date and time set for solicitation closing, to explain contract requirements or to conduct site inspections.

(2) Required attendance. As a condition for bidding the STATE may require attendance at the pre-bid conference. When applicable, this requirement shall be contained on the Notice of Timber Sale.

(3) Scheduled time. The pre-bid conference shall be held within a reasonable time after the solicitation documents have been issued, but sufficiently before the bid opening date to allow consideration by bidders of the conference results in preparing bids.

(4) Statements not binding. Statements made by the STATE at the pre-bid conference are not binding upon the STATE unless confirmed by written changes in a revised Notice of Timber Sale or by written addendum.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0050 Pre-Opening Modification or Withdrawal of Bids

(1) Bid Modifications. Once submitted, bids may be modified in writing prior to the time and date set for the bid opening. Such modifications shall be in writing, shall clearly explain the error and item to be corrected, shall be signed by the person entering the original bid, and shall be submitted in a sealed envelope.

(2) Bid Withdrawals. Once submitted, bids may be withdrawn prior to the time and date set for the bid opening.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0055 Receipt, Opening, and Recording of Bids

(1) Receipt. Each bid, and any bid changes, upon receipt, shall be stored in a secure place until the bid opening. If bids are opened inadvertently, or are opened prior to the time and date set for bid opening because they were improperly identified, the opened bids shall be re-sealed and stored for opening at the correct time.

(2) Opening and recording. Bids shall be opened publicly, at the time, date, and place designated in the Notice of Timber Sale. To the extent practical, the name of each bidder, the bid price(s), and such other information as considered appropriate shall be read aloud. Award decisions shall not be made at the bid opening.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0060 Cancellation of Invitations to Bid

(1) Cancellation in the public interest. An invitation to bid may be cancelled in whole or in part when cancellation is in the public interest, as determined by the STATE. The reasons for taking this action may be made part of the bid file.

(2) Notice of Cancellation. When an invitation to bid is cancelled prior to bid opening, notice of cancellation may be mailed, placed on the Oregon Department of Administrative Service’s electronic procurement system known as the “Vendor Information Program,” or otherwise made available or furnished to all known holders of solicitation documents.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0065 Disposition of Bids if Solicitation Cancelled

(1) Prior to bid opening. When an invitation for bids is cancelled prior to bid opening, all bids received may be returned to bidders unopened, if submitted in a hard copy format with a clearly visible return address. If there is no return address on the envelope, the bid may be opened to determine the source and then returned to sender.

(2) After bid opening. When all bids are rejected, the bids received may be retained and become part of the STATE’s permanent solicitation file.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0070 Late Bids, Late Withdrawals, and Late Modifications

(1) Definition. Any bid received after the time and date set in the Notice of Timber Sale for receipt of bids is late. Any request for bid withdrawal or modification received after the time and date set for bid opening is late.

(2) Disposition. At the discretion of the STATE, no late bids, late modifications, or late withdrawals shall be considered.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0075 Mistakes in Bids

(1) General. Clarification or withdrawal of a bid because of an inadvertent, nonjudgmental mistake in the bid requires careful consideration to protect the integrity of the competitive bidding system, and to assure fairness. Except as provided in this rule, if the mistake is attributable to an error in judgment, the bid may not be corrected. Bid correction or withdrawal by reason of a nonjudgmental mistake is permissible but only to the extent it is not contrary to the interest of the STATE or the fair treatment of other bidders.

(2) Mistakes discovered after bid opening but before award. This subsection prescribes procedures to be applied in situations where mistakes in bids are discovered after the time and date set for bid opening but before award:

(a) Minor informalities. Minor informalities are matters of form rather than substance that are evident from the bid documents, or are insignificant mistakes that can be waived or corrected promptly without prejudice to other bidders, or the STATE.

(b) Mistakes where intended, correct bid is evident. If the mistake and the intended correct bid item are clearly evident on the face of the bid form, or can be substantiated from accompanying documents, the STATE may accept the bid. Examples of mistakes that may be clearly evident on the face of the bid form are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors. In the event a bidder mistakenly submits more than one bid amount, the highest bid amount shall be considered the intended bid.

(c) Mistakes where intended correct bid is not evident. The STATE may not accept a bid in which a mistake is clearly evident on the face of the bid form but the intended correct bid is not clearly evident or cannot be substantiated from accompanying documents.

(3) Mistakes discovered after award:

(a) Each bidder and its surety shall be the sole guarantors of the correctness and accuracy of its bid. A claim of a mistake in the bid which is not brought to the notice of the STATE agent issuing the Notice of Award until after the award has been issued shall not be cause for cancellation, rescission, adjustment or correction of the contract and no relief from a claimed mistake in bid brought to the STATE’s attention after award shall be allowed on the basis of a claim that the STATE knew or should have known of the mistake alleged.

(b) The STATE in its sole discretion may permit adjustment of the contract if:

(A) Correction of the mistake results in a contract that is more favorable to the STATE, price and other factors considered; and

(B) The offer as corrected remains responsive to the original solicitation;and

(C) Allowing the correction will not cause the contract resulting to be less favorable to the STATE than a contract that would result if the offer of the next highest bidder were accepted.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0080 Bid Evaluation and Award — General

The contract, if awarded, may be awarded to the highest, responsive and qualified bidder. Consistent with the provisions of the Notice of Timber Sale, and in the public interest as determined by the STATE, awards may be made by item, groups of items, or entire bid. The STATE reserves the right to reject any bid not in compliance with the Notice requirements, and to reject any or all bids upon a finding of the STATE that it is in the public interest to do so.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0085 Bidder Disqualification

(1) Definitions. As used in this rule:

(a) “Disqualification” means the debarment, exclusion, or suspension of a person from right to submit bids in response to the STATE’s Notices of Timber Sales for a reasonable, specified period of time named in the order of disqualification. A bidder so debarred, excluded, or suspended is disqualified.

(b) “Person” means an individual, partnership, or corporation. Disqualification attaches to and follows the individual, so that an individual who is a partner in a partnership or an officer or principal in a corporation which is disqualified may not reform the business entity as a way of avoiding the disqualification.

(2) Grounds for disqualification. The following are grounds for bidder disqualification:

(a) The person does not have sufficient financial ability to perform the contract. If a bond is required to ensure performance of a contract, evidence that the person can acquire a surety bond in the amount and type required shall be sufficient to establish financial ability;

(b) The person is in noncompliance in a public contractual obligation. If the answer to one or more of the questions in OAR 629-029-0020, section (3), (A), (B), (C), or (D) is no, STATE may reject the bid.

(c) The person has discriminated against disadvantaged minority, women, or emerging small business enterprises in the awarding of subcontracts in a contract between the person and the STATE.

(d) The person is, at the time of bidding, in default status under OAR 629, division 032, or chapter 141, division 015.

(3) Investigation. The STATE may make such investigation as is necessary to determine whether there are grounds for disqualifying a person. If a bidder or prospective bidder fails to supply such information promptly as requested by the STATE, such failure is grounds for disqualification.

(4) Notice of disqualification. The bidder or prospective bidder will be notified of the STATE’s decision to disqualify the person from bidding with the STATE.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0090 High Tie Bids

(1) Definition. High tie bids are high responsive bids from responsible bidders that are identical in price.

(2) Award. Award shall be made by drawing lots among tied bidders. Method of Drawing Lots: As directed by the STATE.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0095 Rejection of Individual Bids

(1) General. The STATE reserves the right to waive minor technicalities and the right to reject any and all bids. The STATE may reject in whole or in part, any bid not in compliance with all prescribed bidding procedures and requirements, and may reject for good cause any bid upon a finding of the STATE that it is in the public interest to do so.

(2) Reasons for rejection. Reasons for rejecting a bid include but are not limited to finding that:

(a) The bid is nonresponsive, that is, it does not conform in all material respects to the Notice of Timber Sale requirements; or

(b) The bidder has not qualified, i.e., has not properly provided the required financial documents and filled out an acceptable “Certificate of Eligibility to Bid on State Timber” form; or

(c) The bidder within the last five years has been found, in a civil, criminal, or administrative proceeding, to have committed or engaged in fraud, misrepresentation, price-rigging, unlawful anti-competitive conduct, or similar behavior; or

(d) The bidder within the last 3 years preceding their bid had one or more Federal, State or Local timber sales terminated for cause or default and the bidder did not fully execute the Certification of Eligibility to Bid on State Timber as provided in OAR 629-029-0020, or the bidder did not provide written explanation of prior termination or default as required, or the bid was rejected after review of the explanation submitted with the certification.

(e) The bidder has a pending or unresolved default under a timber sale contract with State Forester; or

(f) The bid security has not been submitted or properly executed as required by the Notice of Timber Sale documents; or

(g) Other circumstances of the particular bid, or bidder, indicate that acceptance of the bid would impair the integrity of the selection process or result in an imprudent contract by the STATE; or

(h) The bidder has not complied with the provisions of the federal act “Forest Resources Conservation Amendments Act of 1993,” ORS 526, or OAR 629, division 031, which prohibit the export of unprocessed timber from public lands in Oregon and other states.

(3) Form of Business Entity. For purposes of this rule the corporate or business form of bidders shall be subject to scrutiny, so that previously-disqualified bidders, or their officers and directors, may not by subterfuge, change of apparent ownership, or other adjustments in formal appearance, avoid application of this rule.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0100 Rejection of All Bids

(1) Bid rejection. All bids may be rejected for good cause upon a finding by the STATE it is in the public interest to do so. Notification of rejection of all bids, along with the good cause justification and finding of public interest, may be sent to all who submitted a bid.

(2) Rejection criteria. Reasons for rejecting all bids include but are not limited to the following:

(a) Due to the content of or error in the solicitation documents, including its terms, conditions, or specifications, the solicitation process unnecessarily restricted competition for the public contract; or

(b) The price presented by the highest qualified bidder is, in the opinion of the STATE, too low to justify acceptance of the bid; or

(c) Misconduct, error, or ambiguous or misleading provisions in the solicitation documents threaten the fairness and integrity of the competitive process; or

(d) Causes other than legitimate market forces threaten the integrity of the competitive bidding process. These causes include, but are not limited to, those that tend to limit competition such as restrictions on competition, collusion, corruption, unlawful anti-competitive conduct, and inadvertent or intentional errors in the solicitation documents.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0105 Contract Award

Contract Award. At the discretion of the STATE, the apparent high bidder will be notified of the contract award.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0110 Protest of Contract Award

(1) Purpose. The purpose of this rule is to require adversely affected or aggrieved bidders on a STATE solicitation for bids to exhaust all avenues of administrative review and relief before seeking judicial review of the STATE’s contract award decision.

(2) Notice of Award.

(a) The STATE’s written notice of contract award (or other contract initiating document, e.g., a notice of intent to award, hereinafter referred to collectively as the “award documents”), shall constitute a final decision of the STATE to award the contract if no written protest of the contract award is filed with the STATE within 14 calendar days following issuance of the award documents. If a protest of contract award is timely filed by an actual aggrieved bidder, the award documents shall constitute a final decision of the STATE only upon issuance to the protesting bidder of a written decision denying the protest and affirming the award.

(b) Unsuccessful bidders will generally not be notified that a contract has been awarded.

(3) Right to protest. Any qualified bidder who is adversely affected or aggrieved by the STATE’s award of the contract to another bidder shall have 14 calendar days after issuance of the award documents to submit a written protest of the award. The written protest shall specify the grounds upon which the protest is based. In order to be an adversely affected or aggrieved bidder with a right to submit a written protest, a bidder must itself claim to be eligible for award of the contract as the highest responsive, responsible bidder and must be next in line for award, i.e., the protester must claim that all higher bidders are ineligible for award:

(a) Because their bids were nonresponsive; or

(b) As a result of the STATE committing a material violation of a solicitation provision or of an applicable procurement statute or administrative rule, the protester was unfairly evaluated and would have, but for such material violation, been the highest bidder. The STATE may not entertain a protest submitted after the time period established in this rule.

(4) Authority to resolve protest. The STATE may settle or resolve a written protest submitted in accordance with the requirements of section (3) of this rule.

(5) Decision. If the protest is not settled or resolved by mutual agreement, the STATE may promptly issue a written decision on the protest.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0115 Availability of Award Decision

(1) Contract documents. A signed contract document may be sent to the successful bidder.

(2) Notification to unsuccessful bidders. Unsuccessful bidders generally will not be notified that a contract has been awarded.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0120 Performance Bond

(1) Performance bond security, at the minimum shall be 20 percent of the bid, or an amount equal to the value of the project work (rounded up to the nearest thousand), whichever is greater. This requirement will be stated in the Notice documents.

(2) Form of bond security. The following forms of bond security may be accepted by the STATE:

(a) Cash;

(b) Cashier’s check;

(d) Surety bond;

(e) Assignment of surety;

(f) Irrevocable letters of credit; or

(g) Other securities as determined acceptable by the STATE. Surety bonds must be executed on a standard State form.

(3) Bonds shall be retained for 120 days after acceptance of operations.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0125 Payment Bond

(1) State may require payment bond security. This may be in the form of a Timber Payment Bond or a Blanket Payment Bond. Payment bond security shall be in the form of:

(a) Cash;

(b) Cashier’s check;

(d) Surety bond;

(e) Assignment of surety;

(f) Irrevocable letters of credit; or

(g) Other securities as determined acceptable by the STATE.

(2) At no time shall the amount of the payment bond(s) be less than the value of timber removal and not paid for by PURCHASER, and shall at a minimum be in an amount equal to the standard installment, or the aggregate amount of installments when a blanket bond is used. Surety bonds must be executed on a standard State form.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0130 Contract Cancellation Procedures

(1) Grounds for cancellation. The STATE may, at its option, cancel a contract, for any material violation of the provisions of the contract. Such provisions generally include, but are not limited to:

(a) Standard terms and conditions included in all contracts;

(b) Product or service specifications;

(d) Contracted pricing.

(2) Remedies cumulative. No cancellation of a contract shall, unless other remedies are expressly limited by the terms of the particular contract, restrict or abrogate any other remedy available to the STATE that is provided either by law or under the particular contract.

(3) Notice. The STATE will provide the PURCHASER written notice of the grounds for cancellation and its intention to cancel the contract. If the PURCHASER provided a performance and payment bond, the surety may also be provided with a copy of the notice of contract cancellation. The notice may include:

(a) The effective date of the intended cancellation;

(b) Notice of the amount of time (if any) in which the STATE will permit the PURCHASER to correct the failure to perform. The contract may provide contract cancellation procedures that are different from, or in addition to, those provided in this rule.

(4) Contract completion by substitute contractor. If the PURCHASER has provided a performance and payment bond, the STATE may afford the PURCHASER’s surety the opportunity, upon the surety’s receipt of a PURCHASER’s contract cancellation notice, to provide a substitute contractor as qualified by STATE, to complete performance of the contract. Performance by the substitute contractor shall be rendered pursuant to all material provisions of the original contract, including the provisions of the performance and payment bond. Such substitute performance does not involve the award of a new public contract and shall not be subject to competitive bidding provisions.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0135 Contract Requirements

(1) Conditions of contracts concerning payment of laborers and materialmen, contributions to Industrial Accident Fund, liens, and withholding taxes. Contracts entered into by the STATE may contain a condition that the PURCHASER shall:

(a) Make payment promptly, as due, to all persons supplying to such contractor labor or material for the prosecution of the work provided for in such contract.

(b) Pay all required contributions or amounts due the Industrial Accident Fund under ORS Chapter 656 from such contractor or subcontractor incurred in the performance of the contract.

(c) Not permit any lien or claim to be filed or prosecuted against the state, county, school district, municipality, municipal corporation, or subdivision thereof, on account of any labor or material furnished.

(d) Pay to the Department of Revenue all sums withheld from the employees pursuant to ORS 316.167.

(2) Condition concerning payment of claims by public officers.

(a) Contracts entered into by the STATE may contain a clause or condition that if the PURCHASER fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to PURCHASER or a subcontractor in connection with work to be done under a contract, as such claim becomes due, the STATE may pay such claim to the person furnishing the labor or services and obtain reimbursement from PURCHASER or from PURCHASER’s performance bond.

(b) Payment of any claim in such manner shall not relieve PURCHASER or surety from obligations with respect to any unpaid claims.

(3) Provisions relating to environmental and natural resources laws and rules. Bid documents may make specific reference to federal, state, and local agencies that have enacted ordinances or regulations dealing with the prevention of environmental pollution and the preservation of natural resources that affect the performance of the contract.

(4) Provisions relating to termination of contract. Contracts entered into by the STATE shall contain a clause that allows the State to terminate contract, in whole or in part, whenever the STATE determines it is in its interest to do so.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Or. Admin. R. 629-029-0140 Qualification Process

PURCHASERS must “qualify” under the terms of the contract within 30 days of contract award. To “qualify” a PURCHASER must submit the first payment, proof of insurance and an adequate performance bond, as stated in the Notice and in the contract documents. If a PURCHASER fails to “qualify” within the required 30 days, the STATE may retain any bid deposit submitted by PURCHASER as liquidated damages. In no event shall a PURCHASER be permitted to conduct operations under a contract prior to meeting the qualification requirements for that contract.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 530.050
FB 1-1997, f. 9-4-97, cert. ef. 1-1-98

Division 31 LOG EXPORT RULES

Or. Admin. R. 629-031-0005 Definitions

(1) “Export” means that unprocessed timber is loaded on a vessel or other conveyance with a foreign destination or is present at a facility such as a port or dock with intent to load it on a vessel or other conveyance with a foreign destination.

(2) “Performance Bond” means the security required by a state timber sale contract which ensures satisfactory performance of contract requirements by the timber sale purchaser. A performance bond may be in the form of a surety bond, cash, negotiable securities, irrevocable letter of credit, or an assignment of surety.

(3) “Person” means an individual, a partnership, a public or private corporation, an unincorporated association, or any other legal entity. The term includes any subsidiary subcontractor, parent company or other affiliate. Business entities are considered affiliates when one controls or has the power to control the other or when both are controlled directly or indirectly by a third person.

(4) “Private Lands” means lands within the State of Oregon owned by a person. The term does not include federal lands or non-federal public lands, or any lands the title to which is:

(a) Held in trust by the United States for the benefit of any Indian tribe or individual;

(b) Held by any Indian tribe or individual subject to a restriction by the United States against alienation; or

(5) “Purchaser” means person who has entered into a state timber sale contract with the State Forester.

(6) “State Lands” means lands owned by the Board of Forestry under ORS Chapter 530 or any lands managed by the State Forester by agreement with the State Land Board.

(7) “State Timber” means any timber owned by the Board of Forestry under ORS Chapter 530 or any timber managed by the State Forester by agreement with the State Land Board.

(8) “State Timber Sales Contract” means any timber under contract with the State Forester which is owned by the Board of Forestry under ORS Chapter 530 or any timber under contract with the State Forester and managed or sold by agreement with the State Land Board.

(9) “Unprocessed Timber” or “Unprocessed State Timber” means trees or portions of trees or other roundwood not processed to standards and specifications suitable for end product use. The term does not include timber processed into any one of the following:

(a) Lumber or construction timbers, meeting current American Lumber Standards Grades or Pacific Lumber Inspection Bureau Export R or N list grades, sawn on four sides, not intended for remanufacture;

(b) Lumber, construction timbers, or cants for remanufacture, meeting current American Lumber Standards Grades or Pacific Lumber Inspection Bureau Export R or N list clear grades, sawn on 4 sides, not to exceed 12 inches (nominal) in thickness;

(c) Lumber, construction timbers, or cants for remanufacture, that do not meet the grades referred to in clause (b) and are sawn on four sides, with wane less than 1/4 of any face, not exceeding 8-3/4 inches in thickness;

(d) Chips, pulp, or pulp products;

(e) Veneer or plywood;

(f) Poles, posts, or piling cut or treated with preservatives for use as such;

(g) Shakes or shingles;

(h) Aspen or other pulpwood bolts, not exceeding 100 inches in length, exported for processing into pulp;

(i) Pulp logs or cull logs processed at domestic pulp mills, domestic chip plants, or other domestic operations for the purpose of conversion of the logs into chips.

(j) Firewood cut in pieces 48 inches or less in length.

History

Statutory/Other Authority: ORS 530
Statutes/Other Implemented: ORS 526.801 - 526.992 & 530.010 - 530.020
FB 10-1990, f. 12-18-90, cert. ef. 12-20-90
FB 8-1990(Temp), f. 10-19-90, cert. ef. 11-1-90

Or. Admin. R. 629-031-0010 Criteria for Eligibility to Purchase State Timber or Logs

(1) In addition to all other requirements of law, a person may bid for state timber or logs originating from state lands if the person certifies in a form and manner specified by the State Forester that:

(a) The person will not directly or indirectly export unprocessed state timber or logs; and

(b) Unless exempted by section (2) of this rule, the person has not directly or indirectly exported unprocessed timber from private lands in Oregon for a period of not less than 24 months prior to the date of submission of the bid; and

(c) The person will not sell, transfer, exchange or otherwise convey unprocessed state timber or logs to any other person without obtaining a certification from the person that meets the requirements of OAR 629-031-0030.

(d) The person shall not engage in export of unprocessed timber originating from private lands in Oregon until such time as all interests in contracts for state timber held by that person have terminated.

(2) Purchases of hardwood logs originating from state timber sales for domestic processing only may be made by persons otherwise ineligible to bid under (1)(b) above, provided they certify that:

(a) They have not directly or indirectly exported unprocessed hardwood timber from private lands in Oregon for at least 24 months.

(b) The hardwood logs shall be domestically processed.

(c) They will obtain a certification from any person to whom they sell, transfer, exchange or otherwise convey state hardwood logs that meets the requirements of OAR 629-030-0030.

History

Statutory/Other Authority: ORS 530.050(10) & 526.041(1)
Statutes/Other Implemented: ORS 530.059 & 526.801 - 526.992
DOF 1-2000, f. 1-13-00 cert. ef. 2-1-00
FB 10-1990, f. 12-18-90, cert. ef. 12-20-90
FB 8-1990(Temp), f. 10-19-90, cert. ef. 11-1-90

Or. Admin. R. 629-031-0015 Prohibition Against Indirect Substitution

In addition to all other requirements of law, no person who is prohibited from purchasing timber directly from the State Forester may purchase state timber from any other person. Acquisitions of Western Red Cedar which are domestically processed into finished products to be sold into domestic or international markets are exempt from the prohibition contained in this rule.

History

Statutory/Other Authority: ORS 530
Statutes/Other Implemented: ORS 526.806, 530.040 & 530.050
FB 10-1990, f. 12-18-90, cert. ef. 12-20-90

Or. Admin. R. 629-031-0020 Applicable State Timber

All unprocessed timber, as defined in OAR 629-031-0005, which originates from state lands is prohibited from export.

History

Statutory/Other Authority: ORS 530
Statutes/Other Implemented: ORS 526.806, 530.040 & 530.050
FB 10-1990, f. 12-18-90, cert. ef. 12-20-90

Or. Admin. R. 629-031-0025 Surplus Timber

The prohibitions against export contained in OAR 629-031-0005 to 629-031-0045 shall not apply to specific quantities of grades and species of unprocessed timber originating from state land which the United States Secretary of Agriculture or Interior has determined by rule to be surplus to the needs of timber manufacturing facilities in the United States.

History

Statutory/Other Authority: ORS 530
Statutes/Other Implemented: ORS 526.811, 530.040 & 530.050
FB 10-1990, f. 12-18-90, cert. ef. 12-20-90

Or. Admin. R. 629-031-0030 Reporting Requirements

(1) Before the State Forester will issue final acceptance of timber sale contract requirements, a purchaser of state timber or logs must:

(a) Notify the State Forester of the delivery destination of all timber or logs purchased under that contract. Notification will be made in a form and manner prescribed by the State Forester;

(b) Prior to selling, trading, exchanging or otherwise conveying unprocessed state timber or logs to any other person, the purchaser of state timber shall obtain a certification of the person’s eligibility to purchase state timber or logs and their intent to comply with the terms and conditions contained in this section. Certification will be made in a form and manner as prescribed by the State Forester and shall be forwarded to the State Forester upon completion of the transaction. Obtaining a certification shall not relieve the purchaser’s responsibility to provide the State Forester with an accounting of the delivery destination of that timber or logs.

(2) Any performance bond required by a state timber sale contract may be retained by the State Forester, until satisfactory notification of the state timber or logs delivery destination has been received by the State Forester.

(3) Failure to provide the State Forester with a final accounting of the delivery destination of state timber or logs will be considered a violation of these export regulations. Violators will be subject to the penalties contained in OAR 629-031-0035.

History

Statutory/Other Authority: ORS 530.050(10) & 526.041(1)
Statutes/Other Implemented: ORS 530.059 & 526.801 - 526.992
DOF 1-2000, f. 1-13-00 cert. ef. 2-1-00
FB 10-1990, f. 12-18-90, cert. ef. 12-20-90

Or. Admin. R. 629-031-0035 Purchaser Disqualification and Termination of Contracts

(1) The State Forester shall keep a record of any person who violates the requirements of OAR’s 629-031-0005 to 629-031-0040.

(2) A person whose name appears on the record for violations as stated in section (1) of this rule, and who again violates the requirements of OAR 629-031-0005 to 629-031-0040 shall be disqualified from bidding on or purchasing state timber for a period of five years following the date of the violation. Any appeals of disqualification shall be handled as provided in ORS 279.045.

(3)(a) The State Forester may cease operations on and/or terminate any state timber sale contract entered into with a person who has violated the requirements of OAR 629-031-0005 to 629-031-0040, and assess damages according to the following formula:

(b) D = (OSV+AC) - (PR+RSV), where:

(A) D = Damages and Expenses;

(B) OSV = Original Sale Value (timber only — does not include project value). The original sale value shall be adjusted to reflect estimated overruns or underruns on recovery sales;

(C) AC = Administrative Costs. These costs include both the field and office costs required for the preparation of the defaulted parcel for resale. These costs also include rehabilitation or regeneration delay costs, legal service costs, interest, and other costs allowed by law;

(D) PR = Payments Received;

(E) RSV = Remaining Sale Value. The value of the remaining timber shall be determined using the State Forester’s estimate of remaining volume, multiplied by the dollar values stated in the contract.

History

Statutory/Other Authority: ORS 530
Statutes/Other Implemented: ORS 526.826 & 530.059
FB 10-1990, f. 12-18-90, cert. ef. 12-20-90

Or. Admin. R. 629-031-0040 Log Branding and Marking Requirements

All unprocessed state timber or logs originating from state timber sales shall be branded with an assigned and registered brand before removal from the sale area. Unless prevented by the size or condition of the wood one end of all logs originating from state timber sales shall be hammer branded and one end shall be painted with a paint type and color determined by the State Forester.

History

Statutory/Other Authority: ORS 530.050(10) & 526.041(1)
Statutes/Other Implemented: ORS 530.059 & 526.801 - 526.992
DOF 1-2000, f. 1-13-00 cert. ef. 2-1-00
FB 10-1990, f. 12-18-90, cert. ef. 12-20-90

Or. Admin. R. 629-031-0045 Enforcement

Investigation of suspected violations of these rules and/or surveillance of unprocessed timber in transit and at port facilities may be conducted by the State Forester, or contracted by the State Forester to other state or federal agencies. Any alleged violations of the export prohibition provisions of this section will be referred by the State Forester to the appropriate federal or state agency for prosecution or other legal action.

History

Statutory/Other Authority: ORS 530
Statutes/Other Implemented: ORS 526.801 - 526.992, 530.010 - 530.520 & 532.010 - 532.100
FB 10-1990, f. 12-18-90, cert. ef. 12-20-90

Division 32 PROCEDURES GOVERNING DEFAULTS ON BOARD OF FORESTRY TIMBER SALE CONTRACTS

Or. Admin. R. 629-032-0000 Purpose

(1) The purpose of these rules is to provide a uniform procedure governing defaults on Board of Forestry timber sale contracts involving Board of Forestry lands or lands managed under agreement with the State Land Board.

(2) The provisions of OAR 629-032-0000 to 629-032-0070 are in addition to, not in lieu of, any other remedies the Board of Forestry may have against a defaulting purchaser.

History

Statutory/Other Authority: ORS 526 & 530
Statutes/Other Implemented: ORS 526.005 & 530.010 - 530.520
DOF 1-1998, f. & cert. ef. 1-14-98
FB 4-1987, f. & ef. 9-8-87

Or. Admin. R. 629-032-0005 Definitions

(1) “Contract” means a contract for the sale of timber made under the provisions of ORS 530.050 and 530.059 or under agreement with the State Land Board.

(2) “Default” means the purchaser’s failure to correct a violation as directed by the forester within a specified period of time; purchaser’s failure to complete contract requirements by any interim completion dates or the contract expiration date, whichever is earliest, or the purchaser’s injury to or severance of timber not included in the sale.

(3) “Forester” means the State Forester or designee.

(4) “Purchaser” means individual or organization purchasing timber from Board of Forestry lands or lands managed under agreement with the State Land Board.

(5) “Violation” means any failure to comply with the terms and conditions of the contract.

History

Statutory/Other Authority: ORS 526 & 530
Statutes/Other Implemented: ORS 526.041, 530.050 & 530.059
DOF 1-1998, f. & cert. ef. 1-14-98
FB 3-1990, f. 6-26-90, cert. ef. 6-19-90
FB 4-1987, f. & ef. 9-8-87

Or. Admin. R. 629-032-0030 Notice of Default to Purchaser

(1) Whenever the forester finds there is a violation of any provision of the contract, the forester may suspend operations in accordance with the provisions of the contract. If the violation is not corrected within the time specified by the forester, the forester may notify the purchaser that the contract is in default and terminate the contract.

(2) If the purchaser has failed to complete the requirements of the contract prior to the expiration date or any interim completion date required by the contract, whichever is earliest, or if the purchaser injures or severs timber not included in the sale, the forester may notify the purchaser that the contract is in default without allowing the purchaser to take corrective action.

(3) All notices of default to the purchaser shall:

(a) Be sent by certified mail with return receipt requested;

(b) Inform the purchaser of the reasons for the default and the effective date of the default.

(c) Inform the purchaser that the purchaser may request a contested case hearing by notifying the forester within 15 days of the date of the Notice of Default.

History

Statutory/Other Authority: ORS 526 & 530
Statutes/Other Implemented: ORS 526.041, 526.046 & 530.059
DOF 1-1998, f. & cert. ef. 1-14-98
FB 3-1990, f. 6-26-90, cert. ef. 6-19-90
FB 4-1987, f. & ef. 9-8-87

Or. Admin. R. 629-032-0050 Contested Case Hearing

(1) Within 15 days of the date of the Notice of Default from the forester stating the reason for the default and effective date of the default, the purchaser may request a contested case hearing before the forester to determine whether a default was committed by the purchaser. The hearing, if requested, is the purchaser’s opportunity to prove that it did not commit a default. Within 60 days of submitting a request for hearing, the purchaser must submit to the forester a detailed and comprehensive written statement explaining why the purchaser believes it did not commit a default. The statement must be accompanied by copies of all documentary and other evidence that the purchaser will rely on at the hearing to establish that it did not commit a default. Only those grounds identified in the purchaser’s statement, and supported by the evidence accompanying the statement, may be relied on by the purchaser at the hearing to prove that the purchaser did not commit a default.

(2) The hearing shall be governed by ORS 183.413 to 183.497. A hearings officer may be appointed by the forester to hear the case. However, the hearings officer shall not have the authority to issue a final order. Any final order issued under this rule shall be signed by the forester and may be appealed as provided in 183.482.

History

Statutory/Other Authority: ORS 526 & 530
Statutes/Other Implemented: ORS 183.413-497, 526.041, 526.046 & 530.059
DOF 1-1998, f. & cert. ef. 1-14-98
FB 4-1987, f. & ef. 9-8-87

Or. Admin. R. 629-032-0070 Provisions

If the Forester determines a contract is in default, the following provisions apply to all defaults governed by OAR 629-032-0000 through 629-032-0050:

(1) The following shall be retained by the forester or maintained in full effect until contract damages have been determined by agreement, mediation or litigation and the forester has been reimbursed in full for said damages:

(a) Payments made by the purchaser, including initial deposits and advance payments; and

(b) Performance and payment bonds. Performance and payment bond amounts shall not be reduced until the forester has been reimbursed in full for all contract damages.

(2) The Department of Forestry may offer the defaulted parcel for resale at any time after the Notice of Default has been mailed to the purchaser.

(3) The Department of Forestry may retain resale revenues obtained from the resale of the defaulted parcel.

History

Statutory/Other Authority: ORS 526 & 530
Statutes/Other Implemented: ORS 526.041, 530.110 & 530.115
DOF 1-1998, f. & cert. ef. 1-14-98
FB 4-1987, f. & ef. 9-8-87

Division 33 STATE FOREST LAND ACQUISITIONS AND EXCHANGES

Or. Admin. R. 629-033-0000 Scope

These rules apply to the exchange of lands designated as state forests lands as provided in ORS 530.010.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 530.010 & 530.040
DOF 5-2001, f. & cert. ef. 9-14-01

Or. Admin. R. 629-033-0005 Definitions

(1) "Board" means the Oregon Board of Forestry.

(2) "Board of Forestry Lands" means lands owned by the Board of Forestry under ORS Chapter 530.

(3) "Department" means the State of Oregon, Department of Forestry.

(4) "District" means a defined geographic area that is an administrative unit of the Department, within which a District Forester manages the Department’s programs.

(5) "State forest lands" means all forest lands managed by the State Forester under the direction of the Board of Forestry as provided in ORS Chapter 530.

(6) "Transaction" means an acquisition or exchange of state forest lands.

(7) "State Forester" means the Agency Director of the Oregon Department of Forestry and the Secretary to the Board of Forestry.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 530.010 & 530.040
DOF 5-2001, f. & cert. ef. 9-14-01

Or. Admin. R. 629-033-0010 Purpose for Acquisitions and Exchanges

The acquisition or exchange of state forest lands is appropriate when:

(1) The transaction furthers the purposes of ORS 530.010, the acquisition of lands chiefly valuable for the production of forest crops, watershed protection and development, erosion control, grazing, recreation or forest administrative purposes; and

(2) The exchange furthers the objectives of providing a full range of social, economic and environmental benefits to the people of Oregon for achieving greatest permanent value as defined in OAR 629-035-0020, as expressed in approved forest management plans; and

(3) The transaction results in the consolidation of state forest lands, or makes management of state-owned forest lands more economically feasible.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 530.010 & 530.040
DOF 5-2001, f. & cert. ef. 9-14-01

Or. Admin. R. 629-033-0015 Long Range Acquisition and Exchange Plans

(1) Each district of the Department shall prepare a long-range acquisition and exchange plan outlining the key parcels proposed for exchange or acquisition within that district. The acquisition and exchange plan shall describe how the plan aligns with ORS 530.010 and 530.040, and approved forest management plans, and furthers the objectives of achieving greatest permanent value as defined in OAR 629-035-0020. The long-range acquisition and exchange plan shall be reviewed by the Board of Forestry prior to approval by the State Forester. The State Forester shall review, update and approve long-range acquisition and exchange plans at least every ten years.

(2) Proposals for exchange or acquisition that are not part of an approved long-range acquisition and exchange plan may be submitted if an exchange or acquisition opportunity presents itself, and when in the opinion of the District Forester, that proposal meets the intent of OAR 629-033-0010. Such proposals shall be submitted through supervisory channels for review and approval by the State Forester prior to the Department entering into any written agreement with the proposed acquisition or exchange partner.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 530.010 & 530.040
DOF 5-2001, f. & cert. ef. 9-14-01

Or. Admin. R. 629-033-0020 Land Status, Designation, and Classification

(1) ORS 530.040 requires that all lands received in exchange shall have the same status and be subject to the same provisions of law as the lands given in exchange. Status means the designation of the lands as Board of Forestry-owned state forest lands.

(2) Any land transaction proposals shall state what Forest Land Base Designation and Forest Land Management Classification is in effect for the lands proposed to be given, and shall state what Forest Land Base Designation and Forest Land Management Classification is proposed for the lands being acquired.

(3) Lands proposed to be acquired or exchanged shall be treated as amendments to the district land base designations and management classifications system as provided in OAR 629-035-0070, and shall be subject to a 30-day public comment period prior to approval of the transaction.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 530.010 & 530.040
DOF 5-2001, f. & cert. ef. 9-14-01

Or. Admin. R. 629-033-0025 Approvals

(1) Exchanges of state forest lands between counties shall first be approved by the County Court or Board of County Commissioners of the counties affected.

(2) All exchanges of state forest land that require a monetary payment in excess of ten percent of the value of the parcel(s) being acquired shall first be approved in concept by the Board of Forestry.

(3) All acquisitions of forest lands proposed for ownership by the Board and designation as state forest lands must have approval of the County Court or Board of County Commissioners of the county affected.

(4) All acquisitions or exchanges involving state forest lands shall be submitted to the Board for final approval prior to execution of deeds which consummate the transaction.

(5) The Department shall obtain approval by the Attorney General of the title to all lands to be received in accordance with ORS 530.020.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 530.010 & 530.040
DOF 5-2001, f. & cert. ef. 9-14-01

Or. Admin. R. 629-033-0030 Public Hearings

(1) As required by ORS 530.040(3), a public hearing on all acquisitions or exchanges of state forest land shall be held at the courthouse of the county or counties in which the lands are situated.

(2) Notice of such hearing shall be given by publication in two successive issues of a newspaper of general circulation published in that county or counties, the first of which shall be given not less than 30 days prior to the date of the hearing.

(3) The notice shall specify the time and place of the hearing, a description of lands to be given and received including a legal description and common name where applicable, and describe the proposed Forest Land Base Designation and Forest Land Management Classification for the lands being acquired. The notice shall also indicate how and where to obtain detailed maps outlining the exact location of the parcels involved and staff analysis of the transaction.

(4) The 30-day notice required for public comment in OAR 629-033-0020(3) will commence on the date of the hearing described in subsection (2) above, and will run for 30 days. Public comments must be submitted by the closing of the public comment period and shall be sent to the State Forester’s office in Salem.

(5) The Department shall furnish the County Commissioners with complete copies of all comments or other pertinent documents submitted relative to the transaction prior to commencement of the County Commissioners public hearing on the transaction.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 530.010 & 530.040
DOF 5-2001, f. & cert. ef. 9-14-01

Or. Admin. R. 629-033-0035 Monetary Consideration in Exchanges

The Department may consider the receipt of land, monetary consideration, or other assets to equalize values of the parcels being exchanged. The Department must, however, receive approval in concept from the Board of Forestry when the proposed monetary payment exceeds ten percent of the value of the parcel(s) being acquired. In no event shall monetary compensation exceed 25 percent of the appraised value of the acquired property, unless the Board finds extraordinary circumstances exist that necessitate the exchange.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 530.010 & 530.040
DOF 5-2001, f. & cert. ef. 9-14-01

Or. Admin. R. 629-033-0040 Timber Harvest of Potential Exchange Parcels

The Department may harvest a parcel that has been identified for exchange prior to approval of the exchange by the Board when:

(1) The harvest of the parcel aligns with achieving the goals of applicable forest management plans and the rationale has been documented in annual operations plans; or

(2) The Board approves the harvest prior to final completion of the exchange.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 530.010 & 530.040
DOF 5-2001, f. & cert. ef. 9-14-01

Or. Admin. R. 629-033-0045 Valuation of Acquisition or Exchange Parcels

(1) The value of any asset in an acquisition, including land, timber and other assets, is equal to the price a prudent purchaser would pay in accordance with accepted appraisal practices. Unless the Board of Forestry finds that unusual circumstances exist, the value received by the Department in an acquisition or exchange shall not equal less than the value of the property transferred.

(2) In assessing the value of lands to be given or acquired, the Department will conduct a biological assessment of plant and wildlife resources on the parcel(s), and a recreational resource assessment of the parcel(s) for the purpose of determining if the transaction furthers the purposes of OAR 629-033-0010 and the goals and objectives of Forest Management Plans. The assessment of biological and wildlife resources on the parcels shall be conducted by a qualified independent third party mutually agreeable to the transaction partners. The Board may consider such assessments in making its determination as to whether the proposed transaction furthers the purposes set out in 629-033-0010.

(3) Unless the State Forester determines that the Department’s land exchange program could be adversely affected by the disclosure, the Department may publish, as part of the Agenda prepared for the Board prior to a regularly-scheduled meeting, a complete copy of the appraisal of the parcels before final approval of the transaction.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 530.010 & 530.040
DOF 5-2001, f. & cert. ef. 9-14-01

Or. Admin. R. 629-033-0050 Mineral Interests

(1) As required by OAR 141-073-0115 the relinquishment of any mineral rights required in any exchange involving state forest land parcels less than ten acres in size shall be approved by the Division of State Lands.

(2) As required by OAR 141-073-0120 the relinquishment of any mineral rights required in any exchange of mineral rights involving state forest land parcels of ten acres or more shall be approved by the State Land Board.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 530.010 & 530.040
DOF 5-2001, f. & cert. ef. 9-14-01

Or. Admin. R. 629-033-0055 Appeal of Board Approval

(1) As used in this section, "Aggrieved Party" means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character who:

(a) Is adversely affected by a Board decision to approve a land transaction as provided under 629-033-0025(4) above; and

(b) Provided timely written comments on the proposed transaction to the State Forester or the Board prior to the Board’s final approval of the transaction, explaining why the transaction fails to comply with these rules.

(2) Final approval by the Board of all land transactions shall be given at one of the Board’s regularly scheduled Public Meetings as outlined in 629-033-0025(4) above. Notice of the Request for Approval shall be published as part of the Agenda prepared for the Board prior to a regularly scheduled meeting. The Board shall not consider additional testimony or comments during a regularly scheduled meeting for land acquisition or exchange transactions on the agenda for consideration.

(3) A written request for hearing may be filed by an aggrieved party with the State Forester no later than twenty calendar days after the public meeting at which Board approval of a land transaction was given. The request shall include:

(a) A copy of the comments or testimony provided at the public hearing expressly on the party’s behalf, pertaining to the transaction; and

(b) A statement that describes how the party will be adversely affected by the transaction.

(4) Once a written request for a hearing has been made under subsection (3) of this section, the State Forester will postpone execution of any deeds that would consummate the transaction until issuance of a final order.

(5) Requests for hearing which meet the requirements of this rule shall be heard in proceedings conducted as contested case hearings under ORS 183.413 to 183.470 and applicable Board rules on contested case procedures. In the event more than one party requests a hearing on a transaction, the requests shall be consolidated into a single proceeding. Issues for hearing shall be limited to those raised by the party in the timely filed comments at the public hearing. The hearing officer shall issue a proposed order unless the Board delegates authority to issue a final order to the hearing officer. Appeals of final orders under this section shall be as provided in ORS 183.482.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 530.010 & 530.040
DOF 5-2001, f. & cert. ef. 9-14-01

Division 34 LOG SCALING AGREEMENTS AND SCALING FACILITY REQUIREMENTS

Or. Admin. R. 629-034-0005 Definitions

As used in OAR 629-034-0005 to 629-034-0015, unless the context requires otherwise:

(1) “Agreement” means a memorandum of understanding, signed by the Forester and TPSO which describes the terms and conditions for TPSO scaling of state log loads.

(2) “Forester” means the State Forester or an authorized representative.

(3) “Log Load” means a group of logs that is transported as a unit. When multiple log loads are transported simultaneously, each will maintain its integrity for accountability.

(4) “Scaling” means the process of measuring and assigning net and gross volumes and grades to logs.

(5) “Scaling Facility” means an area and related improvements that are designed and constructed to allow easy access to log loads for scaling.

(6) “State” means the Oregon State Department of Forestry.

(7) “Third Party Scaling Organization” (TPSO) means an independent business that measures net and gross log volume and assigns grade by the rules adopted by the Northwest Log Rules Advisory Group.

History

Statutory/Other Authority: ORS 530
Statutes/Other Implemented: ORS 530.010 & 530.050
FB 7-1988, f. & cert. ef. 9-9-88

Or. Admin. R. 629-034-0010 Purpose

The purpose of this rule is to:

(1) Require a TPSO to enter into an agreement with the State before the TPSO is authorized to scale log loads sold under state timber sale contracts;

(2) Outline scaling facility requirements which will promote consistent, accurate scaling of state log loads; and

(3) Protect the interest of the people of Oregon.

History

Statutory/Other Authority: ORS 530
Statutes/Other Implemented: ORS 530.010, 530.020 & 530.050
FB 7-1988, f. & cert. ef. 9-9-88

Or. Admin. R. 629-034-0015 Third Party Scaling Agreement and Scaling Facility Requirements

(1) All state logs sold on a scale recovery basis shall be scaled only at approved locations by an authorized TPSO.

(2) In order to be authorized, a TPSO must enter into an agreement, on a form provided by the state, which specifies the manner and conditions under which state logs sold on a scale recovery basis shall be scaled.

(3) The TPSO must scale the logs at a facility which, in the Forester’s opinion, meets the following requirements:

(a) The facility has a separate office space for the exclusive use of TPSO scalers and which provides adequate storage and security for state log load information;

(b) The facility provides safe and unobstructed access to the loads being scaled;

(c) The facility has a communication link which provides scalers immediate contact to the local state forestry office; and

(d) The facility provides protection of log and load accountability system.

History

Statutory/Other Authority: ORS 530
Statutes/Other Implemented: ORS 530.010-065 & 530.050
FB 7-1988, f. & cert. ef. 9-9-88

Division 35 MANAGEMENT OF STATE FOREST LANDS

Or. Admin. R. 629-035-0000 Definitions

(1) “Active management” means applying practices, over time and across the landscape, to achieve site-specific forest resource goals using an integrated and science-based approach that promotes the compatibility of most forest uses and resources over time and across the landscape.

(2) “Adaptive management” means the process of implementing plans in a scientifically based, systematically structured approach that tests and monitors assumptions and predictions in management plans and uses the resulting information to improve the plans or management practices used to implement them.

(3) “Biological diversity” means the genetic variation and the abundance and variety of microbial, plant, and animal life, the range of ecological functions, and the physical processes at any local or landscape scale.

(4) “Board” means the Oregon Board of Forestry.

(5) “Compatible” or “compatibility” means capable of existing or operating together in harmony.

(6) “District” means a defined geographic area that is an administrative unit of the Department, within which a District Forester manages the Department’s programs.

(7) “Forest conditions” means stand types, structures, and landscape patterns.

(8) “Forest lands” means lands acquired under ORS 530.010 to 530.040.

(9) “Forest resources” includes, but is not limited to:

(a) Timber production and harvest;

(b) Salmonid, and other native fish and wildlife habitats;

(d) Forage and browse for domestic livestock;

(e) Landscape effect;

(f) Protection against flood and erosion;

(g) Recreation;

(h) Mining;

(i) Use of water resources; and

(j) Administrative sites.

(10) “Forest tree species” means trees ecologically suited to the site.

(11) “Integrated Management” means bringing together knowledge of various disciplines (forestry, fisheries, wildlife, water) to understand and promote land management actions that consider effects and benefits to all.

(12) “Landscape” means a broad geographic area that may cover many acres and more than one ownership, and may include a watershed, or sub-watershed areas.

(13) “Native” means indigenous to Oregon, not introduced.

(14) “Planning area” means the appropriate management district, or districts, or other specified geographic area determined by the State Forester.

(15) “Wildlife” means fish, wild birds, amphibians, reptiles, wild mammals, and other indigenous animal organisms.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 530.010 - 530.050
DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98

Or. Admin. R. 629-035-0010 Findings and Principles Concerning Lands Acquired under ORS Chapter 530

(1) ORS Chapter 530 authorizes the Board of Forestry to acquire forest lands which by reason of their location, topographical, geological, or physical characteristics are chiefly valuable for:

(a) Production of forest crops;

(b) Watershed protection and development;

(d) Grazing;

(e) Recreation;

(f) Forest administrative purposes.

(2) These lands must be managed to achieve the greatest permanent value to the state.

(3) For purposes of achieving the greatest permanent value of these forest lands to the state, the Board may direct the State Forester to:

(a) Protect these forest lands from fire, disease, and insect pests, sell forest products from these forest lands, and execute mining leases and contracts as provided for in ORS 273.551; and

(b) Permit the use of these forest lands for other purposes, when such uses are not detrimental to the best interest of the state. These other purposes include, but are not limited to:

(A) Forage and browse for domestic livestock;

(B) Fish and wildlife environment;

(D) Protection against floods and erosion;

(E) Recreation;

(F) Protection of water supplies.

(4) The counties in which these forest lands are located have a protected and recognizable interest in receiving revenues from these forest lands; however, the Board and the State Forester are not required to manage these forest lands to maximize revenues, exclude all non-revenue producing uses on these forest lands, or to produce revenue from every acre of these forest lands.

(5) Based on existing Board principles and policies and current scientific and silvicultural information, the Board finds that uses for purposes set forth in subsections (3)(a) and (b) of this section are compatible over time and across the landscape when the lands are actively managed in an environmentally and silviculturally exemplary manner, as set forth in OAR 629-035-0030, using management practices that:

(a) Pursue compatibility of forest uses over time;

(b) Integrate and achieve a variety of forest resource management goals;

(c) Achieve, over time, site-specific goals for forest resources, using the process as set forth in OAR 629-035-0030 through 629-035-0070;

(d) Consider landscape context;

(e) Are based on the best science available; and

(f) Incorporate an adaptive management approach that applies new management practices and techniques as new scientific information and results of monitoring become available.

(6) Based on existing Board principles and policies and current scientific and silvicultural information, the Board finds that forest lands that are actively managed as provided in subsection (5) of this section can produce economic value over the long term and promote healthy, sustainable forest ecosystems that:

(a) Produce timber and revenues for the state, counties, and local taxing districts;

(b) Result in a high probability of maintaining and restoring properly functioning aquatic habitats for salmonids, and other native fish and aquatic life;

(d) Protect soil, air, and water; and

(e) Provide outdoor recreational opportunities.

(7) Based on subsections (5) and (6) of this section, the Board finds that actively managing forest lands for the purposes described in subsections (3)(a) and (b) of this section is in the best interest of the state.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 530.010 - 530.050
DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98

Or. Admin. R. 629-035-0020 Greatest Permanent Value

(1) As provided in ORS 530.050, “greatest permanent value” means healthy, productive, and sustainable forest ecosystems that over time and across the landscape provide a full range of social, economic, and environmental benefits to the people of Oregon. These benefits include, but are not limited to:

(a) Sustainable and predictable production of forest products that generate revenues for the benefit of the state, counties, and local taxing districts;

(b) Properly functioning aquatic habitats for salmonids, and other native fish and aquatic life;

(d) Productive soil, and clean air and water;

(e) Protection against floods and erosion; and

(f) Recreation.

(2) To secure the greatest permanent value of these lands to the state, the State Forester shall maintain these lands as forest lands and actively manage them in a sound environmental manner to provide sustainable timber harvest and revenues to the state, counties, and local taxing districts. This management focus is not exclusive of other forest resources, but must be pursued within a broader management context that:

(a) Results in a high probability of maintaining and restoring properly functioning aquatic habitats for salmonids, and other native fish and aquatic life;

(b) Protects, maintains, and enhances native wildlife habitats;

(d) Provides outdoor recreation opportunities.

(3) Management practices must:

(a) Pursue compatibility of forest uses over time;

(b) Integrate and achieve a variety of forest resource management goals;

(c) Achieve, over time, site-specific goals for forest resources, using the process as set forth in OAR 629-035-0030 through 629-035-0070;

(d) Consider the landscape context;

(e) Be based on the best science available; and

(f) Incorporate an adaptive management approach that applies new management practices and techniques as new scientific information and results of monitoring become available.

(4) The State Forester shall manage forest lands as provided in this section by developing and implementing management plans for a given planning area as provided in OAR 629-035-0030 to 629-035-0100.

(5) The Board shall review 629-035-0020(2) (management focus) no less than every ten years in light of current social, economic, scientific, and silvicultural considerations.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 530.010 - 530.050
DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98

Or. Admin. R. 629-035-0030 Forest Management Planning

(1) In managing forest lands as provided in OAR 629-035-0020, the State Forester shall develop Forest Management Plans, based on the best available science, that establish the general management framework for the planning area of forest land. The Board may review, modify, or terminate a plan at any time; however the Board shall review the plans no less than every ten years. The State Forester shall develop implementation and operations plans for forest management plans that describe smaller-scale, more specific management activities within the planning area.

(2) Forest Management Plans must contain the following elements:

(a) Guiding principles, that include legal mandates and Board of Forestry policies. Taken together, these principles shall guide development of the management plan.

(b) Description and assessment of the resources on state forest lands within the planning area and consideration of the surrounding ownership in order to provide a landscape context. The description and assessment includes general statements of the current conditions of each of the resources, and the laws, policies, and programs that affect the resources and their management.

(c) Forest resource management goals, which are statements of what the State Forester intends to achieve for each forest resource within the planning area consistent with OAR 629-035-0020.

(d) Management strategies, which describe how the State Forester will manage the forest resources in the planning area to achieve the goals articulated in the plan. The strategies shall identify management techniques the State Forester may use to achieve the goals of the plan during the implementation phase of the plan.

(e) General guidelines for asset management, which provide overall direction on investments, marketing, and expenses.

(f) General guidelines for implementation, monitoring, research, and adaptive management. The guidelines shall describe:

(A) The process for implementing Forest Management Plans;

(B) The approach for determining whether the strategies are meeting the goals of the Forest Management Plans; and

(3) The State Forester shall be guided by the following stewardship principles in developing and implementing Forest Management Plans:

(a) The plans shall include strategies that provide for actively managing forest land in the planning area.

(b) The plans shall include strategies that:

(A) Contribute to biological diversity of forest stand types and structures at the landscape level and over time:

(i) through application of silvicultural techniques that provide a variety of forest conditions and resources; and

(ii) through conserving and maintaining genetic diversity of forest tree species.

(B) Manage forest conditions to result in a high probability of maintaining and restoring properly functioning aquatic habitats for salmonids, and other native fish and aquatic life, and protecting, maintaining, and enhancing native wildlife habitats, recognizing that forests are dynamic and that the quantity and quality of habitats for species will change geographically and over time.

(i) managing forest insects and diseases through an integrated pest management approach; and

(ii) utilizing appropriate genetic sources of forest tree seed and tree species in regeneration programs.

(D) Maintain or enhance long-term forest soil productivity.

(E) Comply with all applicable provisions of ORS 496.171 to 496.192 and 16 USC § 1531 to 1543 (1982 & supp 1997) concerning state and federally listed threatened and endangered species.

(A) Producing sustainable levels of timber consistent with protecting, maintaining, and enhancing other forest resources.

(B) Applying management practices to enhance timber yield and value, while contributing to the development of a diversity of habitats for maintaining salmonids and other native fish and wildlife species.

(d) The plans shall include strategies that utilize the best scientific information available to guide forest resource management actions and decisions by:

(A) Using monitoring and research to generate and utilize new information as it becomes available.

(B) Employing an adaptive management approach to ensure that the best available knowledge is acquired and used efficiently and effectively in forest resource management programs.

(4) The Board shall review and may revise the forest management plan developed by the State Forester to ensure that it is consistent with OAR 629-035-0020.

(5) The Board’s approval of the plan represents its determination that activities carried out or allowed by the State Forester under subsection (6) of this section meet the obligation to secure the greatest permanent value to the state as defined in OAR 629-035-0020.

(6) Once the management plan is approved by the Board as provided in subsection (5) of this section:

(a) The Board shall adopt the plan as an administrative rule.

(b) The State Forester shall implement the plan through more specific, small scale or time limited plans that are consistent with the Forest Management Plan.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 530.010 - 530.050
DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98

Or. Admin. R. 629-035-0040 Forest Land Base Designation

(1) Following the process described in subsection (2) of this section, all forest land shall be designated either as:

(a) Silviculturally capable of growing forest tree species, as defined by the Forest Practices Reforestation Suitability Standards as established by the Oregon Forest Practices Act (Silviculturally Capable); or

(b) Not capable of such growth (Non-Silviculturally Capable).

(2) Each district with forest land management responsibility shall identify Silviculturally Capable and Non-Silviculturally Capable lands in the district and display the designations on a map. The district shall forward the designations and map to the State Forester for approval. If approved by the State Forester, the State Forester shall forward the recommended designations to the Board for approval or modification. The Board shall adopt forest land base designations as an administrative rule.

(3) Designations of forest land under this section shall be reviewed by the appropriate district and, if necessary, updated prior to the completion of management plans for any planning area.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 530.010 - 530.050
DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98

Or. Admin. R. 629-035-0045 Forest Land Base Designation Maps

The forest land designation maps required by OAR 629-035-0040 are a set of maps entitled “Land Base Designation Map (OAR 629-035-0040)” consisting of nine consecutively numbered sheets and bearing the date of adoption by the Board. The maps are maintained by the State Forester at the Oregon Department of Forestry’s headquarters in Salem, Oregon.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 530.050
DOF 1-1999, f. & cert. ef. 5-13-99

Or. Admin. R. 629-035-0050 Forest Land Management Classifications

(1) For purposes of implementing the plan’s forest resource management strategies, the State Forester shall classify all forest lands within the planning area. The classifications must describe:

(a) The types of management that the Department will apply to particular areas of the land base;

(b) The appropriate range of management activities for these areas; and

(2) The District Forester shall recommend to the State Forester land management classifications determined under subsection (1) of this section for each district. The recommended classifications shall be shown on maps.

(3) In classifying lands under this section:

(a) The State Forester may harvest forest tree species at some level on any Silviculturally Capable lands, regardless of classification, unless a legal or contractual obligation on the land prevents such management or unless the district determines under subsection (4) of this section that other management is more consistent with the direction of OAR 629-035-0020.

(b) No land designated as Silviculturally Capable land shall be managed for a single use unless required by law or contract or the District Forester determines under subsection (4) of this section that a single use for a particular parcel or parcels of Silviculturally Capable land is more consistent with the direction of OAR 629-035-0020.

(4) In determining whether to restrict or prohibit timber harvest on Silviculturally Capable lands or to allow a single use on Silviculturally Capable lands, the District Forester shall consider:

(a) Effects on other forest resources. In making this determination, the district shall consider, but is not limited to, the following:

(A) Risk to other forest resources;

(B) Sensitivity of forest resources;

(D) Ability of forest resources to recover;

(E) Contribution to meeting planning goals;

(F) Intensity of the management practice;

(G) Type of forest resources involved.

(b) Public safety or other potential liability to the state;

(d) Legal constraints.

(5) Before sending the recommended classifications to the State Forester, the District Forester shall offer a 90-day public comment period on the recommendations. All public comments shall be forwarded to the State Forester, along with the District Forester’s classification recommendations.

(6) The State Forester shall approve, modify, or deny the District Forester’s recommendations. If the State Forester modifies the recommendations, the State Forester or District Forester shall prepare a new map showing the modified land management classifications for the district. If the State Forester denies the recommendations, the District Forester shall prepare new recommendations according to the provisions of subsections (1) to (5) of this section.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 530.010 - 530.050
DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98

Or. Admin. R. 629-035-0055 Forest Land Management Classification System

(1) The State Forester's classification of forest lands, required by OAR 629-035-0050, shall be accomplished pursuant to this section.

(2) Land Classifications. All forest lands subject to this rule shall be classified into one of the following four classifications: General Stewardship, Focused Stewardship, Special Use, or High Value Conservation Areas. These classifications apply to lands designated as Silviculturally Capable and Non-Silviculturally Capable.

(3) Distinguishing Characteristics. All forest lands will be classified according to the following distinguishing characteristics. In addition, forest lands will be further classified into subclasses when they are classified as Focused Stewardship, Special Use, or High Value Conservation Areas.

(a) General Stewardship lands include all those whose forest resources are managed using integrated management practices in a manner which is intended to accomplish forest management planning goals, and are compatible over time and across the landscape when actively managed.

(b) Focused Stewardship lands include all those whose forest resources are managed using integrated management practices in a manner which is intended to accomplish forest management planning goals, and are compatible over time and across the landscape when actively managed, but for which a forest management plan, habitat conservation plan, or other legal requirement identifies a requirement for one or more of the following for a specific resource: supplemental planning, before conducting management practices, that helps to achieve identified goals for the specific resource; modified management practices that help achieve the identified goals for the specific resource; or, compliance with legal or contractual requirements above those required on lands classified as General Stewardship.

(A) In addition, other lands may be classified as Focused Stewardship where more specific, small scale, or time-limited plans developed by the State Forester to implement forest management plans call for supplemental planning and/or modified management practices to help achieve the identified goals for a specific resource.

(B) These lands will be further classified into one of the following subclasses:

(i) Agriculture, Grazing or Wildlife Forage — lands where agricultural crops, domestic livestock grazing values, or wildlife forage values exist and are the focus of the supplemental planning, modified management practices, or legal requirements described above.

(ii) Aquatic and Riparian Habitat — lands where aquatic and riparian habitat exists and where the habitat is the focus of the supplemental planning, modified management practices, or legal requirements described above.

(iii) Cultural Resources — lands where cultural resources exist and where those resources are the focus of the supplemental planning, modified management practices, or legal requirements described above.

(iv) Deeds — lands where deed requirements are a focus of the integrated management of a variety of forest resources.

(v) Domestic Water Use — lands where individuals or communities have water rights, where surface water is being used for domestic water use and where the State Forester determines water quality and/or quantity is a focus of the integrated management of a variety of forest resources. For the purposes of this section, "domestic water use" means the use of water for human consumption and other household human use.

(vi) Easements — lands where contractual obligations are a focus of the integrated management of a variety of forest resources.

(vii) Energy and Minerals — lands where commercial quantities of energy or minerals exist, commercial extraction is occurring or likely to occur, and where those resources are the focus of the supplemental planning, modified management practices, or legal requirements described above.

(viii) Plants — lands where a specific plant species or a community of plants exist and where those resources are the focus of the supplemental planning, modified management practices, or legal requirements described above.

(ix) Recreation — lands that receive moderate or high levels of dispersed recreational use and where recreation management is the focus of the supplemental planning, modified management practices, or legal requirements described above.

(x) Research/Monitoring — lands that are part of a research or monitoring project and where the design of the project requires supplemental planning or modified management practices.

(xi) Transmission — lands used for the transmission of energy, materials, data, video, and/or voice and where the transmission is a focus of the integrated management of a variety of forest resources.

(xii) Visual — lands which have been identified as having high or moderate visual sensitivity according to criteria in a forest management plan and where those visual resources are the focus of the supplemental planning, modified management practices, or legal requirements described above.

(xiii) Wildlife Habitat — lands where wildlife habitat for a specific species or group of species exists and where that habitat is the focus of the supplemental planning, modified management practices, or legal requirements described above.

(c) Special Use areas are those lands for which a forest management plan, habitat conservation plan, or other legal requirement identifies one or more of the following: a legal or contractual constraint dominates the management of the lands and precludes the integrated management of all forest resources; lands are committed to a specific use and management activities are limited to those that are compatible with the specific use.

(A) In addition, other lands may be classified as Special Use areas, where more specific, small-scale, or time-limited plans developed by the State Forester to implement forest management plans call for a level of protection or a specific use that precludes the integrated management of all forest resources.

(B) These lands will be further classified into the following subclasses:

(i) Administrative Sites — lands where administrative requirements restrict the integrated management of forest resources. These lands include but are not limited to building sites, rock stockpile sites, log storage/sorting sites, and demonstration areas.

(ii) Agriculture, Grazing, or Wildlife Forage — lands where agricultural crops, domestic stock grazing, or wildlife forage values exist in a quantity or quality that restricts the integrated management of forest resources.

(iii) County or Local Comprehensive Plans — lands identified in county or local comprehensive plans where the integrated management of forest resources is restricted. Counties or local governments must take an exception to statewide land use planning Goal 4 for these lands.

(iv) Cultural Resources — lands where cultural resources exist in a quantity or quality that restricts the integrated management of forest resources.

(v) Deeds — lands where deed requirements restrict the integrated management of forest resources.

(vi) Domestic Water Use — lands where individuals or communities have water rights, where surface water is being used for domestic water use and where the State Forester determines the need to protect water quality or quantity restricts the integrated management of forest resources. For the purposes of this section, "domestic water use" means the use of water for human consumption and other household human use.

(vii) Easements — lands where contractual obligations restrict the integrated management of forest resources.

(viii) Energy and Minerals — lands where commercial quantities of energy or minerals exist, extraction is occurring or likely to occur, and where the extraction restricts the integrated management of forest resources.

(ix) Operationally Limited — lands where current technology or engineering techniques are considered by the State Forester to be inadequate to reasonably ensure that integrated management practices would not cause significant long-term adverse effects. The State Forester may limit, restrict, or prohibit management activities in these areas as needed to protect forest resources or to accomplish the management goals for surrounding areas.

(x) Recreation — lands devoted to concentrated, formal recreation, or public education that restricts the integrated management of forest resources. These lands include but are not limited to campgrounds, forest parks, waysides, rest areas, and interpretive centers.

(xi) Research/Monitoring — lands that are part of a research or monitoring project and the design of the project restricts the integrated management of forest resources.

(xii) Transmission — lands dedicated to the transmission of energy, materials, data, video and/or voice and where integrated management of forest resources is restricted. These lands include but are not limited to power lines, pipelines, and communication sites.

(xiii) Visual — lands subject to laws or regulations related to visual qualities or lands where the management practices needed to meet visual management objectives dominate over the integrated management of forest resources.

(d) High Value Conservation Areas are lands for which a forest management plan, habitat conservation plan, or other legal requirement identifies areas in the landscape which need to be appropriately managed in order to maintain, enhance, or restore important conservation values and one or more of the following: a legal or contractual constraint dominates the management of the lands and directs the management of forest resources; lands are committed to a specific conservation value and management activities are limited to those that are compatible with achieving goals for the specific conservation value.

(A) In addition, other lands may be classified as High Value Conservation Areas, where more specific, small-scale, or time-limited plans developed by the State Forester to implement forest management plans call for a level of resource protection that directs the management of forest resources.

(B) These lands will be further classified into the following subclasses:

(i) Aquatic and Riparian Habitat — lands where aquatic or riparian habitat exists and where a legal requirement or the need to protect the habitat directs management of forest resources.

(ii) Unique, Threatened or Endangered Plants — lands where a specific plant species or a community of plants exist and where a legal requirement or the need to protect the plant(s) directs management of forest resources.

(iii) Wildlife Habitat — lands where a legal requirement or the need to maintain, protect, or enhance a wildlife habitat directs management of forest resources.

(4) Types of Management.

(a) General Stewardship lands shall be actively managed, in compliance with OAR 629-035-0020, to provide healthy, productive, and sustainable forest ecosystems that over time and across the landscape provide a full range of social, economic, and environmental benefits to the people of Oregon. Lands within this classification which are designated as Silviculturally Capable will be actively managed to meet the requirements of 629-035-0020(2). Lands within this classification which are designated as Non-Silviculturally Capable are not managed for sustainable timber harvest and revenues, but are managed to be consistent with the remaining management direction provided by 629-035-0020(2). All management practices shall be consistent with the direction provided by 629-035-0020(3).

(b) Focused Stewardship lands shall be managed in the manner provided for General Stewardship lands in the preceding subparagraph. However, because one or more specific forest resources on these lands require a heightened or focused awareness, supplemental planning and/or modified management practices may be required to achieve the goals of forest management plans, habitat conservation plans or legal requirements. Management practices may be modified to emphasize the protection and management of identified forest resources, but the practices will be consistent with the direction provided by OAR 629-035-0020(3) and will avoid long-term adverse impacts to the specified resources.

(c) Special Use areas shall be managed for a specific forest use. Integrated management is conducted on these lands to the extent possible without interfering with the management of the specific forest use. Management practices will be modified to emphasize the protection and management of identified forest uses and will avoid long-term adverse impacts to the specified resources.

(d) High Value Conservation Areas shall be managed for a specific conservation value. Forest management may be conducted to the extent that forest management activities promote the conservation values and are consistent with applicable legal requirements and will avoid long-term adverse impacts to the specified conservation value.

(5) Range of Management Activities.

(a) On lands classified for General Stewardship, all management activities that meet or exceed the requirements of applicable state and federal laws, habitat conservation plans and forest management plans are allowed.

(b) On lands classified for Focused Stewardship, all management activities that meet or exceed the requirements of applicable state and federal laws, habitat conservation plans and forest management plans are allowed. However, management activities may require supplemental planning and/or modified practices to achieve the goals identified in the forest management plans for the specific forest resources. Management of the specific forest resources may have minor effects on the management of other forest resources, but will not preclude the integrated management of forest resources.

(c) On lands classified for Special Use or High Value Conservation Areas, management activities that protect, maintain, enhance, or restore the specific forest uses or conservation values, or are necessary to comply with the legal requirements, are allowed. Management of other forest resources on these lands must have no significant long-term adverse effect on the specific forest use or conservation value which required the classification.

(6) Resources Addressed.

(a) The General Stewardship classification will provide for management of all resources included in Forest Management Plans. All resources may not be treated equally on every acre, but across the landscape the resources will be managed to meet the goals identified in the Forest Management Plans.

(b) The Focused Stewardship classification will provide for management of all resources included in Forest Management Plans. Lands having forest resources described in a subclass designation will be assigned to that subclass. The subclass designation will be used to identify the specific forest resources that, with supplemental planning and/or modified management practices, can be managed in an integrated approach with other forest resources. All resources may not be treated equally on every acre, but across the landscape the resources are managed to meet the goals identified in the Forest Management Plans.

(c) The Special Use and High Value Conservation Area classifications address all forest resources included in the Forest Management Plan that meet the distinguishing characteristics of these classifications. Lands having forest resources described in a subclass designation will be assigned to that subclass. The subclass designation will be used to identify the specific forest resources or uses that are the emphasis of the management of these lands.

(7) Forest Land Management Classification Considerations. The following considerations apply to Forest Land Management Classifications:

(a) Prescriptions are not part of Forest Land Management Classifications. Prescriptions will be based upon goals and strategies in a forest management plan, statutory, or contractual requirements, and site-specific conditions.

(b) The identification and mapping of streams, wetlands, and the associated Aquatic and Riparian Habitat subclasses will be based upon criteria in Forest Management Plans and habitat conservation plans and will be accomplished using existing information or map-based estimates. The information will be updated through watershed assessments, planning for site-specific management activities or site-specific field visits conducted over time. The updated information will be used to determine any changes that may be needed to the classification of aquatic and riparian habitat.

(c) Land management classifications will be applied to broad geographic areas. Normally, areas smaller than five acres will not be classified, but will be included as part of an adjacent classification. Areas smaller than five acres will only be classified where specific information exists and the classification will be meaningful for making decisions on management activities.

(d) The boundary lines shown on maps for forest land management classifications are approximate locations. Exact locations of boundary lines will be determined on the site and will depend upon the conditions that exist on the site. Management activities will be conducted based upon boundaries determined on site rather than boundaries shown on maps.

(e) More than one classification or subclass may be assigned to a parcel of land. Where this occurs, the resource requiring the highest level of protection will determine the management approach. For example, if a Focused Stewardship resource and a High Value Conservation Area resource exist on the same parcel, then the High Value Conservation Area resource will be given the emphasis in the management of the resources. If multiple resources exist on a parcel and they are all within the same classification i.e. Focused Stewardship or High Value Conservation Area, the management approach will seek to achieve the goals for all of the identified resources to the maximum extent practicable.

(f) For the purposes of protecting threatened and endangered species and certain specific sites used by threatened and endangered species, locations of specific sites, such as nest trees and roosting trees, will not be displayed on classification maps. Broader geographic areas within which the sites exist will be displayed. The appropriate size of the area to be displayed may vary with the specific site.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 530.050
DOF 1-2013, f. 6-14-13, cert. ef. 7-1-13
DOF 1-1999, f. & cert. ef. 5-13-99

Or. Admin. R. 629-035-0060 Changes to Forest Land Management Classifications

The State Forester may make changes to the district land management classification maps as follows:

(1) Minor changes. The District Forester may recommend minor changes to the Area Director for approval. The District Forester may offer a 30-day public comment period prior to making any recommendations and shall forward any public comments with the recommendations to the Area Director for approval.

(2) Major changes. The District Forester may recommend major changes to the Area Director for review and the State Forester for approval. Prior to seeking approval, the district shall offer a 30-day public comment period on the proposed changes. Any public comments received shall be submitted to the State Forester with the request for approval.

(3) As used in this section:

(a) “Minor change” means:

(A) Any change in Land Management Classification that affects 160 acres or less, and involves land classification within, but not across, the Land Base Designation classes of Silviculturally Capable or Non-Silviculturally Capable; or

(B) Any change that affects ten acres or less involving land classification changes across the Land Base Designation classes of Silviculturally Capable or Non-Silviculturally Capable, and the District Forester determines this change is not likely to substantially affect the management of forest resources.

(b) “Major change” means any change not defined as minor. Minor changes within a district that cumulatively exceed 500 acres within one year shall be deemed a major change.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 530.010 - 530.050
DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98

Or. Admin. R. 629-035-0070 Forest Land Exchanges and Acquisitions

(1) The District Forester shall recommend an amendment to the district land designations and management classifications of state-owned forest lands under OAR 629-035-0040 to 629-035-0050 when lands are added to or removed from the district land base.

(2) The District Forester shall provide a 30-day public comment period on the proposed amendments.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 530.010 - 530.050
DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98

Or. Admin. R. 629-035-0080 Public Involvement

(1) The goals for public involvement in forest land planning are:

(a) To seek insight, opinions, and data on planned management actions on state-owned forest lands.

(b) To build understanding, acceptance, and support for the forest resource management planning processes and decisions.

(d) To provide the public with meaningful opportunities to comment and affect planning decisions at a time when public involvement can contribute positively to the planning decisions under consideration.

(2) Opportunities for public involvement shall be appropriate to the planning decision under consideration and shall include one or more of the following: general public access to decisions, a public comment period, a Board meeting, public meeting, public hearing, or focused technical review.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 530.010 - 530.050
DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98

Or. Admin. R. 629-035-0090 Consultation with Forest Trust Land Advisory Committee

As provided in ORS 526.156(3), the Forest Trust Land Advisory Committee shall advise the Board and the State Forester on the management of lands subject to the provisions of 530.010 to 530.170, and on other matters in which counties may have a responsibility pertaining to forest land. The Board and the State Forester shall consult with the committee with regard to such matters.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 526.156(3)
DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98

Or. Admin. R. 629-035-0100 Existing Long Range Plans

(1) The Board considers long range plans approved by the Board prior to the effective date of these rules to be consistent with OAR 629-035-0010 to 629-035-0090 and directs the State Forester to manage the forest lands covered by the plans according to those plans until the plan is modified or a new plan is adopted. Any modification of existing plans or any new plan shall be adopted in accordance with the provisions of 629-035-0010 to 629-035-0090.

(2) Initial forest land base designations and management classifications developed pursuant to OAR 629-035-0040 through 629-035-0055 must be submitted to the State Forester for approval within one year of the adoption of an amended or new Forest Management Plan.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 530.010 - 530.050
DOF 4-2001, f. 4-26-01, cert. ef. 7-11-01
DOF 1-2001(Temp), f. & cert. ef. 1-12-01 thru 7-10-01
DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98

Or. Admin. R. 629-035-0105 Adopted Forest Management Plan Documents

(1) The following forest management plan documents have been adopted and incorporated by reference into this division:

(a) Northwest Oregon State Forests Management Plan, Revised Plan, April 2010;

(b) Southwest Oregon State Forest Management Plan, Revised Plan, April 2010; and

(2) The forest management plan documents which have been incorporated by reference into this division are maintained by the State Forester at the Oregon Department of Forestry’s headquarters in Salem, Oregon.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 530.050
DOF 3-2011, f. 12-7-11, cert. ef. 1-1-12
DOF 2-2010, f. & cert.ef. 6-22-10
DOF 2-2001, f. & cert. ef. 1-19-01

Or. Admin. R. 629-035-0110 Management of Common School Fund Lands

Common School Fund Lands managed by the State Forester under an agreement with the State Land Board shall be managed consistent with OAR 629-035-0030 through 629-035-0100 if the Agreement or the State Land Board so directs.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 530.490 - 530.500
DOF 2-1998, f. 1-15-98, cert. ef. 3-1-98

Division 41 PROTECTION ADMINISTRATION

Or. Admin. R. 629-041-0005 Definitions

(1) The definitions set forth in ORS 477.001 apply to OAR chapter 629, divisions 041 through 046, unless the context otherwise requires.

(2) The following words and phrases, when used in OAR chapter 629, divisions 041 through 043, are defined as follows, unless the context otherwise requires:

(a) "All-terrain vehicle" means a Class I all-terrain vehicle, as defined in ORS 801.190.

(b) "Block" means a pulley or system of pulleys set in a casing which guides a moving line.

(c) "Budget" means the budgeted cost of the Forester for a forest protection district, which cost has been determined under the authority and procedures of ORS 477.205 to 477.281;

(d) "Close down requirements" means the machinery operation restrictions specified by the forester in the Industrial Fire Precaution Level (IFPL) system.

(e) "Good operating condition" means fully ready for intended use, maintained in accordance with any manufacturer's recommendations and, where appropriate, properly installed and free of leaks.

(f) "Fully turbo-charged" means all exhaust gases pass through a turbine wheel which is turning at all times and where there is no exhaust bypass to the atmosphere.

(g) "Heavy truck" means a truck which has a gross vehicle weight rating of 26,001 pounds or more.

(h) "Immediate use" means:

(A) In good operating condition;

(B) Requires the addition of no components, fuel, oil, parts or water to be made operational; and

(i) “Improved road” means a road maintained for the use of motor vehicles and that is sufficiently clear of flammable material to prevent the spread of wildfire to adjacent vegetation.

(j) "Landing" means any designated place where logs are laid after being yarded, and are awaiting subsequent handling, loading and hauling.

(k) "Light truck" means a truck which has a gross vehicle weight rating of 26,000 pounds or less.

(l) "Mobile equipment" means any power driven machinery that moves about under its own power in an operation area, but not including motor vehicles or stationary equipment as defined below;

(m) "Motor vehicle" means any vehicle that is self-propelled and which was built to transport persons or property primarily on improved roads, including buses, cars, recreational vehicles and trucks, except motorcycles and all-terrain vehicles;

(n) "Motorcycle" has the same meaning as defined by ORS 801.365.

(o) "Moving lines" means mainlines and haulback lines used in a cable logging operation.

(p) "Muffler" means an exhaust system device in good operating condition which is designed to reduce noise emission and which contains an internal baffle system.

(q) "Nationally recognized testing laboratory" has the same meaning as defined by OAR 437-002-0005 and 29 CFR 1910.7.

(r) "Power driven machinery" means any machinery, powered by or containing an internal combustion engine, used to conduct an operation.

(s) "Power saw" means a hand held saw powered by an internal combustion engine.

(t) "Prior approval" means written approval of the forester given for a specific plan before the operation begins, with the exception that verbal permission may be granted followed by immediate written confirmation where timing is critical.

(u) "Snag" means a tree which is dead but still standing, and that has lost its leaves or needles and its small limbs.

(v) "Spark arrester" means an exhaust system device which traps or pulverizes exhaust carbon particles to a size below 0.023 inches in diameter before they are expelled from an exhaust system. Mufflers are not spark arresters.

(w) "Stationary equipment" means any power driven machinery, except power saws, which is has, or will be, operated exclusively at one location in an operation area for a period of more than two days.

(x) "Truck" means a motor vehicle designed primarily for carrying loads other than passengers.

(y) "Written order" means a prior written approval or written requirement, from the forester, for a specified practice.

History

Statutory/Other Authority: ORS 526.016 & 526.041
Statutes/Other Implemented: ORS 477
DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 9-1998, f. & cert. ef. 6-3-98
FB 7-1986, f. & ef. 9-25-86
FB 18, f. & ef. 3-22-68
FB 17, f. & ef. 3-12-68

Or. Admin. R. 629-041-0010 Actual Cost Formulas

(1) In the event that a fire burns over forest land which includes both grazing land and timberland, the actual cost for grazing land and timberland shall be determined in accordance with the following formulas:

(a) Ratio of fire fighting costs applicable to grazing land:

C(g) = (G-D) x A1

(T-E) x A2 + (G-D) x A1

(b) Ratio of fire fighting costs applicable to timberland: C(t) = 1.00 - C(g);

(2) In order to reveal the nature and meaning of the symbols used in the above formulas, such have the following meaning:

(a) A1 = Number of acres of grazing land burned by fire;

(b) A2 = Number of acres of timberland burned by fire;

(d) D = Established deductible rate per acre to be applied to eligible firefighting expense on grazing land;

(e) E = Established deductible rate per acre to be applied to eligible firefighting expense on timberland;

(f) G = Budget rate per acre for grazing land;

(g) T = Budget rate per acre for timberland;

(h) C(g) = Ratio of total cost applicable to grazing lands;

(i) C(t) = Ratio of total cost applicable to timberland.

(3) The above formulas are based upon budget rates established pursuant to ORS 477.205 to 477.291, in particular 477.230 and 477.285, in which the Forester is required to determine actual costs in suppressing fire on grazing land and timberland.

History

Statutory/Other Authority: ORS 183 & 526
Statutes/Other Implemented: ORS 477.205 - 477.29
FB 7-1986, f. & ef. 9-25-86
FB 6, f. 5-9-60

Or. Admin. R. 629-041-0020 Cost Limitations

The annual cost of fire protection provided by the Forester for forest land within any forest protection district, as designated in ORS 477.230 and 477.285, shall not include any of the following:

(1) That part of any salary or wage which is in excess of an amount paid for comparable positions in the State of Oregon civil service classification, and for purposes of determining a salary or wage lodging and utilities furnished without charge to the employee will be included therein; the expense for oil, gas, electricity, or other fuel used for heating a residence occupied by a regular employee.

(2) Any capital outlay purchases not provided for in the budget; Oregon forest fire association dues and expenses incurred in attending functions and activities of Oregon Forest Protection Association; memberships in service clubs or like organizations; subscriptions to trade journals or magazines; insurance premiums covering liability of forest protective association members; and automobile collision insurance less than $100 deductible, if the fire protection district maintains a full-time automotive shop.

(3) In no event secretarial and clerical services of any kind, when such services are in addition to salaries and wages paid for such services, with exception only for fees charged for the annual audit of the forest protection district books and accounts.

(4) Fire prevention or other services for certain landowners, when such services are not equally available to all other landowners within the forest protection district; provided, however, such services are within the purposes of ORS 477.205 to 477.291.

(5) Any activity or expenditures not directly contributing to the prevention and suppression of fire on forest land in the forest protection district involved.

(6) It is the purpose of the above-cited limitations and restrictions to set forth examples. The list of limitations and restrictions is not fully complete, but will act as a guide and standard for the administrator in determining the cost of forest protection for forest lands within a fire protection district.

History

Statutory/Other Authority: ORS 183 & 526
Statutes/Other Implemented: ORS 477.230 - 477.291
FB 6, f. 5-9-60

Or. Admin. R. 629-041-0035 Appeals and Hearings Before the State Board of Forestry

(1) Any request of an owner of grazing land or timberland to appeal a forest protection district budget to the State Board of Forestry under ORS 477.260(1) must be made in writing, to the State Forester, and must be received within 30 days after the date of the public budget meeting for the forest protection district.

(2) In the written appeal in section (1) of this rule, the owner must specifically state the issues with the proposed forest protection district budget and the remedy sought.

(3) Upon receipt of a written appeal of a proposed forest protection district budget, the forester shall:

(a) Inform the owner/appellant of the time and place the board will discuss and decide final approval of the district protection budget, pursuant to ORS 477.265;

(b) Ensure all written materials provided by the owner/appellant are distributed to board members for their consideration;

(c) Inform the owner/appellant whether there will be an opportunity for further oral or written comment to the board before its decision; and

(d) Inform the president of the appropriate forest protective association and the chair of the appropriate advisory budget committee appointed under ORS 477.240 about the budget appeal, the time and place the board will discuss and decide final approval of the district protection budget, and whether there will be an opportunity for further oral or written comment to the board before its decision.

(4) A written request by an owner of grazing land or timberland subject to ORS 477.205 to 477.281 for a hearing before the State Board of Forestry under 477.260(2) must be received by the State Forester within 30 days of the date of a written notice, including but not limited to notice of proposed assessment for forest protection under 477.250(2), to which the person wants to comment or within 30 days of the date of an activity of the forester or board affecting the land.

(5) Upon receipt of a written request for hearing under section (4) of this rule, the forester shall:

(a) Contact the owner to schedule a time and place that the forester and owner may further review the matter, if the owner so desires;

(b) In the event the matter is not satisfactorily resolved, in the judgment of the owner, through the informal review in subsection (a) of this section, the forester shall:

(A) Prepare a report for the board describing the issue and proposing final resolution of the matter; and

(B) Inform the owner of the time and place the board will meet to discuss the matter, and the opportunity for the owner to provide input.

(6) Any final resolution by the board of the matter raised under section (4) of this rule shall be prepared as a final order, and any further appeal of the board’s final action shall be as prescribed by ORS 183.484.

(7) Notwithstanding sections (5) and (6) of this rule, the forester may determine that a request for hearing under section (4) of this rule constitutes a contested case under ORS Chapter 183. In that event, a contested case hearing process will be followed and OAR 629-001-0005 to 629-001-0055 shall apply.

(8) Any other matters of forestland fire protection of a more general nature may be addressed to the board at any time the board schedules public comment at any of its meetings, in the manner and time prescribed by the chairperson of the board.

History

Statutory/Other Authority: ORS 183 & 526
Statutes/Other Implemented: ORS 477.260 & 477.291
DOF 2-2011, f. 3-14-11, cert. ef. 3-15-11
DOF 1-2011(Temp), f. & cert. ef. 1-7-11 thru 7-5-11
DOF 8-1998, f. & cert. ef. 6-3-98

Or. Admin. R. 629-041-0100 Procedures for Contracts, Agreements and Renewals

(1) Pursuant to ORS 477.406(2), all agreements entered into by the forester or by a forest protective association, with each other, with a federal or state agency, political subdivision, corporation, responsible organization or responsible landowner or group of landowners for the prevention, mitigation, and suppression of fire shall be negotiated in accordance with the requirements and limitations of ORS 477.406 to 477.412 and this rule.

(2) All negotiations for contracts or agreements pursuant to section (1) of this rule shall be:

(a) Limited to matters provided in ORS 477.406(1).

(b) Conducted by representatives authorized to act on behalf of their organization, where applicable, and that are knowledgeable in wildland fire protection systems or a relevant specialty addressed in the contract or agreement.

(c) Conducted in good faith with the intention of maintaining a complete and coordinated forest protection system for the State of Oregon that is effective in carrying out the policies of ORS Chapter 477 and is economically efficient.

(3) Upon completion of negotiations and agreement by the parties, the contract or agreement will be timely reviewed (though not necessarily prior to its effective date) for adherence to the requirements of relevant statutes and rules according to the following:

(a) The Board shall review any base level contract or agreement between the forester and a forest protective association.

(b) The State Forester or designated representative shall review:

(A) Any contract or agreement that is supplemental to an existing base level agreement between the forester and a forest protective association; or

(B) Any contract or agreement with any other governmental agency or cooperator that affects areas outside a forest protection district or more than one forest protection district.

(c) The district warden or designated representative shall review any contract or agreement with any other governmental agency or cooperator that affects lands only within the warden's jurisdiction.

(d) Notwithstanding this section, any other applicable provision of law requiring a different standard of review or approval shall still apply.

(4) Notwithstanding section (3) of this rule, the Board may, at any time it is aware that a contract or agreement is to be negotiated under this rule, require the contract or agreement to be approved by the Board before its becoming effective.

(5) Any contract or agreement negotiated in accordance with this rule shall include a provision allowing the timely and prospective correction of deficiencies that may be found as a result of the review required in section (3) of this rule, or termination of the contract or agreement.

(6) The State Forester may advertise to solicit bids or proposals for agreements or contracts with corporations, responsible organizations, responsible landowners or groups of landowners for the prevention, mitigation, and suppression of fire on forestland or on land other than forestland, or both. With the exception of judicial review procedures, the procedures specified in OAR chapter 137, divisions 046 and 047 (2008), including protest procedures, apply to solicitations for agreements or contracts with corporations, responsible organizations, responsible landowners, or groups of landowners for the prevention, mitigation, and suppression of fire on forestland or on land other than forestland, or both, but not to agreements or contracts with federal or state agencies, political subdivisions, or forest protective associations. Judicial review of a decision by the State Forester regarding a solicitation specified in this rule is governed by the Oregon Administrative Procedures Act, ORS Chapter 183. This section applies to solicitations issued on or after February 1, 2009. The amendments to this section shall become effective on September 21, 2009.

History

Statutory/Other Authority: ORS 526.016(4) & 526.041
Statutes/Other Implemented: ORS 477.406
DOF 1-2026, amend filed 01/09/2026, effective 01/12/2026
DOF 4-2009, f. 8-19-09 cert. ef. 9-21-09
DOF 2-2009(Temp), f. & cert. ef. 3-25-09 thru 9-20-09
DOF 3-2001, f. 3-14-01, cert. ef. 3-15-01

Or. Admin. R. 629-041-0200 Confidentiality and Inadmissibility of Mediation Communications

Pursuant to ORS 36.224, the Department of Forestry adopts by reference OAR 137-005-0052 as promulgated by the Attorney General effective as of November 13, 2018.

History

Statutory/Other Authority: ORS 526.016 & ORS 526.041
Statutes/Other Implemented: ORS 36.220-36.238 & ORS 183.341
DOF 15-2024, amend filed 01/05/2024, effective 01/05/2024
DOF 16-2023, temporary amend filed 07/12/2023, effective 07/12/2023 through 01/07/2024
DOF 3-2005, f. & cert. ef. 1-7-05
DOF 7-2004(Temp), f. 9-10-04, cert. ef. 9-15-04 thru 3-13-05

Or. Admin. R. 629-041-0500 Purpose

The purpose of OAR 629-041-0500 to 629-041-0575 is to set forth the boundaries of Forest Protection Districts, pursuant to ORS 477.225, and thereby identify the lands to which the applicable duties, requirements and penalties of ORS Chapter 477 and 526 shall apply.

History

Statutory/Other Authority: ORS 477.225
Statutes/Other Implemented: ORS 477.225
DOF 10-1998, f. & cert. ef. 8-13-98

Or. Admin. R. 629-041-0505 Definitions

(1) The definitions set forth in ORS 477.001 and OAR 629-041-0005 shall apply to 629-041-0500 to 629-041-0575, unless the context otherwise requires.

(2) The following words and phrases, when used in OAR 629-041-0500 to 629-041-0575, shall mean the following, unless the context otherwise requires:

(a) "Channel" means the water course through which a stream flows at ordinary low flow.

(b) "Line of ordinary high water" means the line on the bank or shore to which the high water level of a body of water ordinarily rises annually in season.

(c) "Line of ordinary low water" means the line on the bank or shore to which the low water level of a body of water ordinarily recedes annually in season.

(d) "Ocean shore" means the land lying between extreme low tide of the Pacific Ocean and the line of vegetation as established and described by ORS 390.770.

(e) The words "east," "north," "south" and "west" mean a straight line in or close to the cardinal direction indicated and which is along lines of the cadastral survey of public lands.

(f) The words "easterly," "northerly," "southerly" and "westerly", and modifications thereof, mean a straight and/or a curved line in the general direction indicated and which is along an identified feature.

History

Statutory/Other Authority: ORS 477.225
Statutes/Other Implemented: ORS 477.225
DOF 10-1998, f. & cert. ef. 8-13-98

Or. Admin. R. 629-041-0510 Administration

(1) Pursuant to ORS 477.225, district boundaries may be changed only after a public hearing. A public hearing conducted for the purposes of amending OAR 629-041-0500 to 629-041-0575 shall be deemed to be the hearing required by ORS 477.225.

(2) District boundaries set forth in OAR 629-041-0500 to 629-041-0575:

(a) Lie within the area surveyed from the Willamette Baseline and the Willamette Meridian.

(b) Define the exterior boundary of the district.

(3) Unless otherwise stated, all lines described in OAR 629-041-0500 to 629-041-0575 which are along an identified boundary or a special survey line are as those boundaries or special survey lines existed on the date they were incorporated into the rule. Examples include county boundaries and the McQuinn Line which defines a portion of the boundary of the Warm Springs Indian Reservation.

(4) Where the words "east," "north," "south" and "west" are used in OAR 629-041-0500 to 629-041-0575 to describe a straight line, such lines shall be meant to include deviations created by section corners which do not exactly match or other similar situations.

(5) If the name or identification of a feature used in OAR 629-041-0500 to 629-041-0575 is changed, the description of the district boundary shall remain valid.

History

Statutory/Other Authority: ORS 477.225
Statutes/Other Implemented: ORS 477.225
DOF 10-1998, f. & cert. ef. 8-13-98

Or. Admin. R. 629-041-0515 Central Oregon Forest Protection District Boundary

The area within the Central Oregon Forest Protection District is contained within the boundaries of five units described in subsections (1), (2), (3), (4), and (5) of this rule.

(1) The boundary of the Baldy Unit of the Central Oregon Forest Protection District is as follows: Beginning at the northwest corner of section 8, township 10 south, range 23 east, Wheeler County; thence east to the northwest corner of section 10, township 10 south, range 23 east, Wheeler County; thence north to the northwest corner of the southwest quarter of section 27, township 9 south, range 23 east, Wheeler County; thence east to the northwest corner of the southwest quarter of section 26, township 9 south, range 23 east, Wheeler County; thence north to the northwest corner of section 26, township 9 south, range 23 east, Wheeler County; thence east to the northeast corner of section 25, township 9 south, range 23 east, Wheeler County; thence south to the northeast corner of section 1, township 10 south, range 23 east, Wheeler County; thence east to the northwest corner of section 4, township 10 south, range 24 east, Wheeler County; thence north to the northwest corner of section 33, township 9 south, range 24 east, Wheeler County; thence east to the northeast corner of section 34, township 9 south, range 24 east, Wheeler County; thence south to the northeast corner of section 3, township 10 south, range 24 east, Wheeler County; thence east to the northeast corner of section 3, township 10 south, range 25 east, Wheeler County; thence south to the northeast corner of section 27, township 10 south, range 25 east, Wheeler County; thence east to the northeast corner of section 26, township 10 south, range 25 east, Wheeler County; thence south to the southeast corner of section 23, township 11 south, range 25 east, Wheeler County; thence west to the southeast corner of section 22, township 11 south, range 25 east, Wheeler County; thence south to the southeast corner of section 27, township 11 south, range 25 east, Wheeler County; thence west to the southwest corner of section 29, township 11 south, range 25 east, Wheeler County; thence north to the southwest corner of section 20, township 11 south, range 25 east, Wheeler County; thence west to the southwest corner of section 23, township 11 south, range 24 east, Wheeler County; thence north to the southwest corner of section 14, township 11 south, range 24 east, Wheeler County; thence west to the southwest corner of section 15, township 11 south, range 24 east, Wheeler County; thence north to the southwest corner of section 34, township 10 south, range 24 east, Wheeler County; thence west to the southeast corner of section 31, township 10 south, range 24 east, Wheeler County; thence south to the southeast corner of section 6, township 11 south, range 24 east, Wheeler County; thence west to the southeast corner of the southwest quarter of section 6, township 11 south, range 24 east, Wheeler County; thence south to the southeast corner of the southwest quarter of section 7, township 11 south, range 24 east, Wheeler County; thence west to the southeast corner of section 12, township 11 south, range 23 east, Wheeler County; thence south to the southeast corner of section 13, township 11 south, range 23 east, Wheeler County; thence west to the southeast corner of the southwest quarter of section 13, township 11 south, range 23 east, Wheeler County; thence south to the southeast corner of the northwest quarter of section 24, township 11 south, range 23 east, Wheeler County; thence west to the southeast corner of the northeast quarter of section 23, township 11 south, range 23 east, Wheeler County; thence south to the southeast corner of section 23, township 11 south, range 23 east, Wheeler County; thence west to the southeast corner of section 22, township 11 south, range 23 east, Wheeler County; thence south to the southeast corner of section 34, township 11 south, range 23 east, Wheeler County; thence west to the southwest corner of section 36, township 11 south, range 22 east, Wheeler County; thence north to the southwest corner of section 24, township 11 south, range 22 east, Wheeler County; thence west to the southwest corner of section 23, township 11 south, range 22 east, Wheeler County; thence north to the northwest corner of the southwest quarter of the southwest quarter of section 11, township 11 south, range 22 east, Wheeler County; thence east to the northwest corner of the southwest quarter of the southwest quarter of section 12, township 11 south, range 22 east, Wheeler County; thence north to the northwest corner of section 1, township 11 south, range 22 east, Wheeler County; thence east to the northwest corner of section 6, township 11 south, range 23 east, Wheeler County; thence north to the northwest corner of section 31, township 10 south, range 23 east, Wheeler County; thence east to the northwest corner of section 32, township 10 south, range 23 east, Wheeler County; thence north to the point of beginning.

(2) The boundary of the Deschutes Unit of the Central Oregon Forest Protection District is as follows: Beginning at the point where the common boundary of Jefferson County and Linn County, as set forth in ORS 201.160 and 201.220, intersect with the southern boundary of the Warm Springs Indian Reservation, in or near section 5, township 11 south, range 8 east, Jefferson County; thence southerly and easterly on the southern boundary of the Warm Springs Indian Reservation to center of the main channel of Jefferson Creek, in or near section 4, township 11 south, range 8 east, Jefferson County; thence easterly and southerly on the center of the main channel of Jefferson Creek to the center line of the Metolius River, in or near section 35, township 11 south, range 9 east, Jefferson County; thence northerly, southerly and easterly on the center of the main channel of the Metolius River to the line of ordinary high water, at an elevation of approximately 1,945 feet, of the Metolius Arm of Lake Billy Chinook in or near section 18, township 11 south, range 11 east, Jefferson County; thence easterly on the southern line of ordinary high water, at an elevation of approximately 1,945 feet, of the Metolius Arm of Lake Billy Chinook to the western line of ordinary high water, at an elevation of approximately 1,945 feet, of the Deschutes River arm of Lake Billy Chinook in section 27, township 11 south, range 12 east, Jefferson County; thence southerly on the western line of ordinary high water, at an elevation of approximately 1,945 feet, of the Deschutes River Arm of Lake Billy Chinook to the center of the main channel of the Deschutes River in or near section 29, township 12 south, range 12 east, Jefferson County; thence southerly on the center of the main channel of Deschutes River to the center of the main channel of Whychus Creek in or near section 7, township 13 south, range 12 east, Jefferson County; thence southwesterly on the center of the main channel of Whychus Creek to the common boundary of Deschutes County and Jefferson County, as set forth in ORS 201.090 and 201.160, in or near section 34, township 13 south, range 11 east, Jefferson county; thence easterly on the common boundary of Deschutes County and Jefferson County, as set forth in ORS 201.090 and 201.160, to the centerline of United States Forest Service road 6360 in or near section 2, township 14 south, range 11 east, Deschutes County; thence southerly on the centerline of United States Forest Service road 6360 to the centerline of Holmes Road in or near section 11, township 14 south range 11 east, Deschutes County; thence southwesterly on the centerline of Holmes Road to the centerline of Edmundson Road in or near section 32, township 14 south, range 11 east, Deschutes County; thence west on the centerline of Edmundson Road to the centerline of Goodrich Road in or near section 31, township 14 south, range 11 east, Deschutes County; thence south on the centerline of Goodrich Road to the centerline of Oregon Highway 126 in or near section 6, township 15 south, range 11 east, Deschutes County; thence westerly on the centerline of Oregon highway 126 to the centerline of Cloverdale Road in or near section 12, township 15 south, range 10 east, Deschutes County; thence southerly on the centerline of Cloverdale Road to the centerline of Oregon Highway 20 in or near section 25 township 15 south, range 10 east, Deschutes County; thence southeasterly on the centerline of highway 20 to the centerline of Gist Road in or near section 25, township 15 south, range 10 east, Deschutes county; thence southerly on the centerline of Gist Road to the centerline of Plainview Road in or near section 36, township 15 south, range 10 east, Deschutes County; thence easterly on the centerline of Plainview Road to the centerline of Sisemore Road in or near section 31, township 15 south, range 11 east, Deschutes County; thence southeasterly on the centerline of Sisemore Road to the centerline of Couch Market Road in or near section 29, township 16 south, range 11 east, Deschutes County; thence easterly on the centerline of Couch Market Road to the centerline of Collins Road in or near section 28, township 16 south, range 11 east, Deschutes County; thence southerly on the centerline of Collins Road to the centerline of Tumalo Reservoir Road in or near section 33, township 16 south, range 11 east, Deschutes County; thence easterly on the centerline of Tumalo Reservoir Road to the centerline line of Tyler Road in or near section 2 township 17 south, range 11 east, Deschutes County; thence southerly and easterly on the centerline of Tyler Road to the centerline Johnson Road in or near section 11, township 17 south, range 11 east, Deschutes County; thence easterly and northeasterly on the centerline of Johnson Road to the northeast corner of section 12, township 17 south, range 11 east, Deschutes County; thence south to the centerline of NW Skyline Ranch Road in or near section 13, township 17 south, range 11 east, Deschutes County; thence South to the centerline of NW Skyline Ranch Road in or near section 13, township 17 south, range 11 east, Deschutes County; thence southwesterly on the center line of NW Skyline Ranch Road to the centerline of NW Shevlin Park Road in or near section 25, township 17 south, range 11 east, Deschutes county; thence Northwesterly on the centerline of NW Shevlin Park Road to the centerline of NW Skyline Ranch Road in or near section 25, township 17 south, range 11 east, Deschutes County; thence southwesterly on the centerline of NW Skyline Ranch Road to the common line between section 25 and section 26, township 17 south, range 11 east, Deschutes County; thence south to the centerline of Skyliner Road in or near section 35, township 17 south, range 11 east, Deschutes County; thence southerly on the centerline of NW Skyline Ranch Road to the point it becomes SW Skyline Ranch Road in or near section 12, township 18 south, range 11 east, Deschutes County; thence southerly on the centerline of SW Skyline Ranch Road to the centerline of Oregon Highway 372 in or near Section 12, township 18 south, range 11 east, Deschutes County; thence southwesterly on the centerline of Oregon highway 372 to the common line between section 13 and section 14, township 18 south, range 11 east, Deschutes County; thence south to the southeast corner of section 14, township 18 south, range 11 east, Deschutes County; thence east to the northeast corner of section 19, township 18 south, range 12 east, Deschutes County; thence southeasterly to the centerline of China Hat Road in or near the northwest corner of section 20, township 18 south, range 12 east, Deschutes County; thence southeasterly on the centerline of China Hat Road to the centerline of Knott Road in or near section 20, township 18 south, range 12 east, Deschutes County; thence easterly on the centerline of Knott Road to the centerline of Rickard Road in or near section 14, township 18 south, range 12 east, Deschutes County; thence easterly on the centerline of Rickard Road to the centerline of Arnold Market Road in or near section 23, township 18 south, range 12 east, Deschutes County; thence south and east and south and east on the centerline of Arnold Market Road to the centerline Gosney Road in or near section 29, township 18 south, range 13 east, Deschutes County; thence east to the northeast corner of section 29, township 18 south, range 13 east, Deschutes County; thence south to northwest corner of section 4, township 19 south, range 13 east, Deschutes County; thence east to the northeast corner of the northwest quarter of section 4, township 19 south, range 13 east, Deschutes County; thence south to the northeast corner of the southwest quarter of section 4, township 19 south, range 13 east, Deschutes County; thence east to the northeast corner of the southeast quarter of section 4, township 19 south, range 13 east, Deschutes County; thence south to the northeast corner of section 9, township 19 south, range 13 east, Deschutes County; thence east to the northeast corner of the northwest quarter of section 10, township 19 south, range 13 east, Deschutes County; thence south to the northeast corner of the southwest quarter of section 10, township 19 south, range 13 east, Deschutes County; thence east to the northeast corner of the southeast quarter of section 10, township 19 south, range 13 east, Deschutes County; thence south to the northeast corner of the southeast quarter of section 15, township 19 south, range 13 east, Deschutes County; thence east to the northeast corner of the southwest quarter of section 14, township 19 south, range 13 east, Deschutes County; thence south to the northeast corner of the northwest quarter of section 23, township 19 south, range 13 east, Deschutes County; thence east to the northeast corner of section 23, township 19 south, range 13 east, Deschutes County; thence south to the northeast corner of the southeast corner of section 23, township 19 south, range 13 east, Deschutes County; thence east to the northeast corner of the southwest quarter of section 24, township 19 south, range 13 east, Deschutes County; thence south to the northeast corner of the southwest quarter of section 25, township 19 south, range 13 east, Deschutes County; thence east to the northeast corner of the southwest quarter of section 30, township 19 south, range 14 east, Deschutes County; thence south to the northeast corner of the northwest quarter of section 6, township 20 south, range 14 east, Deschutes County; thence east to the northeast corner of section 6, township 20 south, range 14 east, Deschutes County; thence south to the northeast corner of section 7, township 20 south, range 14 east, Deschutes County; thence east to the northeast corner of the northwest quarter of section 8, township 20 south, range 14 east, Deschutes County; thence south to the northeast corner of the northwest quarter of section 17, township 20 south, range 14 east, Deschutes County; thence east to the northeast corner of the northwest quarter of section 16, township 20 south, range 14 east, Deschutes County; thence south to the northeast corner of the southwest quarter of section 16, township 20 south, range 14 east, Deschutes County; thence east to the northeast corner of the southeast quarter of section 14, township 20 south, range 14 east, Deschutes County; thence south to the northeast corner of section 21, township 20 south, range 14 east, Deschutes County; thence east to the northeast corner of the northwest quarter of section 22, township 20 south, range 14 east, Deschutes County; thence south to the northeast corner of the northwest quarter of section 27, township 20 south, range 14 east, Deschutes County; thence east to the northwest corner of section 30, township 20 south, range 15 east, Deschutes County; thence north to the northwest corner of section 19, township 20 south, range 15 east, Deschutes County; thence east to the northeast corner of section 24, township 20 south, range 15 east, Deschutes County; thence south to the southeast corner of the northeast quarter of section 25, township 20 south, range 15 east, Deschutes County; thence west to the southeast corner of the northwest quarter of section 26, township 20 south, range 15 east, Deschutes County; thence south to the southeast corner of the southwest quarter of section 26, township 20 south, range 15 east, Deschutes County; thence west to the southeast corner of section 27, township 20 south, range 15 east, Deschutes County; thence south to the southeast corner of the southwest quarter of the southwest quarter of section 3, township 21 south, range 15 east, Deschutes County; thence west to the southeast corner of section 4, township 21 south, range 15 east, Deschutes County; thence south to the northeast corner of section 16, township 21 south, range 15 east, Deschutes County; thence east to the northeast corner of section 13, township 21 south, range 15 east, Deschutes County; thence south to the northeast corner of section 24, township 21 south, range 15 east, Deschutes County; thence east to the northwest corner of section 20, township 21 south, range 16 east, Deschutes County; thence north to the northwest corner of the southwest quarter of section 17, township 21 south, range 16 east, Deschutes County; thence east to the northwest corner of the southwest quarter of section 16, township 21 south, range 16 east, Deschutes County; thence north to the northwest corner of section 16, township 21 south, range 16 east, Deschutes County; thence east to the northeast corner of section 16, township 21 south, range 16 east, Deschutes County; thence south to the southeast corner of the northeast quarter of the northeast quarter of section 28, township 21 south, range 16 east, Deschutes County; thence east to the northeast corner of the southwest quarter of the northwest quarter of section 27, township 21 south, range 16 east, Deschutes County; thence south to the northeast corner of the northwest quarter of the southeast quarter of section 34, township 21 south, range 16 east, Deschutes County; thence east to the northeast corner of the southwest quarter of section 34, township 21 south, range 16 east, Deschutes County; thence south to the northeast corner of the southwest quarter of section 3, township 22 south, range 16 east, Deschutes County; thence east to the northeast corner of the southeast quarter of section 3, township 22 south, range 16 east, Deschutes County; thence south to the southeast corner of the southeast quarter of section 3, township 22 south, range 16 east, Deschutes County; thence west to the southeast corner of the southwest quarter of section 3, township 22 south, range 16 east, Deschutes County; thence south to the southeast corner of the northwest quarter of section 10, township 22 south, range 16 east, Deschutes County; thence west to the southeast corner of the northeast quarter of section 9, township 22 south, range 16 east, Deschutes County; thence south to the northeast corner of the southeast quarter of section 21, township 22 south, range 16 east, Deschutes County; thence east to the northeast corner of the southwest quarter of section 22, township 22 south, range 16 east, Deschutes County; thence south to the northeast corner of the northwest quarter of section 27, township 22 south, range 16 east, Deschutes County; thence east to the northeast corner of section 26, township 22 south, range 16 east, Deschutes County; thence south to the southeast corner of the northeast quarter of the northeast quarter of section 2, township 23 south, range 16 east, Lake County; thence west to the southeast corner of the northwest quarter of the northeast quarter of section 2, township 23 south, range 16 east, Lake County; south to the southeast corner of the southwest quarter of the northeast quarter of section 2, township 23 south, range 16 east, Lake County; thence west to the southeast corner of the northwest quarter of section 2, township 16 south, range 23 east, Lake County; thence south to the southeast corner of the northeast quarter of the southwest quarter of section 2, township 23 south, range 16 east, Lake County; thence west to the southeast corner of the northwest quarter of the southwest quarter of section 2, township 23 south, range 16 east, Lake County; thence south to the southeast corner of the southwest quarter of the southwest quarter of section 2, township 23 south, range 16 east, Lake County; thence west to the southeast corner of section 3, township 23 south, range 16 east, Lake County; thence south to the southeast corner of section 22, township 23 south, range 16 east, Lake County; thence west to the southeast corner of section 21, township 23 south, range 16 east, Lake County; thence south to the southeast corner of section 33, township 23 south, range 16 east, Lake County; thence west to the southwest corner of section 35, township 23 south, range 15 east, Lake County; thence north to the southwest corner of section 26, township 23 south, range 15 east, Lake County; thence west to the southeast corner of the southwest quarter of the southeast quarter of section 28, township 23 south, range 15 east, Lake County; thence south to the southeast corner of the northwest quarter of the southeast quarter of section 33, township 23 south, range 15 east, Lake County; thence west to the southeast corner of the northeast quarter of the southeast quarter of section 35, township 23 south, range 14 east, Lake County; thence south to the southeast corner of section 35, township 23 south, range 14 east, Lake County; thence west to the southeast corner of the southwest quarter of section 35, township 23 south, range 14 east, Lake County; thence south to the southeast corner of the southwest quarter of section 2, township 24 south, range 14 east, Lake County; thence west to the southeast corner of section 3, township 24 south, range 15 east, Lake County; thence south to the southeast corner of the northeast quarter of section 10, township 24 south, range 14 east, Lake County; thence west to the southeast corner of the northeast quarter of section 9, township 24 south, range 14 east, Lake County; thence south to the southeast corner of section 9, township 24 south, range 14 east, Lake County; thence west to the southeast corner of the southwest quarter of section 9, township 24 south, range 14 east, Lake County; thence south to the southeast corner of the northwest quarter of section 16, township 24 south, range 16 east, Lake County; thence west to the southeast corner of the northeast quarter of section 17, township 24 south, range 14 east, Lake County; thence south to the southeast corner of section 17, township 24 south, range 14 east, Lake County; thence west to the southeast corner of section 18, township 24 south, range 14 east, Lake County; thence south to the southeast corner of section 19, township 24 south, range 14 east, Lake County; thence west to the southeast corner of section 24, township 24 south, range 13 east, Lake County; thence south to the southeast corner of section 25, township 24 south, range 13 east, Lake County; thence west to the southeast corner of the southwest quarter of the southeast quarter of section 26, township 24 south, range 13 east, Lake County; thence south to the southeast corner of the southwest quarter of the northeast quarter of section 35, township 24 south, range 13 east, Lake County; thence west to the southeast corner of the northwest quarter of section 35, township 24 south, range 13 east, Lake County; thence south to the southeast corner of the northeast quarter of the southwest quarter of section 35, township 24 south, range 13 east, Lake County; thence west to the southeast corner of the northeast quarter of the southeast quarter of section 34, township 24 south, range 13 east, Lake County; thence south to the southeast corner of section 34, township 24 south, range 13 east, Lake County; thence west to the southeast corner of section 33, township 24 south, range 13 east, Lake County; thence south to the southeast corner of section 4, township 25 south, range 13 east, Lake County; thence west to the southeast corner of the southwest quarter of section 4, township 25 south, range 13 east, Lake County; thence south to the southeast corner of the southwest quarter of section 9, township 25 south, range 13 east, Lake County; thence west to the southwest corner of section 12, township 25 south, range 12 east, Lake County; thence north to the southwest corner of section 36, township 24 south, range 12 east, Lake County; thence west to the southwest corner of section 31, township 24 south, range 12 east, Lake County; thence northerly on the common boundary of Klamath County and Lake County, as set forth in ORS 201.180 and 201.190, to the boundary of Deschutes County, as set forth in ORS 201.090, in or near section 6, township 23 south, range 12 east, Lake County; thence westerly on the common boundary of Deschutes County and Klamath County, as set forth in ORS 201.090 and 201.180, to the boundary of Lane County, as set forth in ORS 201.200, in or near section 34, township 22 south, range 6 east, Deschutes County; thence northerly on the common boundary of Deschutes County and Lane County, as set forth in ORS 201.090 and 201.200, to the boundary of Linn County, as set forth in ORS 201.220, near McKenzie Pass, township 15 south, range 8 east, Deschutes County; thence northerly on the common boundary of Deschutes County and Linn County, as set forth in ORS 201.090 and 201.220, to the boundary of Jefferson County, as set forth in ORS 201.160, in or near section 1, township 14 south, range 7 east, Deschutes County; thence northerly on the common boundary of Jefferson County and Linn County, as set forth in ORS 201.160 and 201.220, to the point of beginning.

(3) The boundary of the John Day-Ochoco Unit of the Central Oregon Forest Protection District is as follows: Beginning at the northwest corner of section 6, township 11 south, range 16 east, Jefferson County; thence east to the common boundary of Jefferson County and Wheeler County, as set forth in ORS 201.160 and 201.350, in or near section 1, township 11 south, range 19 east, Jefferson County; thence southerly on the common boundary of Jefferson County and Wheeler County, as set forth in ORS 201.160 and 201.350, to the northwest corner of section 6, township 12 south, range 20 east, Wheeler County; thence east to the northeast corner of section 4, township 12 south, range 20 east, Wheeler County; thence south to the northeast corner of section 9, township 12 south, range 20 east, Wheeler County; thence east to the northeast corner of section 10, township 12 south, range 20 east, Wheeler County; thence south to the northeast corner of section 15, township 12 south, range 20 east, Wheeler County; thence east to the northeast corner of section 18, township 12 south, range 23 east, Wheeler County; thence south to the northeast corner of section 19, township 12 south, range 23 east, Wheeler County; thence east to the northeast corner of section 20, township 12 south, range 23 east, Wheeler County; thence south to the northeast corner of section 29, township 12 south, range 23 east, Wheeler County; thence east to the northeast corner of section 29, township 12 south, range 24 east, Wheeler County; thence south to the northeast corner of section 32, township 12 south, range 24 east, Wheeler County; thence east to the northeast corner of section 33, township 12 south, range 24 east, Wheeler County; thence south to the northeast corner of section 4, township 13 south, range 24 east, Wheeler County; thence east to the northeast corner of section 2, township 13 south, range 24 east, Wheeler County; thence south to the northeast corner of section 11, township 13 south, range 24 east, Wheeler County; thence east to the northeast corner of section 7, township 13 south, range 25 east, Wheeler County; thence south to the northeast corner of section 18, township 13 south, range 25 east, Wheeler County; thence east to the common boundary of Grant County and Wheeler County, as set forth in ORS 201.120 and 201.350, in or near section 18, township 13 south, range 26 east, Grant County; thence northerly on the common boundary of Grant County and Wheeler County, as set forth in ORS 201.120 and 201.350, to the northwest corner of section 6, township 9 south, range 26 east, Grant County; thence westerly on the common boundary of Grant County and Wheeler County, as set forth in ORS 201.120 and 201.350, to the southwest corner of section 31, township 8 south, range 26 east, Grant County; thence northerly on the common boundary of Grant County and Wheeler County, as set forth in ORS 201.120 and 201.350, to the southwest corner of section 19, township 8 south, range 26 east, Grant County; thence west to the southwest corner of section 23, township 8 south, range 25 east, Wheeler County; thence north to the southwest corner of section 11, township 8 south, range 25 east, Wheeler County; thence west to the southeast corner of section 12, township 8 south, range 24 east, Wheeler County; thence south to the southeast corner of section 13, township 8 south, range 24 east, Wheeler County; thence west to the southeast corner of the southwest quarter of section 15, township 8 south, range 23 east, Wheeler County; thence south to the southeast corner of the southwest quarter of section 22, township 8 south, range 23 east, Wheeler County; thence west to the southeast corner of section 19, township 8 south, range 23 east, Wheeler County; thence south to the southeast corner of section 30, township 8 south, range 23 east, Wheeler County; thence west to the southeast corner of section 25, township 8 south, range 22 east, Wheeler County; thence south to the southeast corner of section 36, township 8 south, range 22 east, Wheeler County; thence east to the northeast corner of section 1, township 9 south, range 22 east, Wheeler County; thence south to the southeast corner of section 1, township 9 south, range 22 east, Wheeler County; thence west to the southeast corner of section 3, township 9 south, range 22 east, Wheeler County; thence south to the southeast corner of the northeast quarter of section 15, township 9 south, range 22 east, Wheeler County; thence west to the southwest corner of the northwest quarter of section 17, township 9 south, range 22 east, Wheeler County; thence north to the northwest corner of section 5, township 9 south, range 22 east, Wheeler County; thence east to the southwest corner of section 33, township 8 south, range 22 east, Wheeler County; thence north to the southwest corner of section 28, township 8 south, range 22 east, Wheeler County; thence west to the southwest corner of section 29, township 8 south, range 22 east, Wheeler County; thence north to the southwest corner of section 20, township 8 south, range 22 east, Wheeler County; thence west to the southwest corner of section 23, township 8 south, range 21 east, Wheeler County; thence north to the southwest corner of the northwest quarter of section 23, township 8 south, range 21 east, Wheeler County; thence west to the southwest corner of the northwest quarter of section 21, township 8 south, range 21 east, Wheeler County; thence north to the northwest corner of section 9, township 8 south, range 21 east, Wheeler County; thence north to the northwest corner of section 4, township 8 south, range 21 east, Wheeler County; thence north to the northwest corner of section 21, township 7 south, range 21 east, Wheeler County; thence east to the northwest corner of section 23, township 7 south, range 21 east, Wheeler County; thence north to the northwest corner of section 11, township 7 south, range 21 east, Wheeler County; thence east to the northwest corner of section 7, township 7 south, range 22 east, Wheeler County; thence north to the southwest corner of section 30, township 6 south, range 22 east, Wheeler County; thence west to the southwest corner of section 26, township 6 south, range 21 east, Wheeler County; thence north to the northwest corner of section 26, township 6 south, range 21 east, Wheeler County; thence east to the northwest corner of section 30, township 6 south, range 22 east, Wheeler County; thence north to the northwest corner of the south half of section 19, township 6 south, range 22 east, Wheeler County; thence east to the northwest corner of the southwest quarter of section 21, township 6 south, range 22 east, Wheeler County; thence north to the northwest corner of section 21, township 6 south, range 22 east, Wheeler County; thence east to the northwest corner of section 23, township 6 south, range 22 east, Wheeler County; thence north to the northwest corner of the southwest quarter of section 14, township 6 south, range 22 east, Wheeler County; thence east to the northwest corner of the southwest quarter of section 13, township 6 south, range 22 east, Wheeler County; thence north to the northwest corner of section 1, township 6 south, range 22 east, Gilliam County; thence east to the southwest corner of section 35, township 5 south, range 23 east, Gilliam County; thence north to the northwest corner of section 35, township 5 south, range 23 east, Gilliam County; thence east to the northwest corner of section 35, township 5 south, range 24 east, Gilliam County; thence north to the northwest corner of section 26, township 5 south, range 24 east, Gilliam County; thence east to the common boundary of Gilliam County and Morrow County, as set forth in ORS 201.110 (Gilliam County) and ORS 201.250 (Morrow County), to the northeast corner of section 25, township 5 south, rage 24 east, Gilliam County; thence south on the common boundary of Gilliam County and Morrow County, as set forth in ORS 201.110 (Gilliam County) and ORS 201.250 (Morrow County), to the southeast corner of section 36, township 5 south range 24 east, Gilliam County; thence west on the common boundary of Gilliam County and Morrow County to the northeast corner of section 1, township 6, range 24 east, Gilliam County; thence south on the common boundary of Gilliam County and Morrow County as set forth in ORS 201.110 (Gilliam County) and ORS 201.250 (Morrow County), to the northeast corner of section 1 of township 7 south rage 24 east, Wheeler County, thence east on the common boundary of Wheeler County and Morrow County to the northeast corner of section 1, township 7 range 25 east, Wheeler County; thence east on the common boundary of Grant County and Morrow County as set forth in and ORS 201.250 (Morrow County) and ORS 201.120 (Grant County), to the northwest corner of lot 4, section 6, township 7 south, range 29 east, Grant County; thence south to the center of the main channel of North Fork John Day River in section 7, township 7 south, range 29 east, Grant County; thence easterly on the center of the main channel of North Fork John Day River to the common boundary of Grant County and Umatilla County, as set forth in ORS 201.120 and 201.300, in or near section 2, township 7 east, range 31 south, Grant County; thence easterly on the common boundary of Grant County and Umatilla County, as set forth in ORS 201.120 and 201.300, to the boundary of Union County, as set forth in ORS 201.310, in or near section 5, township 7 south, range 35 east, Grant County; thence easterly on the common boundary of Grant County and Union County, as set forth in ORS 201.120 and 201.310, to the boundary of Baker County, as set forth in ORS 201.010, in section 13, township 7 south, range 36 east; thence southerly on the common boundary of Baker County and Grant County, as set forth in ORS 201.010 and 201.120, to the boundary of Malheur County, as set forth in ORS 201.230, in or near section 24, township 15 south, range 36 east, Grant County; thence southerly on the common boundary of Grant County and Malheur County, as set forth in ORS 201.120 and 201.230, to the boundary of Harney County, as set forth in ORS 201.130, in or near section 36, township 17 south, range 36 east, Grant County; thence westerly on the common boundary of Grant County and Harney County, as set forth in ORS 201.120 and 201.130, to the northeast corner of section 6, township 18 south, range 36 east, Harney County; thence south to the northeast corner of section 7, township 18 south, range 36 east, Harney County; thence east to the northeast corner of the northwest quarter of section 8, township 18 south, range 36 east, Harney County; thence south to the southeast corner of the northwest quarter of section 17, township 18 south, range 36 east, Harney County; thence west to the southeast corner of the northeast quarter of section 13, township 18 south, range 35 east, Harney County; thence south to the southeast corner of section 13, township 18 south, range 35 east, Harney County; thence west to the southeast corner of the southwest quarter of section 18, township 18 south, range 35 east, Harney County; thence south to the southeast corner of the northwest quarter of section 30, township 18 south, range 35 east, Harney County; thence west to the southeast corner of the northeast quarter of section 25, township 18 south, range 34 east, Harney County; thence south to the southeast corner of the northeast quarter of section 36, township 18 south, range 34 east, Harney County; thence west to the southwest corner of the northwest quarter of section 35, township 18 south, range 34 east, Harney County; thence north to the southwest corner of section 23, township 18 south, range 34 east, Harney County; thence west to the southwest corner of section 21, township 18 south, range 34 east, Harney County; thence north to the southwest corner of section 16, township 18 south, range 34 east, Harney County; thence west to the southwest corner of section 18, township 18 south, range 34 east, Harney County; thence north to the southeast corner of section 13, township 18 south, range 33 1/2 east, Harney County; thence west to the southeast corner of section 14, township 18 south, range 33 east, Harney County; thence south to the northeast corner of section 2, township 19 south, range 33 east, Harney County; thence east to the northeast corner of section 1, township 19 south, range 33 east, Harney County; thence south to the northeast corner of section 25, township 20 south, range 33 east, Harney County; thence east to the northeast corner of section 29, township 20 south, range 33 1/2 east, Harney County; thence south to the southeast corner of section 32, township 20 south, range 33 1/2 east, Harney County; thence west to the northeast corner of section 5, township 21 south, range 33 east, Harney County; thence south to the northeast corner of section 17, township 21 south, range 33 east, Harney County; thence east to the northeast corner of section 16, township 21 south, range 33 east, Harney County; thence south to the northeast corner of section 21, township 21 south, range 33 east, Harney County; thence east to the northeast corner of section 22, township 21 south, range 33 east, Harney County; thence south to the southeast corner of section 27, township 21 south, range 33 east, Harney County; thence west to the southeast corner of section 29, township 21 south, range 33 east, Harney County; thence south to the southeast corner of the northeast quarter of section 32, township 21 south, range 33 east, Harney County; thence west to the southwest corner of the northwest quarter of section 31, township 21 south, range 33 east, Harney County; thence north to the southeast corner of section 25, township 21 south, range 32 1/2 east, Harney County; thence west to the southeast corner of the southwest quarter of section 27, township 21 south, range 32 east, Harney County; thence south to the southeast corner of the southwest quarter of section 34, township 21 south, range 32 east, Harney County; thence west to the southwest corner of section 31, township 21 south, range 32 east, Harney County; thence north to the southwest corner of section 18, township 21 south, range 32 east, Harney County; thence west to the southwest corner of section 14, township 21 south, range 31 east, Harney County; thence north to the southwest corner of the northwest quarter of section 14, township 21 south, range 31 east, Harney County; thence west to the southeast corner of the northwest quarter of section 15, township 21 south, range 31 east, Harney County; thence south to the southeast corner of the southwest quarter of section 15, township 21 south, range 31 east, Harney County; thence west to the southwest corner of the southeast quarter of the southeast quarter of section 16, township 21 south, range 31 east, Harney County; thence north to the southwest corner of the southeast quarter of the northeast quarter of section 16, township 21 south, range 31 east, Harney County; thence west to the southwest corner of the northeast quarter of section 16, township 21 south, range 31 east, Harney County; thence north to the southwest corner of the southeast quarter of section 9, township 21 south, range 31 east, Harney County; thence west to the southwest corner of section 9, township 21 south, range 31 east, Harney County; thence north to the southwest corner of section 4, township 21 south, range 31 east, Harney County; thence west to the southeast corner of section 1, township 21 south, range 30 east, Harney County; thence south to the southeast corner of the northeast quarter of section 13, township 21 south, range 30 east, Harney County; thence west to the southwest corner of the northwest quarter of section 13, township 21 south, range 30 east, Harney County; thence north to the southwest corner of section 12, township 21 south, range 30 east, Harney County; thence west to the southwest corner of the southeast quarter of the southeast quarter of section 11, township 21 south, range 30 east, Harney County; thence north to the southwest corner of the southeast quarter of the southeast quarter of section 2, township 21 south, range 30 east, Harney County; thence west to the southwest corner of section 2, township 21 south, range 30 east, Harney County; thence north to the southwest corner of northwest quarter of section 26, township 20 south, range 30 east, Harney County; thence west to the southwest corner of the northeast quarter of section 27, township 20 south, range 30 east, Harney County; thence north to the southwest corner of the southeast quarter of section 15, township 20 south, range 30 east, Harney County; thence west to the southwest corner of section 16, township 20 south, range 30 east, Harney County; thence north to the southwest corner of section 4, township 20 south, range 30 east, Harney County; thence west to the southeast corner of section 3, township 20 south, range 29 east, Harney County; thence south to the southeast corner of section 10, township 20 south, range 29 east, Harney County; thence west to the southeast corner of section 9, township 20 south, range 29 east, Harney County; thence south to the northeast corner of section 21, township 20 south, range 29 east, Harney County; thence east to the northeast corner of section 22, township 20 south, range 29 east, Harney County; thence south to the southeast corner of section 34, township 20 south, range 29 east, Harney County; thence west to the southeast corner of the southwest quarter of section 34, township 20 south, range 29 east, Harney County; thence south to the southeast corner of the northwest quarter of section 3, township 21 south, range 29 east, Harney County; thence west to the southwest corner of the northeast quarter of section 4, township 21 south, range 29 east, Harney County; thence north to the northwest corner of the northeast quarter of section 4, township 21 south, range 29 east, Harney County; thence east to the northwest corner of section 3, township 21 south, range 29 east, Harney County; thence north to the southwest corner of section 22, township 20 south, range 29 east, Harney County; thence west to the southeast corner of section 20, township 20 south, range 29 east, Harney County; thence south to the southeast corner of section 29, township 20 south, range 29 east, Harney County; thence west to the southeast corner of section 25, township 20 south, range 28 east, Harney County; thence south to the southeast corner of section 36, township 20 south, range 28 east, Harney County; thence west to the southeast corner of section 35, township 20 south, range 28 east, Harney County; thence south to the southeast corner of the northeast quarter of the northeast quarter of section 11, township 21 south, range 28 east, Harney County; thence east to the northeast corner of the southeast quarter of the northwest quarter of section 12, township 21 south, range 28 east, Harney County; thence south to the northeast corner of the southwest quarter of section 25, township 21 south, range 28 east, Harney County; thence east to the northeast corner of the southeast quarter of section 25, township 21 south, range 28 east, Harney County; thence south to the northeast corner of section 1, township 22 south, range 28 east, Harney County; thence east to the northeast corner of the northwest quarter of section 6, township 22 south, range 29 east, Harney County; thence south to the northeast corner of the northwest quarter of section 7, township 22 south, range 29 east, Harney County; thence east to the northeast corner of section 9, township 22 south, range 29 east, Harney County; thence south to the southeast corner of northeast quarter of section 21, township 22 south, range 29 east, Harney County; thence west to the southeast corner of the northeast quarter of section 20, township 22 south, range 29 east, Harney County; thence south to the southeast corner of section 32, township 22 south, range 29 east, Harney County; thence west to the southeast corner of the southwest quarter of section 36, township 22 south, range 28 east, Harney County; thence south to the southeast corner of the southwest quarter of section 1, township 23 south, range 28 east, Harney County; thence west to the southeast corner of section 2, township 23 south, range 28 east, Harney County; thence south to the southeast corner of section 11, township 23 south, range 28 east, Harney County; thence west to the southwest corner of section 11, township 23 south, range 28 east, Harney County; thence north to the southwest corner of section 2, township 23 south, range 28 east, Harney County; thence west to the southwest corner of section 5, township 23 south, range 28 east, Harney County; thence north to the southwest corner of section 17, township 22 south, range 28 east, Harney County; thence west to the southwest corner of section 15, township 22 south, range 26 east, Harney County; thence north to the northwest corner of the southwest quarter of section 10, township 22 south, range 26 east, Harney County; thence east to the northwest corner of the southwest quarter of section 11, township 22 south, range 26 east, Harney County; thence north to the northwest corner of section 2, township 22 south, range 26 east, Harney County; thence east to the northwest corner of the northeast quarter of section 2, township 22 south, range 26 east, Harney County; thence north to the northwest corner of the northeast quarter of section 35, township 21 south, range 26 east, Harney County; thence east to the northwest corner of section 31, township 21 south, range 27 east, Harney County; thence north to the northwest corner of section 19, township 21 south, range 27 east, Harney County; thence east to the northwest corner of section 21, township 21 south, range 27 east, Harney County; thence north to the southwest corner of section 4, township 21 south, range 27 east, Harney County; thence west to the southwest corner of section 6, township 21 south, range 27 east, Harney County; thence north to the southwest corner of section 31, township 20 south, range 27 east, Harney County; thence west to the southeast corner of section 34, township 20 south, range 26 east, Harney County; thence south to the southeast corner of the northeast quarter of section 10, township 21 south, range 26 east, Harney County; thence west to the southeast corner of the northeast quarter of section 8, township 21 south, range 26 east, Harney County; thence south to the southeast corner of section 17, township 21 south, range 26 east, Harney County; thence west to the southeast corner of section 18, township 21 south, range 26 east, Harney County; thence south to the southeast corner of section 19, township 21 south, range 26 east, Harney County; thence west to the southeast corner of section 24, township 21 south, range 25 east, Harney County; thence south to the southeast corner of section 36, township 21 south, range 25 east, Harney County; thence west to the southeast corner of section 34, township 21 south, range 25 east, Harney County; thence south to the southeast corner of section 3, township 22 south, range 25 east, Harney County; thence west to the southeast corner of section 6, township 22 south, range 25 east, Harney County; thence south to the southeast corner of section 7, township 22 south, range 25 east, Harney County; thence west to the southwest corner of section 10, township 22 south, range 24 east, Harney County; thence north to the southwest corner of section 34, township 21 south, range 24 east, Crook County; thence west to the southwest corner of the southeast quarter of section 33, township 21 south, range 24 east, Crook County; thence north to the northwest corner of the northeast quarter of section 21, township 21 south, range 24 east, Crook County; thence east to the northwest corner of section 22, township 21 south, range 24 east, Crook County; thence north to the northwest corner of section 10, township 21 south, range 24 east, Crook County; thence east to the northwest corner of section 11, township 21 south, range 24 east, Crook County; thence north to the northwest corner of section 2, township 21 south, range 24 east, Crook County; thence east to the northwest corner of section 1, township 21 south, range 24 east, Crook County; thence north to the northwest corner of section 12, township 20 south, range 24 east, Crook County; thence east to the common boundary of Crook County and Harney County, as set forth in ORS 201.070 and 201.130, in or near section 7, township 20 south, range 25 east, Harney County; thence northerly on the common boundary of Crook County and Harney County, as set forth in ORS 201.070 and 201.130, to the northwest corner of section 7, township 19 south, range 25 east, Harney County; thence east to the northwest corner of section 8, township 19 south, range 25 east, Harney County; thence north to the southwest corner of section 32, township 18 south, range 25 east, Crook County; thence west to the southwest corner of the southeast quarter of section 31, township 18 south, range 25 east, Crook County; thence north to the northwest corner of the northeast quarter of section 31, township 18 south, range 25 east, Crook County; thence east to the northwest corner of section 35, township 18 south, range 25 east, Crook County; thence north to the northwest corner of section 26, township 18 south, range 25 east, Crook County; thence east to common boundary of Crook and Grant County, as set forth in ORS 201.070 and 201.120, in or near section 30, township 18 south, range 26 east, Grant County; thence northerly on the common boundary of Crook and Grant County, as set forth in ORS 201.070 and 201.120, to the southwest corner of section 31, township 16 south, range 26 east, Grant County; thence west to the southwest corner of section 35, township 16 south, range 25 east, Crook County; thence north to the southwest corner of section 2, township 16 south, range 25 east, Crook County; thence west to the southwest corner of section 5, township 16 south, range 25 east, Crook County; thence north to the northwest corner of section 5, township 16 south, range 25 east, Crook County; thence west to the northeast corner of section 2, township 16 south, range 24 east, Crook County; thence south to the southeast corner of section 11, township 16 south, range 24 east Crook County; thence west to the southwest corner of section 11, township 16 south, range 24 east, Crook County; thence north to the northwest corner of section 2, township 16 south, range 24 east, Crook County; thence west to the northeast corner of the northwest quarter of section 4, township 16 south, range 21 east, Crook County; thence south to the southeast corner of the northwest quarter of section 4, township 16 south, range 21 east, Crook County; thence west to the southeast corner of the northeast quarter section 5, township 16 south, range 21 east, Crook County; thence south to the southeast corner of section 8, township 16 south, range 21 east, Crook County; thence west to the southwest corner of section 8, township 16 south, range 20 east, Crook County; thence north to the southwest corner of section 5, township 16 south, range 20 east, Crook County; thence west to the southwest corner of section 5, township 16 south, range 18 east, Crook County; thence north to the northwest corner of section 5, township 16 south, range 18 east, Crook County; thence west to the southwest corner of section 34, township 15 south, range 17 east, Crook County; thence north to the northwest corner of section 27, township 15 south, range 17 east, Crook County; thence west to the southwest corner of section 20, township 15 south, range 17 east, Crook County; thence north to the northwest corner of the southwest quarter section of section 5, township 15 south, range 17 east, Crook County; thence east to line of ordinary high water of Ochoco Reservoir Crook County; thence easterly following the southerly line of ordinary high water of Ochoco Reservoir to the confluence of Ochoco Creek channel and Ochoco Reservoir at the line of ordinary high water in or near the center of section 35, township 14 south, range 17 east, Crook County; thence north to the center line of Ochoco Highway US 26 in or near section 35 township 14 south, range 17 east, Crook County; thence westerly following the center line of Ochoco Highway US 26 to NE Mill Creek Road in or near the northeast corner of section 34, township 14 south, range 17 east, Crook County; thence northerly following the center line of NE Mill Creek Road to the common section line of section 22 and section 27, township 14 south, range 17 east, Crook County; thence west to the southwest corner of section 20, township 14 south, range 17 east, Crook County; thence north to the southwest corner of section 17, township 14 south, range 17 east, Crook County; thence west to the southwest corner of section 18, township 14 south, range 17 east, Crook County; thence north to the southwest corner of section 7, township 14 south, range 17 east, Crook County; thence west to the southwest corner of section 11, township 14 south, range 16 east, Crook County; thence north to the southwest corner of section 35, township 13 south, range 16 east, Crook County; thence west to the southwest corner of section 33, township 13 south, range 16 east, Crook County; thence north to the southwest corner of section 21, township 13 south, range 16 east, Crook County; thence west to the common boundary of Crook County and Jefferson County, as set forth in ORS 201.070 and 201.160, in or near section 19, township 13 south, range 15 east, Crook County; thence northerly on the common boundary of Crook County and Jefferson County, as set forth in ORS 201.070 and 201.160, to the northwest corner of section 31, township 12 south, range 15 east, Jefferson County; thence east to the northwest corner of section 34, township 12 south, range 15 east, Jefferson County; thence north to the northwest corner of section 3, township 12 south, range 15 east, Jefferson County; thence east to the northwest corner of section 6, township 12 south, range 16 east, Jefferson County; thence north to the point of beginning.

(4) The boundary of the Maury Mountains Unit of the Central Oregon Forest Protection District is as follows: Beginning at the northwest corner of section 18, township 17 south, range 18 east, Crook County; thence east to the northeast corner of section 15, township 17 south, range 21 east, Crook County; thence south to the northeast corner of section 27, township 17 south, range 21 east, Crook County; thence east to the northeast corner of section 25, township 17 south, range 21 east, Crook County; thence south to the southeast corner of section 36, township 17 south, range 21 east, Crook County; thence east to the northeast corner of section 1, township 18 south, range 21 east, Crook County; thence south to the southeast corner of section 13, township 18 south, range 21 east, Crook County; thence west to the southeast corner of section 18, township 18 south, range 20 east, Crook County; thence south to the southeast corner of section 30, township 18 south, range 20 east, Crook County; thence west to the southwest corner of section 29, township 18 south, range 19 east, Crook County; thence north to the southwest corner of section 20, township 18 south, range 19 east, Crook County; thence west to the southwest corner of section 19, township 18 south, range 19 east, Crook County; thence north to the southwest corner of section 18, township 18 south, range 19 east, Crook County; thence west to the southwest corner of section 16, township 18 south, range 18 east, Crook County; thence north to the southwest corner of section 4, township 18 south, range 18 east, Crook County; thence west to the southwest corner of section 5, township 18 south, range 18 east, Crook County; thence north to the northwest corner of section 5, township 18 south, range 18 east, Crook County; thence west to the southwest corner of section 31, township 17 south, range 18 east, Crook County; thence north to the point of beginning.

(5) The area within the Dalles Unit of the Central Oregon Forest Protection District is contained within the boundaries of seven parcels described in subsections (a), (b), (c), (d), (e), (f) and (g) below:

(a) Beginning at the point where the common boundary of Hood River County and Multnomah County, as set forth in ORS 201.030 and 201.260, intersect with the line of ordinary low water on the southern shore of the Columbia River in or near section 23, township 2 north, range 7 east, Hood River County; thence easterly on the line of ordinary low water on the southern shore of the Columbia River to the common line between section 12, township 2 north, range 12 east and section 7, township 2 north, range 13 east, Wasco County; thence south to the northern boundary of the Bonneville Power Administration's Big Eddy-Troutdale powerline right of way in or near section 19, township 1 north, range 13 east, Wasco County; thence easterly on the northern boundary of the Bonneville Power Administration's Big Eddy-Troutdale powerline right of way to the common line between section 16, township 1 north, range 13 east and section 21, township 1 north, range 13 east, Wasco County; thence east to the centerline of the Northern Wasco County Public Utility District's Dufur-The Dalles powerline right of way in or near section 21, township 1 north, range 13 east, Wasco County; thence southerly on the centerline of the Northern Wasco County Public Utility District's Dufur-The Dalles powerline right of way to the common line between section 23, township 1 south, range 13 east and section 26, township 1 south, range 13 east, Wasco County; thence west to southeast corner of the southwest quarter of the southeast quarter of section 23, township 1 south, range 13 east, Wasco County; thence south to the northeast corner of the southwest quarter of the northeast quarter of section 35, township 1 south, range 13 east; Wasco County; thence east to the northeast corner of the southeast quarter of the northeast quarter of section 35, township 1 north, range 13 east, Wasco County; thence south to the centerline of U.S. Highway 197 in or near section 35, township 1 south, range 13 east; Wasco County; thence southerly on the centerline of U.S. Highway 197 to the centerline of Dufur Gap County Road, in section 11, township 2 south, range 13 east Wasco County; thence southerly on the centerline of Dufur Gap County Road to the centerline of U.S. Highway 197, in section 11, township 3 south, range 13 east, Wasco County; thence southerly on the centerline of U.S. Highway 197 to the center of the main channel of White River, in section 11, township 4 south, range 13 east, Wasco County; thence westerly on the center of the main channel of White River to the common line between section 25, township 4 south, range 12 east and section 30, township 4 south, range 13 east, Wasco County; thence south to the southeast corner of section 36, township 4 south, range 12 east, Wasco County; thence west to the southeast corner of section 34, township 4 south, range 12 east, Wasco County; thence south to the McQuinn Line and the northern boundary of the Warm Springs Indian Reservation in or near section 10, township 6 south, range 12 east, Wasco County; thence westerly on the McQuinn Line and the northern boundary of the Warm Springs Indian Reservation to the common boundary of Clackamas County and Wasco County, as set forth in ORS 201.030 and 201.330, in or near section 7, township 5 south, range 9 east, Wasco County; thence northerly on the common boundary of Clackamas County and Wasco County, as set forth in ORS 201.030 and 201.330, to the boundary of Hood River County, as set forth in ORS 201.140, in or near section 5, township 4 south, range 9 east, Wasco County; thence northerly on the common boundary of Clackamas County and Hood River County, as set forth in ORS 201.030 and 201.140, to the boundary of Multnomah County, as set forth in ORS 201.260, in or near section 27, township 1 south, range 8 east, Hood River County; thence northerly on the common boundary of Hood River County and Multnomah County, as set forth in ORS 201.140 and 201.260, to the point of beginning.

(b) Beginning at the northwest corner of the northwest quarter of the southwest quarter of section 2, township 6 south, range 11 east, Wasco County; thence east to the northeast corner of the northwest quarter of the southwest quarter of section 2, township 6 south, range 11 east, Wasco County; thence south to the northeast corner of the southwest quarter of the southwest quarter of section 2, township 6 south, range 11 east, Wasco County; thence east to the northeast corner of the southeast quarter of the southwest quarter of section 2, township 6 south, range 11 east, Wasco County; thence south to the southeast corner of the northeast quarter of the northwest quarter of section 11, township 6 south, range 11 east, Wasco County; thence west to the southwest corner of the northeast quarter of the northwest quarter of section 11, township 6 south, range 11 east, Wasco County; thence north to the southwest corner of the southeast quarter of the southwest quarter of section 2, township 6 south, range 11 east, Wasco County; thence west to the southwest corner of the southeast quarter of section 3, township 6 south, range 11 east, Wasco County; thence north to the southwest corner of the northwest quarter of the southeast quarter of section 3, township 6 south, range 11 east, Wasco County; thence west to the southwest corner of the northwest quarter of the southwest quarter of section 3, township 6 south, range 11 east, Wasco County; thence north to the northeast corner of the southwest quarter of section 3, township 6 south, range 11 east, Wasco County; thence east to the northwest corner of the northeast quarter of the southwest quarter of section 3, township 6 south, range 11 east, Wasco County; thence north to the northwest corner of the northeast quarter of the northwest quarter of section 3, township 6 south, range 11 east, Wasco County; thence east to the northeast corner of the northwest quarter of section 3, township 6 south, range 11 east, Wasco County; thence south to the northeast corner of the southwest quarter of section 3, township 6 south, range 11 east, Wasco County; thence east to the point of beginning.

(c) Beginning at the northwest corner of the southeast quarter of section 9, township 6 south, range 11 east, Wasco County; thence east to the northeast corner of the northwest quarter of the southwest quarter of section 10 township 6 south, range 11 east, Wasco County; thence south to the southeast corner of lot 4 of section 10, township 6 south, range 11 east, Wasco County; thence west to the southwest corner of lot 4 of section 10, township 6 south, range 11 east, Wasco County; thence north to the southwest corner of the northwest quarter of the southwest quarter of section 10, township 6 south, range 11 east, Wasco County; thence west to the southeast corner of the northwest quarter of the southeast quarter of section 9, township 6 south, range 11 east, Wasco County; thence south to the southeast corner of lot 2 of section 9, township 6 south, range 11 east, Wasco County; thence west to the southwest corner of lot 2 of section 9, township 6 south, range 11 east, Wasco County; thence north to the point of beginning.

(d) Beginning at the northwest corner of the northeast quarter of the southwest quarter of section 11, township 6 south, range 11 east, Wasco County; thence east to the northeast corner of the northeast quarter of the southwest quarter of section 11, township 6 south, range 11 east, Wasco County; thence south to the southwest corner of the northeast quarter of the southwest quarter of section 11, township 6 south, range 11 east, Wasco County; thence west to the southwest corner of the northeast quarter of the southwest quarter of section 11, township 6 south, range 11 east, Wasco County; thence north to the point of beginning.

(e) Beginning at the northwest corner of the northeast quarter of the southeast quarter of section 6, township 6 south, range 12 east, Wasco County; thence east to the McQuinn Line and the northern boundary of the Warm Springs Indian Reservation in section 6, township 6 south, range 12 east, Wasco County; thence easterly on the McQuinn Line and the northern boundary of the Warm Springs Indian Reservation to the common line between section 4, township 6 south, range 12 east and section 9, township 6 south, range 12 east, Wasco County; thence west to the southwest corner of the southeast quarter of the southeast quarterof section 6, township 6 south, range 12 east, Wasco County; thence north to the point of beginning.

(f) Beginning at the southwest corner of section 29, township 5 south, range 11 east, Wasco County; thence north to the McQuinn Line and the northern boundary of the Warm Springs Indian Reservation in section 29, township 5 south, range 11 east, Wasco County; thence easterly on the McQuinn Line and the northern boundary of the Warm Springs Indian Reservation to the common line between the southwest quarter of the southwest quarter and the southeast quarter of the southwest quarter of section 29, township 5 south, range 11 east, Wasco County; thence south to the southeast corner of the southwest quarter of the southwest quarter of section 29, township 5 south, range 11 east; Wasco County; thence west to the point of beginning.

(g) Beginning at the southwest corner of the southeast quarter of the southwest quarter of section 35, township 5 south, range 11 east, Wasco County; thence north to the McQuinn Line and the northern boundary of the Warm Springs Indian Reservation in section 35, township 5 south, range 11 east, Wasco County; thence easterly on the McQuinn Line and northern boundary of the Warm Springs Indian Reservation to the common line between section 35, township 5 south, range 11 east and section 36, township 5 south, range 11 east, Wasco County; thence south to the southeast corner of section 35, township 5 south, range 11 east, Wasco County; thence west to the point of beginning.

History

Statutory/Other Authority: ORS 477.225 & ORS 526.041(1)
Statutes/Other Implemented: ORS 477.225
DOF 1-2025, amend filed 06/26/2025, effective 07/01/2026
DOF 6-2022, amend filed 11/14/2022, effective 11/15/2022
DOF 1-2018, amend filed 04/26/2018, effective 07/01/2018
DOF 1-2015, f. & cert. ef. 9-4-15
DOF 1-2005, f. & cert. ef. 1-7-05
DOF 2-1999, f. & cert. ef. 5-13-99
DOF 10-1998, f. & cert. ef. 8-13-98

Or. Admin. R. 629-041-0525 Coos Forest Protection District Boundary

The boundary of the Coos Forest Protection District is as follows: Beginning at the point where the southern boundary of Oregon, as set forth in ORS 201.005, and the ocean shore line of vegetation, as set forth in ORS 390.770, intersect, in or near section 26, township 41 south, range 13 west, Curry County; thence northerly on the ocean shore line of vegetation, as set forth in ORS 390.770, to the common boundary of Douglas County and Lane County, as set forth in ORS 201.100 and 201.200, in or near section 5, township 20 south, range 12 west, Douglas County; thence easterly on the common boundary of Douglas County and Lane County, as set forth in ORS 201.100 and 201.200, to the northeast corner of the southeast quarter of section 1, township 20 south, range 11 west, Douglas County; thence south to the northeast corner of section 25, township 21 south, range 11 west, Douglas County; thence east to the northeast corner of section 25, township 21 south, range 10 west, Douglas County; thence north to the northwest corner of section 19, township 21 south, range 9 west, Douglas County; thence east to the northeast corner of section 24, township 21 south, range 9 west, Douglas County; thence south on the common line of township 8 west and township 9 west to the boundary of the Southwest Oregon Forest Protection District, as set forth in OAR 629-041-0560, in or near section 36, township 31 south, range 9 west, Douglas County; thence westerly and southerly on the boundary of the Southwest Oregon Forest Protection District, as set forth in OAR 629-041-0560, to the southern boundary of Oregon, as set forth in ORS 201.005, in or near section 13, township 41 south, range 10 west, Curry County; thence westerly on the southern boundary of Oregon, as set forth in ORS 201.005, to the point of beginning.

History

Statutory/Other Authority: ORS 477.225
Statutes/Other Implemented: ORS 477.225
DOF 3-2000, f. & cert. ef. 6-27-00
DOF 10-1998, f. & cert. ef. 8-13-98

Or. Admin. R. 629-041-0530 Douglas Forest Protection District Boundary

The boundary of the Douglas Forest Protection District is as follows: Beginning at the northwest corner of the southwest quarter of section 19, township 21 south, range 8 west, Douglas County; thence east to the northwest corner of the southwest quarter of section 23, township 21 south, range 8 west, Douglas County; thence north to the northwest corner of section 23, township 21 south, range 8 west, Douglas County; thence east to the northwest corner of section 20, township 21 south, range 5 west, Douglas County; thence north to the northwest corner of section 17, township 21 south, range 5 west, Douglas County; thence east to the northwest corner of the northeast quarter of section 17, township 21 south, range 5 west, Douglas County; thence north to the common boundary of Douglas County and Lane County, as set forth in ORS 201.100 and 201.200, in or near section 5, township 21 south, range 5 west, Douglas County; thence easterly and southerly on the common boundary of Douglas County and Lane County, as set forth in ORS 201.100 and 201.200, to the common line of section 25 and section 26, township 23 south, range 2 west, Douglas County; thence south to the northeast corner of section 35, township 23 south, range 2 west, Douglas County; thence east to the northeast corner of section 36, township 23 south, range 2 west, Douglas County; thence south to the northeast corner of section 1, township 24 south, range 2 west, Douglas County; thence east to the northwest corner of the northeast quarter of section 4, township 24 south, range 1 west, Douglas County; thence north to the northwest corner of the southeast quarter of section 33, township 23 south, range 1 west, Douglas County; thence east to the northwest corner of the southwest quarter of section 34, township 23 south, range 1 west, Douglas County; thence north to the northwest corner of section 34, township 23 south, range 1 west, Douglas County; thence east to the northwest corner of section 35, township 23 south, range 1 west, Douglas County; thence north to the common boundary of Douglas County and Lane County, as set forth in ORS 201.100 and 201.200, in or near section 26 township 23 south, range 1 west, Douglas County; thence easterly and southerly on the common boundary of Douglas County and Lane County, as set forth in ORS 201.100 and 201.200, to the boundary of Klamath County, as set forth in ORS 201.180, in or near section 5, township 25 south, range 5-1/2 east, Douglas County; thence southerly on the common boundary of Douglas County and Klamath County, as set forth in ORS 201.100 and 201.180, to the boundary of the Klamath-Lake Forest Protection District, as set forth in OAR 629-041-0540, in or near section 3, township 27 south, range 6-1/2 east, Douglas County; thence southerly on the boundary of the Klamath-Lake Forest Protection District, as set forth in OAR 629-041-0540, to the boundary of the Southwest Oregon Forest Protection District, as set forth in OAR 629-041-0560, in or near section 36, township 29 south, range 4 east, Douglas County; thence westerly on the boundary of the Southwest Oregon Forest Protection, as set forth in OAR 629-041-0560, to the boundary of the Coos Forest Protection District, as set forth in OAR 629-041-0525, in or near section 31, township 31 south, range 8 west, Douglas County; thence northerly on the boundary of the Coos Forest Protection District, as set forth in OAR 629-041-0525, to the point of beginning.

History

Statutory/Other Authority: ORS 477.225
Statutes/Other Implemented: ORS 477.225
DOF 3-2000, f. & cert. ef. 6-27-00
DOF 10-1998, f. & cert. ef. 8-13-98

Or. Admin. R. 629-041-0540 Klamath-Lake Forest Protection District Boundary

The boundary of the Klamath-Lake Forest Protection District is as follows: Beginning at the point where the common boundary of Jackson County and Klamath County, as set forth in ORS 201.150 and 201.180, intersect with the southern boundary of the state of Oregon, as set forth in ORS 201.005, in or near section 18, township 41 south, range 5 east, Klamath County; thence northerly on the common boundary of Jackson County and Klamath County, as set forth in ORS 210.150 and 201.180, to the boundary of Douglas County, as set forth in ORS 201.100, in or near section 6, township 30 south, range 5 east, Klamath County; thence northerly on the common boundary of Douglas County and Klamath County, as set forth in ORS 201.100 and 201.180, to the common line between township 26 south, range 61/2 east and township 27 south, range 61/2 east, in or near section 2, township 27 south, range 61/2 east, Klamath County; thence east to the northeast corner of section 1, township 27 south, range 61/2 east, Klamath County; thence north to the northwest corner of section 6, township 27 south, range 7 east, Klamath County; thence east to the northeast corner of section 1, township 27 south, range 8 east, Klamath County; thence south the northeast corner of section 1, township 28 south, range 8 east, Klamath County; thence east to the northwest corner of section 6, township 28 south, range 11 east, Klamath County; thence north to the northwest corner of section 7, township 27 south, range 11 east, Klamath County; thence east to the northeast corner of section 10, township 27 south, range 12 east, Lake County; thence south to the northeast corner of the southeast quarter of the northeast quarter of section 10, township 27 south, range 12 east, Lake County; thence east to the northeast corner of the southeast quarter of the northeast quarter of section 11, township 27 south, range 12 east, Lake County; thence south to the northeast corner of the southeast quarter of section 11, township 27 south, range 12 east, Lake County; thence east to the northeast corner of the southwest quarter of section 12, township 27 south, range 12 east, Lake County; thence south to the northeast corner of the southeast quarter of the southwest quarter of section 12, township 27 south, range 12 east, Lake County; thence east to the northwest corner of the southwest quarter of the southwest quarter of section 7, township 27 south, range 13 east, Lake County; thence north to the northwest corner of section 7, township 27 south, range 13 east, Lake County; thence east to the northeast corner of section 9, township 27 south, range 13 east, Lake County; thence south to the northeast corner of section 21, township 27 south, range 23 east, Lake County; thence east to the centerline of Oregon Highway 31, in or near section 23, township 27 south, range 13 east, Lake County; thence southerly on the centerline of Oregon Highway 31 to the common line between township 27 south, range 13 east, and township 28 south, range 13 east, in or near section 36, township 27 south, range 13 east, Lake County; thence west to the southeast corner of section 36, township 27 south, range 12 east, Lake County; thence south to the northeast corner of section 13, township 28 south, range 12 east, Lake County; thence east to the northeast corner of section 18, township 28 south, range 13 east, Lake County; thence south to the northeast corner of section 6, township 29 south, range 13 east, Lake County; thence east to the northeast corner of section 1, township 29 south, range 14 east, Lake County; thence south to the northeast corner of the southeast quarter of section 13, township 29 south, range 14 east, Lake County; thence east to the northeast corner of the southwest quarter of section 18, township 29 south, range 15 east, Lake County; thence south to the northeast corner of the northwest quarter of section 19, township 29 south, range 15 east, Lake County; thence east to the northeast corner of section 20, township 29 south, range 15 east, Lake County; thence south to the northeast corner of section 32, township 29 south, range 15 east, Lake County; thence east to the northeast corner of section 34, township 29 south, range 16 east, Lake County; thence south to the northeast corner of the southeast quarter of section 34, township 29 south, range 16 east, Lake County; thence east to the northeast corner of the southwest quarter of section 35, township 29 south, range 16 east, Lake County; thence south to the northeast corner of the southwest quarter of section 14, township 30 south, range 16 east, Lake County; thence east to the centerline of Oregon Highway 31 in or near section 13, township 30 south, range 16 east, Lake County; thence southerly on the centerline of Oregon Highway 31 to the centerline of Clover Flat County Road, in section 17, township 34 south, range 19, east, Lake County; thence southerly and easterly on the centerline of Clover Flat County Road to the centerline of U.S. Highway 395, in or near section 6, township 36 south, range 21 east; Lake County; thence southerly on the centerline of U.S. Highway 395 to the common line between sections 18 and 19, township 36 south, range 21 east, in or near section 18, township 36 south, range 21 east, Lake County; thence east to the northwest corner of the northeast quarter of section 23, township 36 south, range 21 east, Lake County; thence north to the northwest corner of the northeast quarter of section 14, township 36 south, range 21 east, Lake County; thence east to the northeast corner of section 13, township 36 south, range 21 east, Lake County; thence south to the northwest corner of section 18, township 36 south, range 22 east, Lake County; thence east to the northeast corner of the northwest quarter of section 18, township 36 south, range 22 east, Lake County; thence south to the northeast corner of the southwest quarter of section 18, township 36 south, range 22 east, Lake County; thence east to the northeast corner of the southeast quarter of section 18, township 36 south, range 22 east, Lake County; thence south to the northeast corner of section 19, township 36 south, range 22 east, Lake County; thence east to the northeast corner of section 20, township 36 south, range 22 east, Lake County; thence south to the northeast corner of the southeast quarter of section 32, township 36 south, range 22 east, Lake County; thence east to the northeast corner of the northwest quarter of the southwest quarter of section 34, township 36 south, range 22 east, Lake County; thence south to the southeast corner of the southwest quarter of the southwest quarter of section 34, township 36 south, range 22 east, Lake County; thence west to the southeast corner of section 33, township 36 south, range 22 east, Lake County; thence south to the southeast corner of section 9, township 37 south, range 22 east, Lake County; thence west to the southeast corner of section 8, township 37 south, range 22 east, Lake County; thence south to the northeast corner of section 20, township 37 south, range 22 east, Lake County; thence east to the northeast corner of the northwest quarter of section 21, township 37 south, range 22 east, Lake County; thence south to the northeast corner of the southwest quarter of section 21, township 37 south, range 22 east, Lake County; thence east to the northeast corner of the southeast quarter of section 21, township 37 south, range 22 east, Lake County; thence south to the northeast corner of the southeast quarter of section 28, township 37 south, range 22 east, Lake County; thence east to the northeast corner of the southwest quarter of section 27, township 37 south, range 22 east, Lake County; thence south to the northeast corner of the southeast quarter of the southwest quarter of section 27, township 37 south, range 22 east, Lake County; thence east to the northeast corner of the southeast quarter of the southwest quarter of section 26, township 37 south, range 22 east, Lake County; thence south to the northeast corner of the northwest quarter of section 35, township 37 south, range 22 east, Lake County; thence east to the northeast corner of section 35, township 37 south, range 22 east, Lake County; thence south to the northeast corner of the southeast quarter of section 35, township 37 south, range 22 east, Lake County; thence east to the northeast corner of the southeast quarter of section 36, township 37 south, range 22 east, Lake County; thence south to the centerline of Plush Cutoff County Road, in or near section 12, township 38 south, range 22 east, Lake County; thence southerly on the centerline of Plush Cutoff County Road, to the centerline of Oregon Highway 140, in or near section 2, township 39 south, range 22 east, Lake County; thence westerly on the centerline of Oregon Highway 140 to the common line between sections 2 and 3, township 39 south, range 22 east, in or near section 3, township 39 south, range 22 east, Lake County; thence south to the southeast corner of section 34, township 39 south, range 22 east, Lake County; thence west to the northeast corner of the northwest quarter of section 5, township 40 south, range 22 east, Lake County; thence south to the northeast corner of the northwest quarter of section 20, township 40 south, range 22 east, Lake County; thence east to the northeast corner of section 20, township 40 south, range 22 east, Lake County; thence south to the northeast corner of the southeast quarter of section 29, township 40 south, range 22 east, Lake County; thence east to the northwest corner of the southwest quarter of section 27, township 40 south, range 22 east, Lake County; thence north to the northwest corner of section 27, township 40 south, range 22 east, Lake County; thence east to the northeast corner of section 27, township 40 south, range 22 east, Lake County; thence south to the northeast corner of section 34, township 40 south, range 22 east, Lake County; thence east to the northeast corner of section 35, township 40 south, range 22 east, Lake County; thence south to the southern boundary of the state of Oregon, as set forth in ORS 201.005, in or near section 23, township 41 south, range 22 east, Lake County; thence westerly on the southern boundary of the state of Oregon, as set forth in ORS 201.005, to the point of beginning.

History

Statutory/Other Authority: ORS 477.225
Statutes/Other Implemented: ORS 477.225
DOF 3-2010, f. 9-23-10, cert. ef. 9-29-10
DOF 2-1999, f. & cert. ef. 5-13-99
DOF 10-1998, f. & cert. ef. 8-13-98

Or. Admin. R. 629-041-0547 North Cascade Forest Protection District Boundary

The boundary of the North Cascade Forest Protection District is as follows: Beginning at the point where the common line of township 1 north, range 4 east and township 1 north, range 5 east intersect with the line of ordinary low water on the southern shore of the Columbia River in or near the northwest quarter of the northwest quarter of section 30, township 1 north, range 5 east, Multnomah County; thence northeasterly on the line of ordinary low water, on the southern shore of the Columbia River, to the boundary of The Dalles Unit of the Central Oregon Forest Protection District, as set forth in OAR 629-041-0515(5), in or near the northeast quarter of the northeast quarter of section 22, township 2 north, range 7 east, Multnomah County; thence southerly and easterly on the boundary of The Dalles Unit of the Central Oregon Forest Protection District, as set forth in OAR 629-041-0515(5), to the McQuinn Line and the northern boundary of the Warm Springs Indian Reservation, in or near the southwest quarter of the northeast quarter of section 7, township 5 south, range 9 east, Clackamas County; thence northwesterly on the McQuinn Line and the northern boundary of the Warm Springs Indian Reservation to the extreme northwest corner of the Warm Springs Indian Reservation, in or near the northeast quarter of the northwest quarter of section 7, township 5 south, range 9 east, Clackamas County; thence southwesterly on the McQuinn Line and the western boundary of the Warm Springs Indian Reservation to the common boundary of Jefferson County, as set forth in ORS 201.160, and Linn County, as set forth in ORS 201.220, at the summit of Mt. Jefferson, in or near the northeast quarter of the southwest quarter of section 26, township 10 south, range 8 east, Linn County; thence southerly on the common boundary of Jefferson County, as set forth in ORS 201.160, and Linn County, as set forth in ORS 201.220, to the boundary of the Deschutes Unit of the Central Oregon Forest Protection District, as set forth in OAR 629-041-0515(2), in or near the southeast quarter of the northeast quarter of section 5, township 11 south, range 8 east, Linn County; thence southerly on the boundary of the Deschutes Unit of the Central Oregon Forest Protection District, as set forth in OAR 629-041-0515(2), to the common line of section 25, township 12 south, range 7 1/2 east and section 30, township 12 south, range 8 east, in or near the northeast quarter of the southeast quarter of section 25, township 12 south range 7 1/2 east, Linn County; thence north to the southeast corner of section 24, township 12 south, range 7 1/2 east, Linn County; thence west to the centerline of U.S Highway 22 in or near the southeast quarter of the southwest quarter of section 20, township 12 south, range 7 east, Linn County; thence northerly on the centerline of U.S. Highway 22 to the common line of township 11 south, range 7 east and township 12 south range 7 east, in or near southwest quarter of the southeast quarter of section 31, township 11 south, range 7 east, Linn County; thence west to the southwest corner of section 31, township 11 south, range 5 east, Linn County; thence north to the northeast corner of section 1, township 11 south, range 4 east, Linn County; thence west to the northwest corner of section 3, township 11 south, range 4 east, Linn County; thence south to the southeast corner of section 4, township 11 south, range 4 east, Linn County; thence west to the southwest corner of section 6, township 11 south, range 2 east, Linn County; thence north to the southeast corner of section 1, township 11 south, range 1 east, Linn County; thence west to the centerline of Tree Farm Road, a county road, in or near the southeast quarter of the southeast quarter of section 5, township 11 south, range 1 east, Linn County; thence southwesterly on the centerline of Tree Farm Road, a county road, to the centerline of Fish Hatchery Drive, a county road, in or near northeast quarter of the southwest quarter of section 8, township 11 south, range 1 east, Linn County; thence westerly on the centerline of Fish Hatchery Drive, a county road, to the centerline of Larwood Drive, a county road, in or near the southwest quarter of the northwest quarter of section 7, township 11 south, range 1 east, Linn County; thence northwesterly on the centerline of Larwood Drive, a county road, to the centerline of Richardsons Gap Road, a county road, in or near the southwest quarter of the southwest quarter of section 27, township 10 south, range 1 west, Linn County; thence northerly on the centerline of Richardsons Gap Road, a county road, to the centerline of Oregon Highway 226, in or near the northwest quarter of the northwest quarter of section 15, township 10 south, range 1 west, Linn County; thence northeasterly on the centerline of Oregon Highway 226 to the common boundary of Linn County, as set forth in ORS 201.220, and Marion County, as set forth in ORS 201.240, in or near the northwest quarter of the southwest quarter of section 18, township 9 south, range 2 east, Linn County; thence westerly on the common boundary of Linn County, as set forth in ORS 201.220, and Marion County, as set forth in ORS 201.240, to the centerline of the Stayton-Scio Road, a county road, in or near the southwest quarter of the northeast quarter of section 15, township 9 south, range 1 west, Linn County; thence northerly on the centerline of the Stayton-Scio Road, a county road to the point it becomes 1st Avenue, a county road, in or near the northeast quarter of the northwest quarter of section 15, township 9 south, range 1 west, Marion County; thence northerly on the centerline of 1st Avenue, a county road, to the point it becomes Cascade Highway, a county road, in or near the southwest quarter of the southeast quarter of section 3, township 9 south, range 1 west, Marion County; thence northerly on the centerline of Cascade Highway, a county road, to the point it becomes Center Street, a county road, in or near the southwest quarter of the northwest quarter of section 3, township 9 south, range 1 west, Marion County; thence northerly on the centerline of Center Street, a county road, to the point it becomes Cascade Highway, a county road, in or near the northwest quarter of the northeast quarter of section 34, township 8 south, range 1 west, Marion County; thence northerly on the centerline of Cascade Highway, a county road, to the point it becomes Main Street, a county road, in or near the southwest quarter of the southeast quarter of section 34, township 6 south, range 1 west, Marion County; thence northeasterly on the centerline of Main Street, a county road, to the centerline of Oregon Highway 213, in or near the northeast quarter of the southeast quarter of section 34, township 6 south, range 1 west, Marion County; thence northeasterly and northerly on the centerline of Oregon Highway 213 to the centerline of Leland Road, a county road, in or near the southwest quarter of the southeast quarter of section 21, township 3 south, range 2 east, Clackamas County; thence easterly on the centerline of Leland Road, a county road, to the common line of section 21 and section 22, township 3 south, range 2 east, in or near the southeast quarter of the southeast quarter of section 21, township 3 south, range 2 east, Clackamas County; thence south to the northwest corner of section 27, township 3 south, range 2 east, Clackamas County; thence east to the northwest corner of the northeast quarter of section 26, township 3 south, range 2 east, Clackamas County; thence north to the northwest corner of the southeast quarter of section 14, township 3 south, range 2 east, Clackamas County; thence east to the northeast corner of the southeast quarter of section 14, township 3 south, range 2 east, Clackamas County; thence south to the northeast corner of section 23, township 3 south, range 2 east, Clackamas County; thence east to the northeast corner of the northwest quarter of section 24, township 3 south, range 2 east, Clackamas County; thence south to the northeast corner of the southwest quarter of section 24, township 3 south, range 2 east, Clackamas County; thence east to the northeast corner of the southeast quarter of section 19, township 3 south, range 3 east, Clackamas County; thence south to the northeast corner of section 30, township 3 south, range 3 east, Clackamas County; thence east to the northwest corner of the northeast quarter of section 27, township 3 south, range 3 east, Clackamas County; thence north to the northwest corner of the southeast quarter of section 22, township 3 south, range 3 east, Clackamas County; thence east to the northeast corner of the southeast quarter of section 22, township 3 south, range 3 east, Clackamas County; thence south to the northeast corner of section 27, township 3 south, range 3 east, Clackamas County; thence east to the centerline of Fellows Road, a county road, in or near the northeast quarter of the northwest quarter of section 26, township 3 south, range 3 east, Clackamas County; thence southeasterly on the centerline of Fellows Road, a county road, to the common line of section 25 and section 26, township 3 south, range 3 east, in or near the southeast quarter of the southeast quarter of section 26, township 3 south, range 3 east, Clackamas County; thence south to the northeast corner of section 35, township 3 south, range 3 east, Clackamas County; thence east to the northwest corner of section 31, township 3 south, range 4 east, Clackamas County; thence north to the centerline of Springwater Road, a county road, in or near the northwest quarter of the northwest quarter of section 30, township 3 south, range 4 east, Clackamas County; thence northwesterly on the centerline of Springwater Road, a county road, to the common line of section 12 and section 13, township 3 south, range 3 east, in or near the southwest quarter of the southwest quarter of section 12, township 3 south, range 3 east, Clackamas County; thence east to the center of the main channel of the Clackamas River, in or near the northeast quarter of the northwest quarter of section 13, township 3 south, range 3 east, Clackamas County; thence northerly on the center of the main channel of the Clackamas River, to the centerline of Bakers Ferry Road, a county road, in or near the southwest quarter of the northwest quarter of section 23, township 2 south, range 3 east, Clackamas County; thence northeasterly on the centerline of Bakers Ferry Road, a county road, to the centerline of Oregon Highway 224, in or near the southeast quarter of the southwest quarter of section 14, township 2 south, range 2 east, Clackamas County; thence southeasterly on the centerline of Oregon Highway 224 to the centerline of Amisigger Road, a county road, in or near the northeast quarter of the northeast quarter of section 23, township 2 south, range 2 east, Clackamas County; thence northerly on the centerline of Amisigger Road, a county road, to the centerline of Kelso Road, a county road, in or near the northwest quarter of the northeast quarter of section 12, township 2 south, range 3 east, Clackamas County; thence easterly on the centerline of Kelso Road, a county road, to the centerline of 312th Street, a county road, in or near the northwest quarter of the northeast quarter of section 8, township 2 south, range 4 east, Clackamas County; thence northerly on the centerline of 312th Street, a county road, to the centerline of Orient Drive, a county road, on or near the southwest quarter of the northeast quarter of section 32, township 1 south, range 4 east, Clackamas County; thence northerly on the centerline of Orient Drive, a county road, to the common line of section 20 and section 29, township 1 south, range 4 east, in or near the northeast quarter of the northwest quarter of section 29, township 1 south, range 4 east, Clackamas County; thence east to the northwest corner of section 25, township 1 south, range 4 east, Clackamas County; thence north to the northwest corner of section 12, township 1 south, range 4 east, Multnomah County; thence east to the northwest corner of section 7, township 1 south, range 5 east, Multnomah County; thence north to the point of beginning.

History

Statutory/Other Authority: ORS 477.225
Statutes/Other Implemented: ORS 477.225
DOF 7-2005, f. 12-5-05, cert. ef. 7-1-06

Or. Admin. R. 629-041-0550 Northeast Oregon Forest Protection District Boundary

The boundary of the Northeast Oregon Forest Protection District is as follows: Beginning at the point where the common line of township 36 east and township 37 east intersect with the northern boundary of the state of Oregon, as set forth in ORS 201.005, in or near section 18, township 6 north south, range 37 east, Umatilla County; thence easterly on the northern boundary of the state of Oregon, as set forth in ORS 201.005, to the eastern boundary of the state of Oregon, as set forth in ORS 201.005, in or near section 14, township 6 north, range 47 east; Wallowa County; thence southerly on the eastern boundary of the state of Oregon, as set forth in ORS 201.005, to the common line of section 19 and section 30, township 5 south, range 49 east, Wallowa County; thence west to the southeast corner of section 23, township 5 south, range 48 east, Wallowa County; thence south to the southeast corner of section 26, township 5 south, range 48 east, Wallowa County; thence west to the southeast corner of section 28, township 5 south, range 48 east, Wallowa County; thence south to the northeast corner of section 4, township 6 south, range 48 east, Baker County; thence east to the northeast corner of section 3, township 6 south, range 48 east, Baker County; thence south to the southeast corner of section 3, township 6 south, range 48 east, Baker County; thence west to the southeast corner of section 4, township 6 south, range 48 east, Baker County; thence south to the southeast corner of section 9, township 6 south, range 48 east, Baker County; thence west to the southeast corner of section 8, township 6 south, range 48 east, Baker County; thence south to the southeast corner of section 17, township 6 south, range 48 west, Baker County; thence west to the southeast corner of section 18, township 6 south, range 48 west, Baker County; thence south to the southeast corner of section 30, township 7 south, range 48 west, Baker County; thence west to the southwest corner of the southeast quarter of section 30, township 7 south, range 46 east, Baker County; thence north to the southwest corner of the northeast quarter of section 30, township 7 south, range 46 east, Baker County; thence west to the southeast corner of the northeast quarter of section 26, township 7 south, range 45 east, Baker County; thence south to the northeast corner of section 2, township 8 south, range 45 east, Baker County; thence east to the northeast corner of section 1, township 8 south, range 45 east, Baker County; thence south to the northeast corner of section 12, township 8 south, range 45 east, Baker County; thence east to the northeast corner of section 7, township 8 south, range 46 east, Baker County; thence south to the southeast corner of section 30, township 8 south, range 46 east, Baker County; thence west to the southwest corner of section 28, township 8 south, range 45 east, Baker County; thence north to the southwest corner of section 21, township 8 south, range 45, east, Baker County; thence west to the southwest corner of section 19, township 8 south, range 45 east, Baker County; thence north to the southwest corner of section 18, township 8 south, range 45 east, Baker County; thence west to the southwest corner of section 17, township 8 south, range 44 east, Baker County; thence north to the southwest corner of section 8, township 8 south, range 44 east, Baker County; thence west to the southwest corner of section 9, township 8 south, range 43 east, Baker County; thence north to the southwest corner of the northwest quarter of section 33, township 7 south, range 43 east, Baker County; thence west to the southwest corner of the northwest quarter of section 32, township 7 south, range 43 east, Baker County; thence north to the southwest corner of the northwest quarter of section 29, township 7 south, range 43 east, Baker County; thence west to the southwest corner of the northwest quarter of section 28, township 7 south, range 42 east, Baker County; thence north to the southwest corner of the northwest quarter of section 21, township 7 south, range 42 east, Baker County; thence west to the southwest corner of the northwest quarter of section 20, township 7 south, range 42 east, Baker County; thence north to the southwest corner of section 5, township 7 south, range 42 east, Baker County; thence west to the southwest corner of the southeast quarter of section 6, township 7 south, range 42 east, Baker County; thence north to the southwest corner of the southeast quarter of section 31, township 6 south, range 42, east, Baker County; thence west to the southwest corner of section 31, township 6 south, range 42 east, Union County; thence north to the southwest corner of section 30, township 6 south, range 42 east, Union County; thence west to the southwest corner of section 25, township 6 south, range 41 east, Union County; thence north to the southwest corner of section 24, township 6 south, range 41 east, Union County; thence west to the southwest corner of section 23, township 6 south, range 41 east, Union County; thence north to the southwest corner of section 14, township 6 south, range 41 east, Union County; thence west to the southwest corner of the southeast quarter of section 14, township 6 south, range 40 east, Union County; thence north to the northwest corner of the northeast quarter of section 2, township 6 south, range 40 east, Union County; thence west to the southwest corner of section 35, township 5 south, range 40 east, Union County; thence north to the southwest corner of section 23, township 5 south, range 40 east, Union County; thence west to the southwest corner of the southeast quarter of section 22, township 5 south, range 40 east, Union County; thence north to the southwest corner of the southeast quarter of section 15, township 5 south, range 40 east, Union County; thence west to the southwest corner of section 15, township 5 south, range 40 east, Union County; thence north to the northwest corner of section 3, township 5 south, range 40 east, Union County; thence east to the northwest corner of the northeast quarter of section 2, township 5 south, range 40 east, Union County; thence north to the centerline of High Valley Road, a county road, in or near the southwest quarter of the southeast quarter of section 14, township 4 south, range 40 east, Union County; thence northerly on the centerline of High Valley Road, a county road, to the common line of the north half and the south half of the northeast quarter of the southeast quarter of section 21, township 3 south, range 40 east, Union County; thence east to the centerline of Mill Creek Road, a county road, in or near the northwest quarter of the southeast quarter of section 22, township 3 south, range 40 east, Union County; thence southeasterly on the centerline of Mill Creek Road, a county road, to the centerline of Hidden Valley Lane, a county road, in or near the southeast quarter of the southeast quarter of section 22, township 3 south, range 40 east, Union County; thence easterly on the centerline of Hidden Valley Lane, a county road, to the point directly south of the most southern centerline of Wade Road, a county road, in or near the southwest quarter of the southwest quarter of section 23, township 3 south, range 40 east, Union County; thence north to the most southern centerline of Wade Road, a county road, in or near the northwest quarter of the northwest quarter of section 23, township 3 south, range 40 east, Union County; thence northerly and westerly on the centerline of Wade Road, a county road, to the centerline of Haefer Lane, a county road, in or near the southwest quarter of the southwest quarter of section 14, township 3 south, range 40 east, Union County; thence northerly and easterly on the centerline of Haefer Lane, a county road, to the centerline of Stackland Road, a county road, in or near the southwest quarter of the southwest quarter of section 14, township 3 south, range 40 east, Union County; thence northerly on the centerline of Stackland Road, a county road, to the centerline of Lantz Lane, a county road, in or near the southwest quarter of the southwest quarter of section 11, township 3 south, range 40 east, Union County; thence westerly on the centerline of Lantz Lane, a county road to the centerline of Lower Cove Road, a county road, in or near the southwest quarter of the southwest quarter of section 10, township 3 south, range 40 east, Union County; thence northerly on the centerline of Lower Cove Road, a county road, to the centerline of Greys Corner Road, a county road, in or near the northwest quarter of the northeast quarter of section 13, township 2 south, range 39 east, Union County; thence northerly on the centerline of Greys Corner Road, a county road, to the centerline of Rhinehart Lane, a county road, in or near the northeast quarter of the northwest quarter of section 10, township 1 south, range 39 east, Union County; thence northeasterly on the centerline of Rhinehart Lane, a county road, to the common line of township 1 north and township 1 south, in or near the northeast quarter of the northeast quarter of section 2, township 1 south, range 39 east, Union County; thence east to the northwest corner of section 6, township 1 south, range 40 east, Union County; thence north to the northwest corner of section 30, township 1 north, range 40 east, Union County; thence east to the northwest corner of section 27, township 1 north, range 40 east, Union County; thence north to the northwest corner of section 22, township 1 north, range 40 east, Union County; thence east to the northwest corner of section 23, township 1 north, range 40 east, Union County; thence north to the centerline of Oregon Highway 82, in or near the southwest quarter of the southwest quarter of section 2, township 1 north, range 40 east, Union County; thence westerly on the centerline of Oregon Highway 82 to the centerline of Good Road, a county road, in or near the southwest quarter of the southeast quarter of section 5, township 1 north, range 40 east, Union County; thence northerly on the centerline of Good Road, a county road, to the centerline of Parsons Lane, a county road, in or near the southwest quarter of the southeast quarter of section 32, township 2 north, range 40 east, Union County; thence westerly on the centerline of Parsons Road, a county road, to the common line of township 1 north and township 2 north, in or near the southeast quarter of the southeast quarter of section 36, township 2 north, range 39 east, Union County; thence west to the southeast corner of section 33, township 2 north, range 39 east, Union County; thence south to the southeast corner of the northeast quarter of section 16, township 1 north, range 39 east, Union County; thence west to the southeast corner of the southwest quarter of the northeast quarter of section 16, township 1 north, range 39 east, Union County; thence south to the northeast corner of the northwest quarter of the northeast quarter of section 21, township 1 north, range 39 east, Union County; thence east to the northeast corner of section 21, township 1 north, range 39 east, Union County; thence south to the northeast corner of section 28, township 1 north, range 39 east, Union County; thence east to the northeast corner of section 27, township 1 north, range 39 east, Union County; thence south to the southeast corner of section 34, township 1 north, range 39 east, Union County; thence west to the centerline of Hunter Road, a county road, in or near the northeast quarter of the northeast quarter of section 4, township 1 north, range 38 east, Union County; thence southerly on the centerline of Hunter Road, a county road, to the centerline of Monroe Lane, a county road, in or near the northeast quarter of the northwest quarter of the northwest quarter of section 3, township 2 south, range 38 east, Union County; thence westerly on the centerline of Monroe Lane, a county road, to the centerline of Orchard Road, a county road, in or near the northeast quarter of the northeast quarter of section 4, township 2 south, range 38 east, Union County; thence southerly on the centerline of Orchard Road, a county road, to the centerline of Standley Road, a county road, in or near the northwest quarter of the northeast quarter of section 9, township 2 south, range 38 east, Union County; thence westerly on the centerline of Standley Road, a county road, to the centerline of Mount Glen Road, a county road, in or near the northeast quarter of the northwest quarter of section 9, township 2 south, range 38 east, Union County; thence southerly on the centerline of Mount Glen Road, a county road, to the common line of section 21 and section 28, township 2 south, range 39 east, in or near the northeast quarter of the northwest quarter of section 28, township 2 south, range 39 east, Union County; thence west to the southeast corner of section 24, township 2 south, range 37 east, Union County; thence south to the centerline of U.S. Highway 30, in or near the southeast quarter of the southeast quarter of section 36, township 2 north, range 37 east, Union County; thence southerly on the centerline of U.S. Highway 30 to the common line of the east half and the west half of section 6, township 3 south, range 38 east, in or near the northeast quarter of the southwest quarter of section 6, township 3 south, range 38 east, Union County; thence south to the northeast corner of the northwest quarter of section 18, township 3 south, range 38 east, Union County; thence east to the centerline of Twelfth Street, a city street, in or near the northeast quarter of the northwest quarter of section 17, township 3 south, range 38 east, Union County; thence southerly on the centerline of Twelfth Street, a city street, to the common line of the north half and the south half of the southeast quarter, in or near the southwest quarter of the southeast quarter, of section 17, township 3 south, range 38 east, Union County; thence east to the centerline of Foothill Road, a county road, in or near the southeast quarter of the southwest quarter of section 16, township 3 south, range 38 east, Union County; thence southerly on the centerline of Foothill Road, a county road, to the centerline of the eastbound lanes of Interstate 84, in or near the southwest quarter of the northeast quarter of section 2, township 4 south, range 38 east, Union County; thence southerly on the centerline of the eastbound lanes of Interstate 84 to the common line of section 2 and section 11, township 4 south, range 38 east, in or near the northeast quarter of the northeast quarter of section 11, township 4 south, range 38 east, Union County; thence east to the northeast corner of the northwest quarter of section 8, township 4 south, range 39 east, Union County; thence south to the northeast corner of the southwest quarter of section 17, township 4 south, range 39 east, Union County; thence east to the northeast corner of the southeast quarter of section 16, township 4 south, range 39 east, Union County; thence south to the northeast corner of section 21, township 4 south, range 39 east, Union County; thence east to the northeast corner of section 22, township 4 south, range 39 east, Union County; thence south to the northeast corner of section 27, township 4 south, range 39 east, Union County; thence east to the northeast corner of section 26, township 4 south, range 39 east, Union County; thence south to the southeast corner of the northeast quarter of section 2, township 5 south, range 39 east, Union County; thence west to the southeast corner of the northeast quarter of section 1, township 5 south, range 38 east, Union County; thence south to the northeast corner of section 13, township 5 south, range 38 east, Union County; thence east to the northeast corner of section 18, township 5 south, range 39 east, Union County; thence south to the southeast corner of section 19, township 5 south, range 39 east, Union County; thence west to the southeast corner of section 24, township 5 south, range 38 east, Union County; thence south to the southeast corner of the northeast quarter of section 36, township 5 south, range 38 east, Union County; thence west to the southeast corner of the of the northeast quarter of section 35, township 5 south, range 38 east, Union County; thence south to the southeast corner of section 11, township 6 south, range 38 east, Union County; thence west to the southeast corner of section 10, township 6 south, range 38 east, Union County; thence south to the southeast corner of section 15, township 6 south, range 38 east, Union County; thence west to the southeast corner of section 16, township 6 south, range 38 east, Union County; thence south to the centerline of Foothill Road, a county road, in or near the northeast quarter of the northeast quarter of section 4, township 7 south, range 38 east, Baker County; thence southerly on the centerline of Foothill Road, a county road, to the common line of section 22 and section 23, township 7 south, range 38 east, in or near the northeast quarter of the southeast quarter of section 22, township 7 south, range 38 east, Baker County; thence south to the common line of township 7 south and township 8 south, in or near the northeast quarter of the northeast quarter of section 3, township 8 south, range 38 east, Baker County; thence east to the northeast corner of section 1, township 8 south, range 38 east, Baker County; thence south to the northeast corner of the southeast quarter of section 25, township 8 south, range 38 east, Baker County; thence east to the northeast corner of the southeast quarter of section 30, township 8 south, range 39 east, Baker County; thence south to the northeast corner of section 6, township 9 south, range 39 east, Baker County; thence east to the northeast corner of the northwest quarter of section 5, township 9 south, range 39 east, Baker County; thence south to the northeast corner of the southeast quarter of the northwest quarter of section 5, township 9 south, range 39 east, Baker County; thence east to the northeast corner of the southeast quarter of the northwest quarter of section 3, township 9 south, range 39 east, Baker County; thence south to the northeast corner of the northwest quarter of section 15, township 9 south, range 39 east, Baker County; thence east to the northeast corner of section 14, township 9 south, range 39 east, Baker County; thence south to the northeast corner of the southeast quarter of section 23, township 9 south, range 39 east, Baker County; thence east to the northeast corner of the southeast quarter of section 24, township 9 south, range 39 east, Baker County; thence south to the northeast corner of section 36, township 10 south, range 39 east, Baker County; thence east to the northwest corner of section 35, township 10 south, range 40 east, Baker County; thence north to the northwest corner of section 26, township 10 south, range 40 east, Baker County; thence east to the northeast corner of section 28, township 10 south, range 41east, Baker County; thence south to the northeast corner of the southeast quarter of the northeast quarter of section 33, township 10 south, range 41 east, Baker County; thence east to the northeast corner of the southeast quarter of the northwest quarter of section 31, township 10 south, range 42 east, Baker County; thence south to the northeast corner of the northwest quarter of section 6, township 11 south, range 42 east, Baker County; thence east to the centerline of the eastbound lanes of Interstate 84, in or near the northeast quarter of the northeast quarter of section 3, township 11 south, range 42 east, Baker County; thence southeasterly on the centerline of the eastbound lanes of Interstate 84 to the common line of township 11 south, range 42 east and township 11 south, range 43 east, in or near the northeast quarter of the northeast quarter of section 12, township 11 south, range 42 east, Baker County; thence south to the common boundary of Baker County and Malheur County, as set forth in ORS 201.010 and 201.230, in or near the southeast quarter of the southeast quarter of section 25, township 13 south, range 42 east, Baker County; thence westerly, northerly and southerly on the common boundary of Baker County and Malheur County, as set forth in ORS 201.010 and 201.230, to the northeast corner of the southeast quarter of the southeast quarter of section 25, township 14 south, range 37 east, Baker County; thence east to the northeast corner of the southwest quarter of the southwest quarter of section 30, township 14 south, range 38 east, Malheur County; thence south to the northeast corner of the northwest quarter of the northwest quarter of section 31, township 14 south, range 38 east, Malheur County; thence east to the northeast corner of section 31, township 14 south, range 38 east, Malheur County; thence south to the northeast corner of the southeast quarter of section 31, township 14 south, range 38 east, Malheur County; thence east to the northeast corner of the northwest quarter of the southwest quarter of section 32, township 14 south, range 38 east, Malheur County; thence south to the northeast corner of the northwest quarter of the northwest quarter of section 5, township 15 south, range 38 east, Malheur County; thence east to the northeast corner of section 5, township 15 south, range 38 east, Malheur County; thence south to the southeast corner of section 20, township 15 south, range 38 east, Malheur County; thence west to the southeast corner of section 19, township 15 south, range 38 east, Malheur County; thence south to the southeast corner of section 30, township 15 south, range 38 east, Malheur County; thence west to the southeast corner of section 27, township 15 south, range 37 east, Malheur County; thence south to the southeast corner of section 34, township 15 south, range 37 east, Malheur County; thence west to the boundary of the John Day-Ochoco Unit of the Central Oregon Forest Protection District, as set forth in OAR 629-041-0515(3), in or near the southwest quarter of the southwest quarter of section 31, township 15 south, range 37 east, Malheur County; thence northerly on the boundary of the John Day-Ochoco Unit of the Central Oregon Forest Protection District, as set forth in OAR 629-041-0515(3),)to the center of the main channel of the North Fork John Day River in section 7, township 7 south, range 29 east, Grant County; thence North to the southwest corner of the southeast section 31, township 6 south, range 29 east, Morrow County; thence west to the southwest corner of section 31, township 6 south, range 25 east, Morrow County; thence north to the northwest corner of section 6, township 6 south, range 25 east, Morrow County; thence east to the southwest corner of section 31, township 5 south, range 25 east, Morrow County; thence north to the northwest corner of section 30, township 5 south, range 25 east, Morrow County; thence east to the northwest corner of section 29, township 5 south, range 25 east, Morrow County; thence north to the northwest corner of section 20, township 5 south, range 25 east, Morrow County; thence east to the northwest corner of section 22, township 5 south, range 25 east, Morrow County; thence north to the northwest corner of the southwest quarter of section 10, township 5 south, range 25 east, Morrow County; thence east to the northeast corner of the southwest quarter of section 11, township 5 south, range 25 east, Morrow County; thence south to the northeast corner of the northwest quarter of section 14, township 5 south, range 25 east, Morrow County; thence east to the northwest corner of the northeast quarter of section 16, township 5 south, range 26 east, Morrow County; thence north to the northwest corner of the northeast quarter of section 4, township 5 south, range 26 east, Morrow County; thence east to the northwest corner of section 6, township 5 south, range 27 east, Morrow County; thence north to the northwest corner of section 31, township 4 south, range 27 east, Morrow County; thence east to the northwest corner of section 32, township 4 south, range 27 east, Morrow County; thence north to the northwest corner of section 29, township 4 south, range 27 east, Morrow County; thence east to the northwest corner of section 27, township 4 south, range 27 east, Morrow County; thence north to the northwest corner of section 15, township 4 south, range 27 east, Morrow County; thence east to the northwest corner of section 14, township 4 south, range 27 east, Morrow County; thence north to the northwest corner of section 11, township 4 south, range 27 east, Morrow County; thence east to the northwest corner of section 12, township 4 south, range 27 east, Morrow County; thence north to the northwest corner of the southwest quarter of section 1, township 4 south, range 27 east, Morrow County; thence east to the northwest corner of the southwest quarter of section 6, township 4 south, range 28 east, Morrow County; thence north to the northwest corner of section 6, township 4 south, range 28 east, Morrow County; thence east to the northwest corner of section 5, township 4 south, range 28 east, Morrow County; thence north to the northwest corner of section 32, township 3 south, range 28 east, Morrow County; thence east to the northwest corner of section 31, township 3 south, range 30 east, Umatilla County; thence north to the northwest corner of section 6, township 3 south, range 30 east, Umatilla County; ; thence east to the southwest corner of section 33, township 2 south, range 32 east, Umatilla County; thence north to the northwest corner of section 28, township 2 south, range 32 east, Umatilla County; thence east to the northeast corner of section 25, township 2 south, range 32 east, Umatilla County; thence north to the northwest corner of section 30, township 1 south, range 33 east, Umatilla County; thence east to the northwest corner of section 28, township 1 south, range 33 east, Umatilla County; thence north to the southwest corner of section 9, township 1 south, range 33 east, Umatilla County; thence west to the southwest corner of section 7, township 1 south, range 33 east, Umatilla County; thence north to the northwest corner of section 6, township 1 south, range 33 east, Umatilla County; thence east to the southwest corner of the southeast quarter of section 33, township 1 north, range 33 east, Umatilla County; thence north to the northwest corner of the southwest quarter of the southeast quarter of section 28, township 1 north, range 33 east, Umatilla County; thence east to the northwest corner of the southwest quarter of the southwest quarter of section 27, township 1 north, range 33 east, Umatilla County; thence north to the northwest corner of section 27, township 1 north, range 33 east, Umatilla County; thence east to the northwest corner of the northeast quarter of the northwest quarter of section 27, township 1 north, range 33 east, Umatilla County; thence north to the northwest corner of the northeast quarter of the northwest quarter of section 22, township 1 north, range 33 east, Umatilla County; thence east to the northwest corner of the northeast quarter of section 22, township 1 north, range 33 east, Umatilla County; thence north to the northwest corner of the northeast quarter of section 15, township 1 north, range 33 east, Umatilla County; thence east to the northwest corner of the northeast quarter of section 14, township 1 north, range 33 east, Umatilla County; thence north to the northwest corner of the northeast quarter of section 2, township 1 north, range 33 east, Umatilla County; thence east to the northwest corner of section 1, township 1 north, range 33 east, Umatilla County; thence north to the northwest corner of section 36, township 2 north, range 33 east, Umatilla County; thence east to the northwest corner of section 31, township 2 north, range 34 east, Umatilla County; thence north to the northwest corner of section 30, township 2 north, range 34 east, Umatilla County; thence east to the northwest corner of section 29, township 2 north, range 34 east, Umatilla County; thence north to the northwest corner of the southwest quarter of section 20, township 2 north, range 34 east, Umatilla County; thence east to the northwest corner of the southeast quarter of section 20, township 2 north, range 34 east, Umatilla County; thence north to the northwest corner of the southwest quarter of the northeast quarter of section 20, township 2 north, range 34 east, Umatilla County; thence east to the northwest corner of the southwest quarter of the northwest quarter of section 21, township 2 north, range 34 east, Umatilla County; thence north to the northwest corner of section 21, township 2 north, range 34 east, Umatilla County; thence east to the northwest corner of section 23, township 2 north, range 34 east, Umatilla County; thence north to the southwest corner of the northwest quarter of section 14, township 2 north, range 34 east, Umatilla County; thence west to the southwest corner of the southeast quarter of the northeast quarter of section 15, township 2 north, range 34 east, Umatilla County; thence north to the northwest corner of the northeast quarter of the southeast quarter of section 10, township 2 north, range 34 east, Umatilla County; thence east to the northwest corner of the southwest quarter of section 7, township 2 north, range 35 east, Umatilla County; thence north to the northwest corner of section 6, township 2 north, range 35 east, Umatilla County; thence west to the southwest corner of section 31, township 3 north, range 35 east, Umatilla County; thence north to the northwest corner of the southwest quarter of section 31, township 3 north, range 35 east, Umatilla County; thence east to the northwest corner of the southwest quarter of section 33, township 3 north, range 35 east, Umatilla County; thence north to the northwest corner of section 33, township 3 north, range 35 east, Umatilla County; thence east to the northwest corner of the northeast quarter of the northwest quarter of section 35, township 3 north, range 35 east, Umatilla County; thence north to the northwest corner of the northeast quarter of the southwest quarter of section 26, township 3 north, range 35 east, Umatilla County; thence east to the northwest corner of the southeast quarter of section 26, township 3 north, range 35 east, Umatilla County; thence north to the northwest corner of the northeast quarter of section 26, township 3 north, range 35 east, Umatilla County; thence east to the northwest corner of the northeast quarter of the northeast quarter of section 26, township 3 north, range 35 east, Umatilla County; thence north to the northwest corner of the southeast quarter of the southeast quarter of section 23, township 3 north, range 35 east, Umatilla County; thence east to the northwest corner of the southwest quarter of the southwest quarter of section 24, township 3 north, range 35 east, Umatilla County; thence north to the southwest corner of the northwest quarter of section 13, township 3 north, range 35 east, Umatilla County; thence west to the southwest corner of the northeast quarter of section 14, township 3 north, range 35 east, Umatilla County; thence north to the southwest corner of the southeast quarter of section 11, township 3 north, range 35 east, Umatilla County; thence west to the southwest corner of section 11, township 3 north, range 35 east, Umatilla County; thence north to the northwest corner of section 26, township 4 north, range 35 east, Umatilla County; thence east to the northwest corner of section 25, township 4 north, range 35 east, Umatilla County; thence north to the northwest corner of section 24, township 4 north, range 35 east, Umatilla County; thence east to the northwest corner of section 19, township 4 north, range 36 east, Umatilla County; thence north to the northwest corner of section 18, township 4 north, range 36 east, Umatilla County; thence east to the northwest corner of section 15, township 4 north, range 36 east, Umatilla County; thence north to the northwest corner of section 3, township 4 north, range 36 east, Umatilla County; thence east to the southwest corner of section 31, township 5 north, range 37 east, Umatilla County; thence north to the point of beginning.

History

Statutory/Other Authority: ORS 477.225
Statutes/Other Implemented: ORS 477.225
DOF 1-2025, amend filed 06/26/2025, effective 07/01/2026
DOF 8-2004, f. & cert. ef. 9-10-04
DOF 10-1998, f. & cert. ef. 8-13-98

Or. Admin. R. 629-041-0555 Northwest Oregon Forest Protection District Boundary

The boundary of the Northwest Oregon Forest Protection District is as follows: Beginning at the point where the ocean shore line of vegetation, as set forth in ORS 390.770, and the line of ordinary high water of the Columbia River intersect, at the south jetty of the Columbia River, in or near the northwest quarter of the northeast quarter of section 34, township 9 north, range 11 west, Clatsop County; thence easterly and southerly on the line of ordinary high water of the Columbia River to the line of ordinary high water of the Multnomah Channel of the Willamette River, in or near northeast quarter of the southwest quarter of section 3, township 4 north, range, 1 west, Columbia County; thence southwesterly on the line of ordinary high water of the Multnomah Channel of the Willamette River to the common line of section 19 and section 30, in or near the southwest quarter of the southwest quarter of section 19, township 3 north, range 1 west, Columbia County; thence west to the centerline of U.S. Highway 30 in or near the southwest quarter of the southeast quarter of section 24, township 3 north, range 2 west, Columbia County; thence southerly on the centerline of U.S. Highway 30 to the common line of township 1 north and township 2 north, in or near the southwest quarter of the southeast quarter of section 34, township 2 north, range 1 west, Multnomah County; thence west to the southwest corner of section 36, township 2 north, range 2 west, Multnomah County; thence north to the southwest corner of section 25, township 2 north, range 2 west, Multnomah County; thence west to the southwest corner of section 26, township 2 north, range 2 west, Multnomah County; thence north to the southwest corner of section 23, township 2 north, range 2 west, Multnomah County; thence west to the southwest corner of section 23, township 2 north, range 3 west, Washington County; thence north to the southwest corner of the northwest quarter of the southwest quarter of section 23, township 2 north, range 3 west, Washington County; thence west to the southeast corner of the northwest quarter of the southeast quarter of section 22, township 2 north, range 3 west, Washington County; thence south to the southeast corner of the southwest quarter of the southeast quarter of section 22, township 2 north, range 3 west, Washington County; thence west to the southwest corner of section 20, township 2 north, range 3 west, Washington County; thence north to the southwest corner of section 17, township 2 north, range 3 west, Washington County; thence west to the southwest corner of section 18, township 2 north, range 3 west, Washington County; thence north to the southwest corner of section 7, township 2 north, range 3 west, Washington County; thence west to the southwest corner of section 11, township 2 north, range 4 west, Washington County; thence north to the southwest corner of section 2, township 2 north, range 4 west, Washington County; thence west to the southwest corner of section 3, township 2 north, range 4 west, Washington County; thence north to the southwest corner of section 34, township 3 north, range 4 west, Washington County; thence west to the southeast corner of section 31, township 3 north, range 4 west, Washington County; thence south to the northeast corner of the southeast quarter of the southeast quarter of section 6, township 2 north, range 4 west, Washington County; thence east to the northeast corner of the southwest quarter of the southwest quarter of section 5, township 2 north, range 4 west, Washington County; thence south to the northeast corner of the northwest quarter of the northwest quarter of section 8, township 2 north, range 4 west, Washington County; thence east to the northeast corner of section 8, township 2 north, range 4 west, Washington County; thence south to the northeast corner of the southeast quarter of the northeast quarter of section 8, township 2 north, range 4 west, Washington County; thence east to the northeast corner of the southeast quarter of the northwest quarter of section 9, township 2 north, range 4 west, Washington County; thence south to the southeast corner of the southeast quarter of the northwest quarter of section 9, township 2 north, range 4 west, Washington County; thence west to the southeast corner of the southwest quarter of the northwest quarter of section 9, township 2 north, range 4 west, Washington County; thence south to the southeast corner of the northwest quarter of the southwest quarter of section 9, township 2 north, range 4 west, Washington County; thence west to the southeast corner of the northeast quarter of the southeast quarter of section 8, township 2 north, range 4 west, Washington County; thence south to the northeast corner of section 17, township 2 north, range 4 west, Washington County; thence east to the northeast corner of the northwest quarter of section 15, township 2 north, range 4 west, Washington County; thence south to the northeast corner of the southwest quarter of section 15, township 2 north, range 4 west, Washington County; thence east to the northeast corner of the southeast quarter of section 15, township 2 north, range 4 west, Washington County; thence south to the northeast corner of section 22, township 2 north, range 4 west, Washington County; thence east to the northeast corner of the northwest quarter of section 23, township 2 north, range 4 west, Washington County; thence south to the southeast corner of the northeast quarter of the southwest quarter of section 33, township 2 north, range 4 west, Washington County; thence west to the southwest corner of the northwest quarter of the southeast quarter of section 34, township 2 north, range 4 west, Washington County; thence north to the southwest corner of the northeast quarter of section 34, township 2 north, range 4 west, Washington County; thence west to the southeast corner of the northwest quarter of section 33, township 2 north, range 4 west, Washington County; thence south to the southeast corner of the northeast quarter of the southwest quarter of section 33, township 2 north, range 4 west, Washington County; thence west to the southwest corner of the northeast quarter of the southwest quarter of section 33, township 2 north, range 4 west, Washington County; thence north to the southwest corner of the southeast quarter of the northwest quarter of section 33, township 2 north, range 4 west, Washington County; thence west to the southwest corner of the southeast quarter of the northeast quarter of section 32, township 2 north, range 4 west, Washington County; thence north to the southwest corner of the southeast quarter of the southeast quarter of section 29, township 2 north, range 4 west, Washington County; thence west to the southeast corner of section 26, township 2 north, range 5 west, Washington County; thence south to the northeast corner of section 11, township 1 north, range 5 west, Washington County; thence east to the northeast corner of the northwest quarter of section 7, township 1 north, range 4 west, Washington County; thence south to the northeast corner of the southwest quarter of section 18, township 1 north, range 4 west, Washington County; thence east to the northeast corner of the northwest quarter of the southeast quarter of section 17, township 1 north, range 4 west, Washington County; thence south to the northeast corner of the northwest quarter of the northeast quarter of section 20, township 1 north, range 4 west, Washington County; thence east to the northeast corner of the northwest quarter of the northeast quarter of the northeast quarter of section 20, township 1 north, range 4 west, Washington County; thence south to the northeast corner of the northwest quarter of the northeast quarter of the southeast quarter of section 20, township 1 north, range 4 west, Washington County; thence east to the northeast corner of the southeast quarter of section 20, township 1 north, range 4 west, Washington County; thence south to the northeast corner of section 29, township 1 north, range 4 west, Washington County; thence east to the northeast corner of the northwest quarter of the northeast quarter of the northwest quarter of section 28, township 1 north, range 4 west, Washington County; thence south to the northeast corner of the southwest quarter of the northeast quarter of the northwest quarter of section 28, township 1 north, range 4 west, Washington County; thence east to the northeast corner of the southeast quarter of the northeast quarter of the northwest quarter of section 28, township 1 north, range 4 west, Washington County; thence south to the northeast corner of the southwest quarter of section 28, township 1 north, range 4 west, Washington County; thence east to the northeast corner of the southeast quarter of section 28, township 1 north, range 4 west, Washington County; thence south to the northeast corner of section 4, township 1 south, range 4 west, Washington County; thence east to the northeast corner of the northwest quarter of section3, township 1 south, range 4 west, Washington County; thence south to the northeast corner of the northwest quarter of section 15, township 1 south, range 4 west, Washington County; thence east to the northeast corner of the northwest quarter of section 14, township 1 south, range 4 west, Washington County; thence south to the centerline of Old Highway 47, a county road, in or near the northeast quarter of the southwest] quarter of section 23, township 1 south, range 4 west, Washington County; thence southwesterly on the centerline of Old Highway 47, a county road, to the centerline of Scoggins Valley Road, a county road, in or near the northwest quarter of the northwest quarter of section 26, township 1 south, range 4 west, Washington County; thence westerly and northwesterly on the centerline of Scoggins Valley Road, a county road, to the common line of section 20 and section 21, in or near the northwest quarter of the northwest quarter of section 21, township 1 south, range 4 west, Washington County; thence north to the southwest corner of the northwest quarter of section 16, township 1 south, range 4 west, Washington County; thence west to the southwest corner of the northeast quarter of section 17, township 1 south, range 4 west, Washington County; thence north to the southwest corner of the northwest quarter of the northwest quarter of the northwest quarter of the northeast quarter of section 17, township 1 south, range 4 west, Washington County; thence west to the southeast corner of the northeast quarter of the northwest quarter of the northwest quarter of the northwest quarter of section 18, township 1 south, range 4 west, Washington County; thence south to the southeast corner of the northwest quarter of the northwest quarter of the northwest quarter of section 18, township 1 south, range 4 west, Washington County; thence west to the southeast corner of the northeast quarter of the northeast quarter of the northeast quarter of section 13, township 1 south, range 5 west, Washington County; thence south to the southeast corner of section 24, township 1 south, range 5 west, Washington County; thence west to the southeast corner of section 23, township 1 south, range 5 west, Washington County; thence south to the southeast corner of the northeast quarter of the northeast quarter of section 26, township 1 south, range 5 west, Washington County; thence west to the southeast corner of the northwest quarter of the northeast quarter of section 26, township 1 south, range 5 west, Washington County; thence south to the northeast corner of the northwest quarter of the southeast quarter of section 35, township 1 south, range 5 west, Washington County; thence east to the northeast corner of the southwest quarter of section 36, township 1 south, range 5 west, Washington County; thence south to the northeast corner of the northwest quarter of section 1, township 2 south, range 5 west, Yamhill County; thence east to the centerline of Oregon Highway 47 in or near the northeast quarter of the northeast quarter of section 2, township 2 south, range 4 west, Yamhill County; thence southerly on the centerline of Oregon Highway 47 to the centerline of U.S. Highway 99 West, in or near the southeast quarter of the southeast quarter of section 10, township 4 south, range 4 west, Yamhill County; thence southwesterly on the centerline of U.S. Highway 99 West to the centerline of Oregon Highway 18, in or near the southeast quarter of the northwest quarter of section 29, township 4 south, range 4 west, Yamhill County; thence southwesterly on the centerline of Oregon Highway 18 to the centerline of Oregon Highway 18 Business, in or near the southeast quarter of the northwest quarter of section 36, township 5 south, range 6 west, Yamhill County; thence westerly on the centerline of Oregon Highway 18 Business, to the boundary of the West Oregon Forest Protection District, as set forth in OAR 629-041-0570, in or near the southeast quarter of the northeast quarter of section 33, township 5 south, range 6 west, Yamhill County; thence northerly, westerly and southerly on the boundary of the West Oregon Forest Protection District, as set forth in OAR 629-041-0570, to the ocean shore line of vegetation, as set forth in ORS 390.770, in or near section 10, township 6 south, range 11 west, Tillamook County; thence northerly on the ocean shore line of vegetation, as set forth in ORS 390.770, to the point of beginning.

History

Statutory/Other Authority: ORS 477.225
Statutes/Other Implemented: ORS 477.225
DOF 3-2008, f. & cert. ef. 5-12-08
DOF 10-1998, f. & cert. ef. 8-13-98

Or. Admin. R. 629-041-0557 South Cascade Forest Protection District Boundary

The boundary of the South Cascade Forest Protection District is as follows: Beginning at the point where the boundary of the North Cascade Forest Protection District, as set forth in OAR 629-041-0547, passes through the junction of Fish Hatchery Drive, a county road, and Larwood Drive, a county road, in or near the southwest quarter of the northwest quarter of section 7, township 11 south, range 1 east, Linn County; thence easterly on the boundary of the North Cascade Forest Protection District, as set forth in OAR 629-041-0547, to the boundary of the Deschutes Unit of the Central Oregon Forest Protection District, as set forth in OAR 629-041-0515(2), in or near the northeast quarter of the southeast quarter of section 25, township 12 south range 7 1/2 east, Linn County; thence southerly on the boundary of the Deschutes Unit of the Central Oregon Forest Protection District, as set forth in OAR 629-041-0515(2), to the boundary of Klamath County, as set forth in ORS 201.180, in or near the southeast quarter of the southeast quarter of section 33, township 22 south, range 6 east, Lane County; thence southerly on the common boundary of Klamath County and Lane County, as set forth in ORS 201.180 and 201.200, to the boundary of the Douglas Forest Protection District, as set forth in OAR 629-041-0530, in or near northeast quarter of the northwest quarter of section 4, township 25 south, range 5 1/2 east, Lane County; thence westerly on the boundary of the Douglas Forest Protection District, as set forth in OAR 629-041-0530, to the boundary of the Western Lane Forest Protection District, as set forth in OAR 629-041-0575, in or near southeast quarter of the southeast quarter of section 11, township 21 south, range 4 west, Lane County; thence easterly on the boundary of the Western Lane Forest Protection District, as set forth in OAR 629-041-0575, to the common line of section 11 and section 12, township 21 south, range 4 west, in or near the southwest quarter of the southwest quarter of section 12, township 21 south, range 4 west, Lane County; thence south to the center of the northbound lanes of Interstate 5 in or near the northwest quarter of the northwest quarter of section 13, township 21 south, range 4 west, Lane County; thence easterly on the centerline of the northbound lanes of Interstate 5 to the centerline of Latham Road, a county road, in or near the southwest quarter of the southeast quarter of section 8, township 21 south, range 3 west, Lane County; thence southeasterly on the centerline of Latham Road, a county road, to the centerline of Black Butte Road, a county road, in or near the northwest quarter of the northwest quarter of section 9, township 21 south, range 3 west, Lane County; thence northerly on the centerline of Black Butte Road, a county road, to the centerline of the northbound lane of Interstate 5 in or near the northeast quarter of the southwest quarter of section 4, township 21 south, range 3 west, Lane County; thence northerly on the centerline of the northbound lanes of Interstate 5 to the common line of section 28 and section 33, township 20 south, range 3 west, in or near the northeast quarter of the northeast quarter of section 33, township 20 south, range 3 west, Lane County; thence east to the centerline of Mosby Creek Road, a county road, in or near the northwest quarter of the northeast quarter of section 34, township 20 south, range 3 west, Lane County; thence southeasterly on the centerline of Mosby Creek Road, a county road, to the centerline of Laying Road, a county road, in or near the northeast quarter of the northeast quarter of section 2, township 21 south, range 3 west, Lane County; thence northerly on the centerline of Laying Road, a county road, to the centerline of Row River Road, a county road, in or near the northwest quarter of the northeast quarter of section 36, township 20 south, range 3 west, Lane County; thence westerly on the centerline of Row River Road, a county road, to the centerline of Sears Road, a county road, in or near the southeast quarter of the northwest quarter of section 35, township 20 south, range 3 west, Lane County; thence northerly on the centerline of Sears Road, a county road, to the centerline of Oregon Highway 222, in or near the northeast quarter of the southeast quarter of section 13, township 19 south, range 3 west, Lane County; thence easterly on the centerline of Oregon Highway 222 to the centerline of Danstrom Road, a county road, in or near the southeast quarter of the southeast quarter of section 7, township 19 south, range 2 west, Lane County; thence easterly on the centerline of Danstrom Road, a county road, to the centerline of Rodgers Road, a county road, in or near the southwest quarter of the southwest quarter of section 8, township 19 south, range 2 west, Lane County; thence southeasterly on the centerline of Rodgers Road, a county road, to the centerline of Enterprise Road, a county road, in or near the southeast quarter of the northwest quarter of section 17, township 19 south, range 2 west, Lane County; thence northeasterly on the centerline of Enterprise Road, a county road, to the centerline of Oregon Highway 58, in or near the southeast quarter of the northwest quarter of section 34, township 18 south, range 2 west, Lane County; thence southeasterly on the centerline of Oregon Highway 58 to the centerline of Dexter Road, a county road, in or near the northeast quarter of the southeast quarter of section 8, township 19 south, range 1 west, Lane County; thence southeasterly on the centerline of Dexter Road, a county road, to the centerline of Oregon Highway 58 in or near the northwest quarter of the southeast quarter of section 16, township 19 south, range 1 west, Lane County; thence easterly on the centerline of Oregon Highway 58 to the common line of section 23 and section 24, township 19 south, range 1 west, in or near the northwest quarter of the northwest quarter of section 24, township 19 south, range 1 west, Lane County; thence north to the centerline of the Bonneville Power Administration's Lookout Point-Alvery Powerline in or near the southwest quarter of the northwest quarter of section 13, township 19 south, range 1 west, Lane County; thence northwesterly on the centerline of the Bonneville Power Administration's Lookout Point-Alvery Powerline to the common line of section 10 and section 11, township 19 south, range 1 west, in or near the northwest quarter of the southwest quarter of section 11, township 19 south, range 1 west, Lane County; thence south to the centerline of Pengra Road, a county road, in or near the southwest quarter of the northwest quarter of section 14, township 19 south, range 1 west, Lane County; thence northwesterly on the centerline of Pengra Road, a county road, to the common line of section 9 and section 10, township 19 south, range 1 west, in or near the southwest quarter of the southwest quarter of section 10, township 19 south, range 1 west, Lane County; thence south to the center of the main channel of Middle Fork Willamette River in or near the northeast quarter of the northeast quarter of section 16, township 19 south, range 1 west, Lane County; thence northwesterly on the center of the main channel of Middle Fork Willamette River to the common line of section 30, township 18 south, range 1 west and section 25, township 18 south, range 2 west, in or near the southwest quarter of the southwest quarter of section 30, township 18 south, range 1 west, Lane County; thence north to the centerline of Jasper-Lowell Road, a county road, in or near the southwest quarter of the southwest quarter of section 30, township 18 south, range 1 west, Lane County; thence northwesterly on the centerline of Jasper-Lowell Road, a county road, to the centerline of Oregon Highway 222 in or near the southwest quarter of the southwest quarter of section 14, township 18 south, range 2 west, Lane County; thence northwesterly on the centerline of Oregon Highway 222 to the centerline of the Bonneville Power Administration's Marion-Alvery Powerline in or near the southwest quarter of the northwest quarter of section 10, township 18 south, range 2 west, Lane County; thence northeasterly on the centerline of the Bonneville Power Administration's Marion-Alvery Powerline to the centerline of Weyerhaeuser-Booth Kelly Road, a private road, in or near the northwest quarter of the southeast quarter of section 10, township 18 south, range 2 west, Lane County; thence northwesterly on the centerline of Weyerhaeuser-Booth Kelly Road, a private road, to the common line of section 3 and section 4, township 18 south, range 2 west, in or near the northwest quarter of the northwest quarter of section 3, township 18 south, range 2 west, Lane County; thence north to the centerline of Oregon Highway 126 in or near the northwest quarter of the southwest quarter of section 34, township 17 south, range 2 west, Lane County; thence easterly on the centerline of Oregon Highway 126 to the centerline of South 67th Street, a city street, in or near the northeast quarter of the southeast quarter of section 34, township 17 south, range 2 west, Lane County; thence southerly directly to the southwest corner of Donation Land Claim 37 in or near the southeast quarter of the northeast quarter of section 3, township 18 south, range 2 west, Lane County; thence easterly directly to the southeast corner of Donation Land Claim 37 in or near the southeast quarter of the northwest quarter of section 2, township 18 south, range 2 west, Lane County; thence northerly directly to the southwest corner of Donation Land Claim 85 in or near the northeast quarter of the northwest quarter of section 2, township 18 south, range 2 west, Lane County; thence easterly directly to the southeast corner of Donation Land Claim 85 in or near the northeast quarter of the northeast quarter of section 2, township 18 south, range 2 west, Lane County; thence northerly directly to the southeast corner of Donation Land Claim 54 in or near the southeast quarter of the southeast quarter of section 35, township 17 south, range 2 west, Lane County; thence northerly directly toward the east northeast corner of Donation Land Claim 54 to the centerline of Oregon Highway 126 in or near the northeast quarter of the southeast quarter of section 35, township 17 south, range 2 west, Lane County; thence northeasterly on the centerline of Oregon Highway 126 to the center of the main channel of McKenzie River in or near the northeast quarter of the northeast quarter of section 32, township 17 south, range 1 west, Lane County; thence northeasterly on the centerline of the main channel of McKenzie River to the common line of section 23 and section 24, township 17 south, range 1 west, in or near the southeast quarter of the southeast quarter of section 23, township 17 south, range 1 west, Lane County; thence south to the centerline of Deerhorn Road, a county road, in or near the southwest quarter of the southwest quarter of section 24, township 17 south, range 1 west, Lane County; thence northeasterly on the centerline of Deerhorn Road, a county road, to the centerline of Bridge Street, a county road, in or near the northwest quarter of the southeast quarter of section 17, township 17 south, range 1 east, Lane County; thence northerly on the centerline of Bridge Street, a county road, to the centerline of Holden Creek Lane, a county road, in or near the southeast quarter of the northwest quarter of section 17, township 17 south, range 1 east, Lane County; thence westerly on the centerline of Holden Creek Lane, a county road, to the centerline of Oregon Highway 126 in or near the southeast quarter of the northwest quarter of section 17, township 17 south, range 1 east, Lane County; thence southwesterly on the centerline of Oregon Highway 126 to the centerline of the Walterville Canal in or near the northwest quarter of the northwest quarter of section 27, township 17 south, range 1 west, Lane County; thence westerly on the centerline of the Walterville Canal to the centerline of Camp Creek Road, a county road, in or near the northeast quarter of the northwest corner of section 29, township 17 south, range 1 west, Lane County; thence westerly on the centerline of Camp Creek Road, a county road, to the centerline of Marcola Road, a county road, in or near the southwest quarter of the southwest quarter of section 20, township 17 south, range 2 west, Lane County; thence northeasterly on the centerline of Marcola Road, a county road, to the centerline of Thompson Road, a county road, in or near the northeast quarter of the southwest quarter of section 3, township 17 south, range 2 west, Lane County; thence northeasterly on the centerline of Thompson Road, a county road, to the common line of section 35, township 16 south, range 2 west and section 2, township 17 south, range 2 west, in or near the northwest quarter of the northwest quarter of section 2, township 17 south, range 2 west, Lane County; thence east to the northwest corner of the northeast quarter of section 2, township 17 south, range 2 west, Lane County; thence north to the center of the main channel of Mohawk River, in or near the southwest quarter of the northeast quarter of section 26, township 16 south, range 2 west, Lane County; thence northeasterly on the center of the main channel of Mohawk River to the center of the main channel of Parsons Creek, in or near the northwest quarter of the southeast quarter of section 24, township 16 south, range 2 west, Lane County; thence northerly on the center of the main channel of Parsons Creek to the centerline of Marcola Road, a county road, in or near the northeast quarter of the northwest quarter of section 24, township 16 south, range 2 west, Lane County; thence southwesterly on the centerline of Marcola Road, a county road, to the centerline of Donna Road, a county road, in or near the southeast quarter of the southwest quarter of section 23, township 16 south, range 2 west, Lane County; thence southwesterly on the centerline of Donna Road, a county road, to the centerline of Hill Road, a county road, in or near northeast quarter of the northwest quarter of section 34, township 16 south, range 2 west, Lane County; thence southwesterly on the centerline of Hill Road, a county road, to the centerline of McKenzie View Drive, a county road, in or near the northeast quarter of the northwest quarter of section 17, township 17 south, range 2 west, Lane County; thence westerly on the centerline of McKenzie View Drive, a county road, to the eastern side of the Interstate 5 right of way, in or near the northwest quarter of the northwest quarter of section 10, township 17 south, range 3 west, Lane County; thence northerly on the eastern side of the Interstate 5 right of way to the common line of section 3 and section 4, township 17 south, range 3 west, in or near the northwest quarter of the southwest quarter of section 3, township 17 south, range 3 west, Lane County; thence north to the northwest corner of section 3, township 17 south, range 3 west, Lane County; thence east to the northwest corner of section 2, township 17 south, range 3 west, Lane County; thence north to the centerline of Van Duyn Road, a county road, in or near the southwest quarter of the northwest quarter of section 35, township 16 south, range 3 west, Lane County; thence east to the common line of the east half and the west half of section 35, township 16 south, range 3 west, Lane County; thence north to the southwest corner of the northeast quarter of section 26, township 16 south, range 3 west, Lane County; thence west to the southwest corner of the northwest quarter of section 26, township 16 south, range 3 west, Lane County; thence north to the southwest corner of the northwest quarter of section 23, township 16 south, range 3 west, Lane County; thence west to the southwest corner of the northeast quarter of section 22, township 16 south, range 3 west, Lane County; thence north to the northwest corner of the northeast quarter of section 10, township 16 south, range 3 west, Lane County; thence east to the northwest corner of section 11, township 16 south, range 3 west, Lane County; thence north to the centerline of Priceboro Drive, a county road, in or near the northwest quarter of the northwest quarter of section 26, township 15 south, range 3 west, Linn County; thence easterly on the centerline of Priceboro Drive, a county road, to the centerline of Gap Road, a county road, in or near the northeast quarter of the northeast quarter of section 26, township 15 south, range 3 west, Linn County; thence northerly and easterly on the centerline of Gap Road, a county road, to the common line of section 13 and section 24, township 15 south, range 3 west, in or near the northwest quarter of the northwest quarter of section 24, township 15 south, range 3 west, Linn County; thence east to the southwest corner of section 18, township 15 south, range 2 west, Linn County; thence north to the northwest corner of section 18, township 15 south, range 2 west, Linn County; thence east to the northwest corner of section 17, township 15 south, range 2 west, Linn County; thence north to the southwest corner of section 32, township 14 south, range 2 west, Linn County; thence west to the centerline of Gap Road, a county road, in or near the southwest quarter of the southeast quarter of section 36, township 14 south, range 3 west, Linn County; thence northerly on the centerline of Gap Road, a county road, to the common line of section 7 and section 18, township 14 south, range 2 west, in or near the northwest quarter of the northwest quarter of section 18, township 14 south, range 2 west, Linn County; thence east to the northwest corner of the northeast quarter of the northwest quarter of section 14, township 14 south, range 2 west, Linn County; thence north to the southwest corner of the southeast quarter of the southwest quarter of section 2, township 14 south, range 2 west, Linn County; thence west to the southwest corner of section 2, township 14 south, range 2 west, Linn County; thence north to the centerline of Northern Drive, a county road, in or near the northwest quarter of the southeast quarter of section 2, township 14 south, range 2 west, Linn County; thence westerly and northwesterly on the centerline of Northern Drive, a county road, to the centerline of the Brownsville Ditch irrigation canal in or near the northeast quarter of the northwest quarter of section 4, township 14 south, range 2 west, Linn County; thence westerly on the centerline of Brownsville Ditch irrigation canal to the common line of section 31 and section 32, township 13 south, range 2 west, Linn County; thence north to the centerline of Brownsville Road, a county road, in or near the southwest quarter of the southwest quarter of section 5, township 13 south, range 2 west, Linn County; thence northerly on the centerline of Brownsville Road, a county road, to the centerline of Rock Hill Drive, a county road, in or near the northwest quarter of the southeast quarter of section 32, township 12 south, range 2 west, Linn County; thence easterly on the centerline of Rock Hill Drive, a county road, to the centerline of Ty Valley Drive, a county road, in or near the northeast quarter of the southeast quarter of section 27, township 12 south, range 2 west, Linn County; thence southerly on the centerline of Ty Valley Drive, a county road, to the common line of section 34, township 12 south, range 2 west and section 3, township 13 south, range 2 west, in or near the southeast quarter of the southeast quarter of section 34, township 12 south, range 2 west, Linn County; thence east to the northwest corner of section 6, township 13 south, range 1 west, Linn County; thence north to the centerline of Maple Street, a county road, in or near the northwest corner of the southwest quarter of section 31, township 12 south, range 1 west, Linn County; thence westerly on the centerline of Maple Street, a county road, to the centerline of Washington Street, a county road, in or near the southeast quarter of the northeast quarter of section 36, township 12 south, range 2 west, Linn County; thence northerly on the centerline of Washington Street, a county road, to the centerline of Main Street, a county road, in or near the southeast quarter of the northeast quarter of section 36, township 12 south, range 2 west, Linn County; thence westerly on the centerline of Main Street, a county road, to the centerline of Sodaville Road, a county road, in or near the southeast quarter of the northeast quarter of section 36, township 12 south, range 2 west, Linn County; thence northerly on the centerline of Sodaville Road, a county road, to the centerline of Cascade Drive, a county road, in or near the southwest quarter of the northeast quarter of section 25, township 12 south, range 2 west, Linn County; thence easterly on the centerline of Cascade Drive, a county road, to the centerline of Oregon Highway 20, in or near the southwest quarter of the northeast quarter of section 30, township 12 south, range 1 west, Linn County; thence easterly and southerly on the centerline of Oregon Highway 20 to the centerline of Waterloo Road, a county road, in or near the northeast quarter of the northwest quarter of section 32, township 12 south, range 1 west, Linn County; thence easterly and northerly on the centerline of Waterloo Road, a county road, to the centerline of Berlin Road, a county road, in or near the northwest quarter of the southwest quarter of section 22, township 12 south, range 1 west, Linn County; thence easterly on the centerline of Berlin Road, a county road, to the centerline of Bellinger Scale Road, a county road, in or near the northeast quarter of the southwest quarter of section 22, township 12 south, range 1 west, Linn County; thence northerly on the centerline of Bellinger Scale Road, a county road, to the centerline of Mt. Pleasant Road, a county road, in or near the northwest quarter of the northeast quarter of section 10, township 12 south, range 1 west, Linn County; thence easterly and northerly on the centerline of Mt. Pleasant Road, a county road, to the centerline of Lacomb Drive , a county road, in or near the southeast quarter of the southwest quarter of section 25, township 11 south, range 1 west, Linn County; thence easterly and northerly on the centerline of Lacomb Drive, a county road, to the centerline of Meridian Road, a county road, in or near the northwest quarter of the southwest quarter of section 30, township 11 south, range 1 east, Linn County; thence northerly on the centerline of Meridian Road, a county road, to the centerline of East Lacomb Road, a county road, in or near the southwest quarter of the northwest quarter of section 30, township 11 south, range 1 east, Linn County; thence easterly, northerly and westerly on the centerline of East Lacomb Road, a county road, to the centerline of Meridian Road, a county road, in or near the northwest quarter of the northwest quarter of section 18, township 11 south, range 1 east, Linn County; thence northerly on the centerline of Meridian Road, a county road, to the centerline of Fish Hatchery Drive, a county road, in or near the southeast quarter of the northeast quarter of section 12, township 11 south, range 1 west, Linn County; thence northerly on the centerline of Fish Hatchery Drive, a county road, to the point of beginning.

History

Statutory/Other Authority: ORS 477.225
Statutes/Other Implemented: ORS 477.225
DOF 2-2008, f. & cert. ef. 5-12-08
DOF 7-2005, f. 12-5-05, cert. ef. 7-1-06

Or. Admin. R. 629-041-0560 Southwest Oregon Forest Protection District Boundary

The boundary of the Southwest Oregon Forest Protection District is as follows: Beginning at the point where the common boundary of Curry County and Josephine County, as set forth in ORS 201.080 and 201.170, intersect with the southern boundary of the state of Oregon, as set forth in ORS 201.005, in or near section 13, township 41 south, range 10 west, Josephine County; thence northerly on the common boundary of Curry County and Josephine County, as set forth in ORS 210.080 and 201.170, to the common line between the north half and the south half of the southeast quarter of section 1, township 34 south, range 10 west, Josephine County; thence east to the northwest corner of the southeast quarter of the southeast quarter of section 1, township 34 south, range 10 west, Curry County; thence north to the southwest corner of the northeast quarter of the northeast quarter of section 1, township 34 south, range 10 west, Curry County; thence west to the southwest corner of the northwest quarter of the northeast quarter of section 1, township 34 south, range 10 west, Curry County; thence north to the common line between section 1, township 34 south, range 10 west and section 36, township 33 south, range 10 west, Curry County: thence west to the southwest corner of the southeast quarter of section 36, township 33 south, range 10 west, Curry County; thence north to the southwest corner of the northeast quarter of section 36, township 33 south, range 10 west, Curry County; thence west to the southwest corner of the northwest quarter of section 36, township 33 south, range 10 west, Curry County; thence north to the southwest corner of the northwest quarter of the southwest quarter of section 25, township 33 south, range 10 west, Curry County; thence west to the southwest corner of northeast quarter of the southeast quarter of section 26, township 33 south, range 10 west, Curry County; thence north to the southwest corner of the southeast quarter of the northeast quarter of section 26, township 33 south, range 10 west, Curry County; thence west to the southwest corner of the southeast quarter of the northwest quarter of section 26, township 33 south, range 10 west, Curry County; thence north to the southwest corner of the southeast quarter of the southwest quarter of section 23, township 33 south, range 10 west, Curry County; thence west to the southwest corner of the southeast quarter of section 22, township 33 south, range 10 west, Curry County; thence north to the southwest corner of the southwest quarter of the southeast quarter of section 15, township 33 south, range 10 west, Curry County; thence west to the southwest corner of the southeast quarter of the southwest quarter of section 15, township 33 south, range 10 west, Curry County; thence north to the southwest corner of the southeast quarter of the northwest quarter of section 15, township 33 south, range 10 west, Curry County; thence west to the southwest corner of the northwest quarter of section 15, township 33 south, range 10 west, Curry County; thence north to the southwest corner of section 10, township 33 south, range 10 west, Curry County; thence west to the southwest corner of the southeast quarter of the southeast quarter of section 9, township 33 south, range 10 west, Curry County; thence north to the southwest corner of the northeast quarter of the southeast quarter of section 9, township 33 south, range 10 west, Curry County; thence west to the southwest corner of the northwest quarter of the southwest quarter of section 9, township 33 south, range 10 west, Curry County; thence north to the southwest corner of section 4, township 33 south, range 10 west, Curry County; thence west to the southwest corner of section 5, township 33 south, range 10 west, Curry County; thence north to the northwest corner of section 5, township 33 south, range 10 west, Curry County; thence west to the common boundary of Coos County and Curry County, as set forth in ORS 201.060 and 201.080; in or near section 31, township 32 south, range 10 west, Curry County; thence northerly and easterly on the common boundary of Coos County and Curry County, as set forth in ORS 201.060 and 201.080, to the northwest corner of the southwest quarter of section 13, township 32 south, range 10 west, Curry County; thence north to the southwest corner of section 12, township 32 south, range 10 west, Coos County; thence west to the southwest corner of the southeast quarter of section 11, township 32 south, range 10 west, Coos County; thence north to the northwest corner of the northeast quarter of section 2, township 32 south, range 10 west, Coos County; thence east to the northeast corner of section 1, township 32 south, range 9 west, Douglas County; thence south to the northeast corner of section 36, township 32 south, range 9 west, Douglas County; thence east to the northeast corner of section 31, township 32 south, range 8 west, Douglas County; thence south to the common boundary between Douglas County and Josephine County, as set forth in ORS 201.100 and 201.170, in or near section 5, township 33 south, range 8 west, Josephine County; thence easterly on the common boundary of Douglas County and Josephine County, as set forth in ORS 201.100 and 201.170, to the boundary of Jackson County, as set forth in ORS 201.150, in or near section 18, township 33 south, range 4 west, Jackson County; thence easterly on the common boundary of Douglas County and Jackson County, as set forth in ORS 210.100 and 201.150, to the boundary of the Klamath-Lake Forest Protection District, as set forth in OAR 629-041-0540, in or near section 1, township 30 south, range 4 east, Jackson County; thence southerly on the boundary of the Klamath-Lake Forest Protection District, as set forth in OAR 629-041-0540, to the southern boundary of Oregon, as set forth in ORS 201.005, in or near section 12, township 41 south, range 4 east, Jackson County; thence westerly on the southern boundary of Oregon, as set forth in ORS 201.005, to the point of beginning.

History

Statutory/Other Authority: ORS 477.225
Statutes/Other Implemented: ORS 477.225
DOF 10-1998, f. & cert. ef. 8-13-98

Or. Admin. R. 629-041-0565 Walker Range Forest Protection District Boundary

The boundary of the Walker Range Forest Protection District is as follows: Beginning at the point where the boundaries of Deschutes County, Klamath County and Lane County, as set forth in ORS 201.090, 201.180 and 201.200, intersect, in or near section 34, township 22 south, range 6 east, Deschutes County; thence easterly and southerly on the boundary of the Deschutes Unit of the Central Oregon Forest Protection District, as set forth in OAR 629-041-0515(2), to the northeast corner of section 17, township 25 south, range 13 east, Lake County; thence south to the southeast corner of the northeast quarter of section 17, township 25 south, range 13 east, Lake County; thence west to the southeast corner of the northwest quarter of section 17, township 25 south, range 13 east, Lake County; thence south to the southeast corner of the northwest quarter of section 29, township 25 south, range 13 east, Lake County; thence west to the southeast corner of the northeast corner of section 30, township 25 south, range 13 east, Lake County; thence south to the southeast corner of section 31, township 25 south, range 13 east; Lake County; thence east to the centerline of Oregon Highway 31, in or near section 4, township 26 south, range 13 east, Lake County; thence southerly on the centerline of Oregon Highway 31 to the common line of section 3 and section 4, township 26 south, range 13 east; Lake County; thence south to the southeast corner of section 4, township 27 south, range 13 east, Lake County; thence westerly on the boundary of the Klamath-Lake Forest Protection District, as set forth in OAR 629-041-0540, to the boundary of the Douglas Forest Protection District, as set forth in 629-041-0530, in or near section 34, township 26 south, range 6 1/2 east, Klamath County; thence northerly on the boundary of the Douglas Forest Protection District, as set forth in 629-041-0530, to the boundary of Lane County, as set forth in ORS 201.200, in or near section 4, township 25 south, range 5 1/2 east, Klamath County; thence northerly on the common boundary of Klamath County and Lane County, as set forth in 201.180 and 201.200, to the point of beginning..

History

Statutory/Other Authority: ORS 477.225
Statutes/Other Implemented: ORS 477.225
DOF 2-2002, f. & cert. ef. 3-13-02
DOF 3-2000, f. & cert. ef. 6-27-00
DOF 10-1998, f. & cert. ef. 8-13-98

Or. Admin. R. 629-041-0570 West Oregon Forest Protection District Boundary

The boundary of the West Oregon Forest Protection District is as follows: Beginning at the point where the common line of section 10 and section 15, township 6 south, range 11 west and the ocean shore line of vegetation, as set forth in ORS 390.770, intersect, in or near section 15, township 6 south, range 11 west, Tillamook County; thence east to the northeast corner of section 13, township 6 south, range 11 west, Tillamook County; thence south to the northeast corner of the southeast quarter of the northeast quarter of the northeast quarter of section 13, township 6 south, range 11 west, Tillamook County; thence east to the northeast corner of the southeast quarter of the northwest quarter of the northwest quarter of section 18, township 6 south, range 10 west, Tillamook County; thence south to the northeast corner of the southwest quarter of the northwest quarter of section 18, township 6 south, range 10 west, Tillamook County; thence east to the centerline of U.S. Highway 101, in or near the southwest quarter of the northeast quarter of section 18, township 6 south, range 10 west, Tillamook County; thence southerly on the centerline of U.S. Highway 101 to the common line of section 18 and section 19, in or near the southwest quarter of the southeast quarter of section 18, township 6 south, range 10 west, Lincoln County; thence east to the northeast corner of the northwest quarter of the northwest quarter of section 20, township 6 south, range 10 west, Lincoln County; thence south to the northeast corner of the northwest quarter of the southwest quarter of section 20, township 6 south, range 10 west, Lincoln County; thence east to the northeast corner of the southeast quarter of section 20, township 6 south, range 10 west, Lincoln County; thence south to the northeast corner of section 32, township 6 south, range 10 west, Lincoln County; thence east to the northwest corner of section 35, township 6 south, range 10 west, Lincoln County; thence north to the northwest corner of section 26, township 6 south, range 10 west, Lincoln County; thence east to the northwest corner of section 25, township 6 south, range 10 west, Lincoln County; thence north to the northwest corner of section 13, township 6 south, range 10 west, Tillamook County; thence east to the northwest corner of section 17, township 6 south, range 9 west, Tillamook County; thence north to the northwest corner of the southwest quarter of section 8, township 6 south, range 9 west, Tillamook County; thence east to the northwest corner of the southwest quarter of section 10, township 6 south, range 9 west, Tillamook County; thence north to the northwest corner of the southwest quarter of the southwest quarter of section 3, township 6 south, range 9 west, Tillamook County; thence east to the northwest corner of the southwest quarter of the southeast quarter of section 2, township 6 south, range 9 west, Tillamook County; thence north to the northwest corner of the southwest quarter of the northeast quarter of section 2, township 6 south, range 9 west, Yamhill County; thence east to the northwest corner of the southeast quarter of the northeast quarter of section 2, township 6 south, range 9 west, Yamhill County; thence north to the northwest corner of the northeast quarter of the northeast quarter of section 2, township 6 south, range 9 west, Yamhill County; thence east to the northwest corner of section 1, township 6 south, range 9 west, Yamhill County; thence north to the northwest corner of section 36, township 5 south, range 9 west, Yamhill County; thence east to the northwest corner of section 31, township 5 south, range 8 west, Yamhill County; thence north to the northwest corner of section 6, township 5 south, range 8 west, Yamhill County; thence east to the northwest corner of section 1, township 5 south, range 8 west, Yamhill County; thence north to the northwest corner of the southwest quarter of section 36, township 4 south, range 8 west, Yamhill County; thence east to the northwest corner of the southwest quarter of section 31, township 4 south, range 7 west, Yamhill County; thence north to the northwest corner of section 19, township 4 south, range 7 west, Yamhill County; thence east to the centerline of Baltimore Road, a private road, in or near the northwest quarter of the northwest quarter of section 20, township 4 south, range 6 west, Yamhill County; thence southeasterly on the centerline of Baltimore Road, a private road, to the centerline of Rock Creek Road, a county road, in or near the northeast quarter of the southwest quarter of section 27, township 4 south, range 6 west, Yamhill County; thence southwesterly and southeasterly on the centerline of Rock Creek Road, a county road, to Old Oregon Highway 18, a county road, in or near the southwest quarter of the northeast quarter of section 33, township 5 south, range 6 west, Yamhill County; thence southwesterly on the centerline of Old Oregon Highway 18, a county road, to the centerline of Oregon Highway 18 in or near the northeast quarter of the northwest quarter of section 13, township 6 south, range 7 west, Polk County; thence easterly on the centerline of Oregon Highway 18 to the centerline of Oregon Highway 22 in or near the southwest quarter of the northeast quarter of section 13, township 6 south, range 7 west, Polk County; thence southeasterly on the centerline of Oregon Highway 22 to the centerline of Perrydale Road, a county road, in or near the northwest quarter of the northeast quarter of section 16, township 7 south, range 5 west, Polk County; thence southerly on the centerline of Perrydale Road, a county road, to the common line of the north half and the south half of the southwest quarter of section 28, township 7 south, range 5 west, Polk County; thence west to the southeast corner of the northwest quarter of the southwest quarter of section 29, township 7 south, range 5 west, Polk County; thence south to the southeast corner of the northwest quarter of the northwest quarter of section 5, township 8 south, range 5 west, Polk County; thence east to the centerline of Clow Corner Road, a county road, in or near the northwest quarter of the northwest quarter of section 3, township 8 south, range 5 west, Polk County; thence southeasterly on the centerline of Clow Corner Road, a county road, to the common line of section 2 and section 11, in or near the northeast quarter of the northeast quarter of section 11, township 8 south, range 5 west, Polk County; thence east to the northeast corner of the northwest quarter of section 12, township 8 south, range 5 west, Polk County; thence south to the southeast corner of the northwest quarter of section 12, township 8 south, range 5 west, Polk County; thence west to the southeast corner of the southwest quarter of the southeast quarter of the northeast quarter of section 11, township 8 south, range 5 west, Polk County; thence south to the southeast corner of the southwest quarter of the southeast quarter of the southeast quarter of section 11, township 8 south, range 5 west, Polk County; thence west to the southwest corner of the southeast quarter of section 11, township 8 south, range 5 west, Polk County; thence north to the northeast corner of the southeast quarter of the southwest quarter of section 11, township 8 south, range 5 west, Polk County; thence west to the southeast corner of the northwest quarter of the southwest quarter of section 10, township 8 south, range 5 west, Polk County; thence south to the southeast corner of the southwest quarter of the northwest quarter of section 15, township 8 south, range 5 west, Polk County; thence west to the southeast corner of the northeast quarter of section 16, township 8 south, range 5 west, Polk County; thence south to the centerline of Fishback Road, a county road, in or near the northeast quarter of the northeast quarter of section 33, township 8 south, range 5 west, Polk County; thence southwesterly on the centerline of Fishback Road, a county road, to the common line of section 32 and section 33, township 8 south, range 5 west, Polk County; thence south to the northeast corner of the southeast quarter of the northeast quarter of section 8, township 9 south, range 5 west, Polk County; thence east to the northeast corner of the southeast quarter of the northwest quarter of the northwest quarter of section 9, township 9 south, range 5 west, Polk County; thence south to the southeast corner of the southwest quarter of the southwest quarter of section 9, township 9 south, range 5 west, Polk County; thence west to the centerline of Airlie Road, a county road, in or near the northwest quarter of the northeast quarter of section 18, township 9 south, range 5 west, Polk County; thence southerly on the centerline of Airlie Road, a county road, to the centerline of Berry Creek Road, a county road, in or near the northeast quarter of the northwest quarter of section 4, township 10 south, range 5 west, Polk County; thence southerly on the centerline of Berry Creek Road, a county road, to the common line of section 4 and section 9, township 10 south, range 5 west, Polk County; thence southerly and easterly on the centerline of Tampico Road, a county road, to the centerline of Oregon Highway 99 West in or near the northeast quarter of the southwest quarter of section 30, township 10 south, range 4 west, Benton County; thence southerly on the centerline of Oregon Highway 99 West to the centerline of Arboretum Road, a county road, in or near the northwest quarter of the northeast quarter of section 31, township 10 south, range 4 west, Benton County; thence southerly on the centerline of Arboretum Road, a county road, to the centerline of Oregon Highway 99 West in or near the southeast quarter of the northeast quarter of section 1, township 11 south, range 5 west, Benton County; thence southerly on the centerline of Oregon Highway 99 West to the center of the main channel of Marys River in or near the southeast quarter of the northwest quarter of section 2, township 12 south, range 5 west, Benton County; thence southerly on the center of the main channel of Marys River to the center of the main channel of Muddy Creek in or near the northeast quarter of the southeast quarter of section 16, township 12 south, range 5 west, Benton County; thence southerly on the center of the main channel of Muddy Creek to the common line of section 8 and section 17, township 13 south, range 5 west, Benton County; thence west to the northeast corner of the northwest quarter of section 17, township 13 south, range 5 west, Benton County; thence south to the southeast corner of the southwest quarter of section 32, township 13 south, range 5 west, Benton County; thence west to the northeast corner of the northwest quarter of section 6, township 14 south, range 5 west, Benton County; thence south to the southeast corner of the northwest quarter of section 6, township 14 south, range 5 west, Benton County; thence west to the southeast corner of the northeast quarter of section 1, township 14 south, range 6 west, Benton County; thence south to the southeast corner of section 1, township 14 south, range 6 west, Benton County; thence west to the southeast corner of section 2, township 14 south, range 6 west, Benton County; thence south to the southeast corner of section 11, township 14 south, range 6 west, Benton County; thence west to the centerline of Foster Road, a county road, in or near the northwest quarter of the northeast quarter of section 14, township 14 south, range 6 west, Benton County; thence southerly and southwesterly on the centerline of Foster Road, a county road, to the centerline of McCain, a county road, in or near the southeast quarter of the northwest quarter of section 23, township 14 south, range 6 west, Benton County; thence southerly on the centerline of Foster Road, a county road, to the point due east of the southeast corner of the northeast quarter of the southeast quarter of section 22, township 14 south, range 6 west, Benton County; thence west to the southeast corner of the northeast quarter of the southeast quarter of section 22, township 14 south, range 6 west, Benton County; thence south to the centerline of Williams Road, a county road, in or near the northeast quarter of the southeast quarter of section 27, township 14 south, range 6 west, Benton County; thence easterly on the centerline of Williams Road, a county road , to the centerline of Bellfountain Road, a county road, in or near the northeast quarter of the northwest quarter of section 36, township 14 south, range 6 west, Benton County; thence southerly on the centerline of Bellfountain Road, a county road, to the centerline of Coon Road, a county road, in or near the northeast quarter of the southwest quarter of section 36, township 14 south, range 6 west, Benton County; thence easterly on the centerline of Coon Road to the point due north of the northeast corner of the northwest quarter of section 5, township 15 south, range 5 west, Benton County; thence south to northeast corner of the northwest quarter of section 5, township 15 south, range 5 west, Benton County; thence east to the centerline of Cherry Creek Road, a county road, in or near the northeast quarter of the northeast quarter of section 5, township 15 south, range 5 west, Benton County; thence southeasterly, directly to the northeast corner of the southeast quarter of the northeast quarter of section 5, township 15 south, range 5 west, Benton County; thence east to the northeast corner of the southwest quarter of the northwest quarter of section 4, township 15 south, range 5 west, Benton County; thence south to the northeast corner of the northwest quarter of the southwest quarter of section 4, township 15 south, range 5 west, Benton County; thence east to the northeast corner of the southwest quarter of section 4, township 15 south, range 5 west, Benton County; thence south to the boundary of the Western Lane Forest Protection District, as forth in OAR 629-041-0575, in or near the northwest quarter of the northeast quarter of section 9, township 15 south, range 5 west, Benton County; thence westerly on the boundary of the Western Lane Forest Protection District, as forth in OAR 629-041-0575, to the ocean shore line of vegetation, as set forth in ORS 390.770, in or near the southwest quarter of the northwest quarter of section 10, township 15 south, range 12 west, Lincoln County; thence northerly on the ocean shore line of vegetation, as set forth in ORS 390.770, to the point of beginning..

History

Statutory/Other Authority: ORS 477.225
Statutes/Other Implemented: ORS 477.225
DOF 2-2005, f. & cert. ef. 1-7-05
DOF 10-1998, f. & cert. ef. 8-13-98

Or. Admin. R. 629-041-0575 Western Lane Forest Protection District Boundary

The boundary of the Western Lane Forest Protection District is as follows: Beginning at the point where the common boundary of Lane County and Lincoln County, as set forth in ORS 201.200 and 201.210, intersect with the ocean shore line of vegetation, as set forth in 390.770, in or near section 10, township 15 south, range 12 west, Lane County; thence easterly on the common boundary of Lane County and Lincoln County, as set forth in 201.200 and 201.210, to the boundary of Benton County, as set forth in 201.020, in or near section 10, township 15 south, range 9 west, Lane County; thence easterly on the common boundary of Benton County and Lane County, as set forth in 201.020 and 201.200, to the centerline of Territorial Road, a county road, in or near section 9, township 15 south, range 5 west, Lane County; thence southerly on the centerline of Territorial Road, a county road, to the centerline of Oregon Highway 36 in or near section 10, township 16 south, range 5 west, Lane County; thence westerly on the centerline of Oregon Highway 36 to the centerline of Territorial Road, a county road, in or near section 17, township 16 south, range 5 west, Lane County; thence southerly on centerline of Territorial Road, a county road, to the centerline of Lamb Road, a county road, in or near section 18, township 17 south, range 5 west, Lane County; thence westerly on the centerline of Lamb Road, a county road, to the centerline of Demming Road, a county road, in or near section 13, township 17 south, range 6 west, Lane County; thence southerly on the centerline of Demming Road, a county road, to the centerline of Territorial Road, a county road, in or near section 19, township 17 south, range 5 west, Lane County; thence southerly on the centerline of Territorial Road, a county road, to the centerline of Oregon Highway 126 in or near section 36, township 17 south, range 6 west, Lane County; thence westerly on the centerline of Oregon Highway 126 to the common line of section 35 and section 36, township 17 south, range 6 west, Lane County; thence south to the southwest corner of the northwest quarter of the northwest quarter of section 1, township 18 south, range 6 west, Lane County; thence east to the centerline of Erdman Road, a county road, in or near section 6, township 18 south, range 5 west, Lane County; thence northerly on the centerline of Erdman Road, a county road, to the centerline of Bolton Road, a county road, in or near section 6, township 18 south, range 5 west, Lane County; thence easterly on the centerline of Bolton Road, a county road, to the centerline of Huston Road, a county road, in or near section 5, township 18 south, range 5 west, Lane County; thence northerly on the centerline of Huston Road, a county road, to the centerline of Oregon Highway 126 in or near section 32, township 17 south, range 5 west, Lane County; thence easterly on the centerline of Oregon Highway 126 to the common line of section 32 and section 33, township 17 south, range 5 west, Lane County; thence south to the center of the main channel of West Fork Coyote Creek in or near section 32, township 17 south, range 5 west, Lane County; thence southerly on the center of the main channel of West Fork Coyote Creek to the centerline of Perkins Road, a county road, in or near section 5, township 18 south, range 5 west, Lane County; thence easterly on the centerline of Perkins Road, a county road, to the centerline of Central Road, a county road, in or near section 4, township 18 south, range 5 west, Lane County; thence northerly on the centerline of Central Road, a county road, to the centerline of Cantrell Road, a county road, in or near section 4, township 18 south, range 5 west, Lane County; thence easterly on the centerline of Cantrell Road, a county road, to the centerline of Halderson Road, a county road, in or near section 2, township 18 south, range 5 west, Lane County; thence southerly and easterly on the centerline of Halderson Road, a county road, to the common line of section 2 and section 11, township 18 south, range 5 west, Lane County; thence east to the northeast corner of section 11, township 18 south, range 5 west, Lane County; thence south to the centerline of Crow Road, a county road, in or near section 11, township 18 south, range 5 west, Lane County; thence easterly and northerly on the centerline of Crow Road, a county road, to the common line of section 1, township 18 south, range 5 west, and section 6, township 18 south, range 4 west, Lane County; thence north to the centerline of Cantrell Road, a county road, in or near section 6, township 18 south, range 4 west, Lane County; thence east on the centerline of Cantrell Road, a county road, to the centerline of Oak Hill Drive, a county road, in or near section 6, township 18 south, range 4 west, Lane County; thence northerly and easterly on the centerline of Oak Hill Drive, a county road, to the centerline of Green Hill Road, a county road, in or near section 31, township 17 south, range 4 west, Lane County; thence southerly on the centerline of Green Hill Road, a county road, to the centerline of Willow Creek Road, a county road, in or near section 6, township 18 south, range 4 west, Lane County; thence easterly on the centerline of Willow Creek Road, a county road, to the point due north of the southwest corner of the southeast quarter of section 4, township 18 south, range 4 west, Lane County; thence south to the northeast corner of the northwest quarter of section 9, township 18 south, range 4 west, Lane County; thence east to the centerline of Bailey Hill Road, a county road, in or near section 10, township 18 south, range 4 west, Lane County; thence northerly on the centerline of Bailey Hill Road, a county road, to the centerline of the Bonneville Power Administration's Bertelsen-Hawkins #1 powerline right of way in or near section 3, township 18 south, range 4 west, Lane County; thence southeasterly on the centerline of the Bonneville Power Administration's Bertelsen-Hawkins #1 powerline right of way to the centerline of Lorane Highway, a county road, in or near section 14, township 18 south, range 4 west, Lane County; thence northeasterly on the centerline of Lorane Highway, a county road, to the centerline of Blanton Road, a county road, in or near section 14, township 18 south, range 4 west, Lane County; thence easterly on the centerline of Blanton Road, a county road, to the centerline of Ridgewood Drive, a county road, in or near section 13, township 18 south, range 4 west, Lane County; thence easterly on the centerline of Ridgewood Drive, a county road, to the centerline of Pinewood Terrace, a county road, in or near section 13, township 18 south, range 4 west, Lane County; thence northerly and easterly on the centerline of Pinewood Terrace, a county road, to the common line of section 13, township 18 south, range 4 west, and section 18, township 18 south, range 3 west, Lane County; thence south to the centerline of the Bonneville Power Administration's Eugene-Alvey #2 powerline right of way in or near section 24, township 18 south, range 4 west, Lane County; thence easterly on the centerline of the Bonneville Power Administration's Eugene-Alvey #2 powerline right of way to the centerline of Dillard Road, a county road, in or near section 21, township 18 south, range 3 west, Lane County; thence northerly on the centerline of Dillard Road, a county road, to the most northerly point of the centerline of Dillard Road, a county road, in section 16, township 18 south, range 3 west, Lane County; thence northeasterly, directly toward the center of section 16, township 18 south, range 3 west, to the centerline of Spring Boulevard, a city street, in or near section 16, township 18 south, range 3 west, Lane County; thence northerly on the centerline of Spring Boulevard, a city street, to the centerline of Firland Boulevard, a city street, in or near section 9, township 18 south, range 3 west, Lane County; thence easterly on the centerline of Firland Boulevard, a city street, to the centerline of Spring Boulevard, a city street, in or near section 9, township 18 south, range 3 west, Lane County; thence northerly on the centerline of Spring Boulevard, a city street, to the center of the junction of Spring Boulevard, a city street, and 30th Avenue, a city street, in or near section 9, township 18 south, range 3 west, Lane County; thence northerly, directly to the center of the junction of Central Street, a city street, and Spring Street, a city street, in or near in or near section 9, township 18 south, range 3 west, Lane County; thence northerly on the centerline of Spring Street, a city street, to the centerline of Essex Lane, a city street, in or near section 9, township 18 south, range 3 west, Lane County; thence easterly on the centerline of Essex Lane, a city street, to the point due south of the most southerly point of the centerline of Vista Court, a city street, in or near section 9, township 18 south, range 3 west, Lane County; thence northerly on the centerline of Vista Court, a city street, to the centerline of Alta Street, a city street, in or near section 4, township 18 south, range 3 west, Lane County; thence northerly on the centerline of Alta Street, a city street, to the centerline of Capitol Drive, a city street, in or near section 4, township 18 south, range 3 west, Lane County; thence easterly and northerly on the centerline of Capitol Drive, a city street, to the point due east of the center of the junction of Spring Street, a city street, and Woodlawn Street, a city street, in or near section 4, township 18 south, range 3 west, Lane County; thence east to the centerline Floral Hill Drive, a city street, in or near section 4, township 18 south, range 3 west, Lane County; thence southerly and easterly on the centerline of Floral Hill Drive, a city street, to the centerline of Riverview Street, a city street, in or near section 4, township 18 south, range 3 west, Lane County; thence southerly on the centerline of Riverview Street, a city street, to the common line of section 4 and section 9, township 18 south, range 3 west, Lane County; thence east to the point due south of the center of the junction of Glenwood Drive, a city street, and Laurel Hill Road, a city street, in or near section 10, township 18 south, range 3 west, Lane County; thence north to the center of the junction of Glenwood Drive, a city street, and Laurel Hill Road, a city street, in or near section 3, township 18 south, range 3 west, Lane County; thence easterly on the centerline of Glenwood Drive, a city street, to the centerline of the southbound on-ramp of Interstate Highway 5 in or near section 3, township 18 south, range 3 west, Lane County; thence southeasterly on the centerline of the southbound on-ramp of Interstate Highway 5 to the centerline of the southbound lanes of Interstate Highway 5 in or near section 3, township 18 south, range 3 west, Lane County; thence southerly on the centerline of the southbound lanes of Interstate Highway 5 to the centerline of the Bonneville Power Administration's Eugene-Alvey #2 powerline right of way in or near section 14, township 18 south, range 3 west, Lane County; thence southerly and westerly on the centerline of the Bonneville Power Administration's Eugene-Alvey #2 powerline right of way to the point directly north of the centerline of the northern end of Scharen Road, a county road, in or near section 22, township 18 south, range 3 west, Lane County; thence south to the centerline of Scharen Road, a county road, in or near section 22, township 18 south, range 3 west, Lane County; thence southerly on the centerline of Scharen Road, a county road, to the centerline of Hampton Road, a county road, in or near section 27, township 18 south, range 3 west, Lane County; thence easterly on the centerline of Hampton Road, a county road, to the common line of section 26 and section 27, township 18 south, range 3 west, Lane County; thence south to the centerline of Dillard Road, a county road, in or near section 27, township 18 south, range 3 west, Lane County; thence westerly on the centerline of Dillard Road, a county road, to the centerline of the Bonneville Power Administration's Alvey-Fairview powerline right of way in or near section 28, township 18 south, range 3 west, Lane County; thence southerly on the centerline of the Bonneville Power Administration's Alvey-Fairview powerline right of way to the common line of section 5 and section 8, township 19 south, range 3 west, Lane County; thence east to the centerline of Sher Khan Road, a county road, in or near section 8, township 19 south, range 3 west, Lane County; thence southerly on the centerline of Sher Khan Road, a county road, to the centerline of Camas Swale Road, a county road, in or near section 17, township 19 south, range 3 west, Lane County; thence easterly on the centerline of Camas Swale Road, a county road, to the centerline of Howe Lane, a county road, in or near section 16, township 19 south, range 3 west, Lane County; thence southerly and easterly on the centerline of Howe Lane, a county road, to the centerline of U.S. Highway 99 in or near section 26, township 19 south, range 3 west, Lane County; thence southerly on the centerline of U.S. Highway 99 to the centerline of River Road, a county road, in or near section 21, township 20 south, range 3 west, Lane County; thence southerly on the centerline of River Road, a county road, to the centerline of U.S. Highway 99 in or near section 32, township 20 south, range 3 west, Lane County; thence southerly and westerly on the centerline of U.S. Highway 99 to the centerline of the southbound lanes of Interstate Highway 5 in or near section 12, township 21 south, range 4 west, Lane County; thence westerly on the centerline of the southbound lanes of Interstate Highway 5 to the Douglas Forest Protection District boundary, as set forth in OAR 629-041-0530, in or near section 11, township 21 south, range 4 west, Lane County; thence northerly and westerly on the boundary of the Douglas Forest Protection District, as set forth in 629-041-0530, to the common line of section 19, township 21 south, range 8 west, Douglas County and section 24, township 21 south, range 9 west, Douglas County; thence northerly and westerly on the boundary of the Coos Forest Protection District, as set forth in OAR 629-041-0525, to the ocean shore line of vegetation, as set forth in ORS 390.770, in or near section 5, township 20 south, range 12 west, Lane County; thence northerly on the ocean shore line of vegetation, as set forth in 390.770, to the point of beginning.

History

Statutory/Other Authority: ORS 477.225
Statutes/Other Implemented: ORS 477.225
DOF 3-2002, f. & cert. ef. 3-13-02
DOF 10-1998, f. & cert. ef. 8-13-98

Division 42 FIRE CONTROL

Or. Admin. R. 629-042-0005 Forest Protection Plans

Pursuant to ORS 477.210(2), a forest protection plan filed by a owner of forestland shall include the following information, before consideration of approval by the Oregon Board of Forestry:

(1) A complete legal description of the forestland to be protected.

(2) A map, with scale of two inches to the mile, revealing section, township and range lines of the forestland involved, and showing thereon roads, streams, trails, structures, fuel types and the location of protection facilities for such land.

(3) A general description of the land management activities to be conducted on the forestland.

(4) The name, address and telephone number of the person who is in charge of forest protection on the forestland to be protected and who is obligated to carry out the provisions of a approved forest protection plan.

(5) A complete description of the methods to be used for the prevention of fire on the forestland to be protected.

(6) A complete description of the systems and methods to be used for the timely discovery and reporting of any and all fires originating on or spreading to the forestland to be protected.

(7) A complete description of the procedure to be used for notifying the forester, in the event of any fire on the forestland to be protected.

(8) A complete description of the personnel resources available for fire suppression, including personnel for initial attack activities, personnel for extended attack activities and personnel for support and logistics activities.

(9) A complete description of the training standards and requirements for the personnel resources described in subsections (4) and (8) of this rule.

(10) A complete description of the type, location and amount of fire fighting equipment in serviceable condition, including but not limited to shovels, hoes, axes, backpack pumps, fire hose, engines, water tenders, portable tanks, portable pumps, dozers, communications, aircraft and equipment for the transportation of men and equipment to be used for initial attack activities, extended attack activities and for support and logistics activities.

(11) A complete description of the systems, methods and guiding strategies to be used for the timely suppression of fire on or spreading from the forestland to be protected.

(12) A certification that the Incident Command System will be used to manage fire suppression activities on the forestland involved.

(13) The signature of each owner of the forestland to be protected, together with their address and telephone number.

History

Statutory/Other Authority: ORS 526.016 & 526.041
Statutes/Other Implemented: ORS 477.210
DOF 11-1998, f. & cert. ef. 8-13-98
FB 6, f. 5-9-60

Or. Admin. R. 629-042-0100 Liability of Forestland Owner or Operator; Further Defined

(1) Under ORS 477.120(6), “if a fire originates while an operation is in progress, there is a presumption, under 40.120, that the fire originated as a result of the operation.” “Operation in progress” as defined by 477.001(19) means “that time when workers are on an operation area for the purpose of an operation, including the period of time when fire watches are required to be on the operation area pursuant to 477.665.” “Operation area” is defined by 477.001(18) to mean “the area on which an operation is being conducted and the area on which operation activity may have resulted in the ignition of a fire.”

(2) When determining whether the presumption in ORS 477.120(6) applies, the forester must determine whether the fire origin was on an operation area. In doing so, the forester may:

(a) Include any area where an ignition source of any type connected with the operation activity could reasonably be determined to reach flammable material, such as:

(A) On or adjacent to the area specifically described in the notice of operation required in ORS 527.670 or the permit to operate power driven machinery required in 477.625, regardless of ownership; or

(B) On an area, regardless of whether a notice of operation or application for a permit to operate power driven machinery was properly submitted, that is:

(i) Within or adjacent to the timber cutting boundary of a harvest unit or road construction project or within or adjacent to the area of other planned operation activity;

(ii) Within or adjacent to where power driven machinery has been operated;

(iii) Within or adjacent to where workers have worked, traversed to access their work, traversed to return to their transports or taken breaks;

(iv) Within or adjacent to where logging lines, rigging, carriages or blocks have been operated; or

(v) Where vehicles connected with the operation activity have been operated over or adjacent to flammable materials, such as a turnaround, trail or road that is within the area of planned operation activity.

(b) Not include any area outside the area described in subsection (a) of this section where the only operation activity consists of hauling logs or workers traveling to and from the operation on improved roads in properly maintained vehicles authorized for use on such roads by the motor vehicle laws of this state.

(c) For the purposes of this section, “improved road” means a road maintained for the use of passenger vehicles and that is clear of flammable vegetation or debris.

(3) Notwithstanding section (2) of this rule, any direct evidence of the fire cause that links the origin of a fire to operation activity allows the forester to hold the owner or operator responsible under the provisions of ORS 477.120(2)(b).

(4) Under ORS 477.120(5) an owner or operator is not eligible for the limits on liability provided in 477.120(3) or (4) “if the owner or operator fails to make every reasonable effort.”

(5) ORS 477.001(6) defines “every reasonable effort” to mean “the use of the reasonably available personnel and equipment under the supervision and control of an owner or operator, which are needed and effective to fight the fire in the judgment of the forester and which can be brought to bear on the fire in a timely fashion.”

(6) “Every reasonable effort” is by design a standard that will differ by each owner’s or operator’s individual circumstance. If the forester determines it is practicable to do so, the forester, in cooperation with the owner or operator in the early stages of a fire, will make an initial assessment of the “reasonably available personnel and equipment” that can be provided by the owner or operator. If the forester determines that such a cooperative assessment is not practicable, the forester must make the assessment using the best information available at the time. The determination of resources required to suppress the fire may change as necessary throughout the duration of the fire and shall be communicated to the owner or operator as such changes occur.

(7) As used in ORS 477.001(6) pursuant to 477.120(5), “reasonably available personnel and equipment under the supervision and control of an owner or operator”:

(a) May include resources such as:

(A) The owner or any operators involved in the subject operation, if natural persons;

(B) Any person employed by the owner or any operators whose operations are involved in the fire, or any person contracted or subcontracted by the owner or any operators to work on any operation involved in the fire;

(C) Equipment of any type, other than aircraft, owned by the owner or operator, or rented, leased, or otherwise under the control of the owner or operator that is not barred from use in fire suppression by the nature of the contractual arrangement and that, in the judgment of the forester, is needed and can be effective in the effort to suppress the fire; or

(D) Notwithstanding paragraph (C) of this subsection, aircraft that are already in use as part of the operation or burning activity that resulted in the fire, for the remaining daylight hours of the day the fire was first attacked and for one subsequent daylight burning period.

(b) May not include:

(A) Aircraft that are not in use as part of the operation or burning activity that resulted in the fire;

(B) Personnel or equipment that are already actively engaged in a fire management or suppression effort at a different location;

(D) Any personnel or equipment that are currently located more than 100 miles from the fire unless the personnel or equipment would normally be returning to a location within 100 miles of the fire within the time that they are needed to suppress the fire;

(E) Any personnel or equipment that are currently located less than 100 miles from the fire, but that would have to cross jurisdictional boundaries such as state lines, if doing so would necessitate licensing, permitting, or other such requirements that could not reasonably be met within the time the resource is needed to suppress the fire;

(F) Employees who, for reasons of physical capability or unfamiliarity with forestland conditions, cannot reasonably be expected to meet requirements for persons employed in firefighting in accordance with Oregon Occupational Safety and Health Standards, OAR chapter 437, division 7 within the time they are needed to suppress the fire; or

(G) Employees who, for reasons of court ordered restrictions or military obligation cannot reasonably be expected to be available for firefighting within the time they are needed to suppress the fire.

(c) For the purposes of this section, “equipment” may include, but is not limited to maps, lists or geographic information databases that contain information such as location of roads, terrain, fuel concentrations, water sources, or location of firefighting resources that the forester determines may be helpful in suppressing the fire.

(8) Nothing in this rule is intended to discourage or restrict the owner or operator from voluntarily providing resources in addition to those specified in section (7) of this rule.

History

Statutory/Other Authority: ORS 526.041(1)
Statutes/Other Implemented: ORS 477.120
DOF 6-2006, f. & cert. ef. 5-9-06

Or. Admin. R. 629-042-1000 Purpose

The purpose of OAR 629-042-1005 to 629-042-1070 is to set forth the standards, requirements, and procedures by which the Certified Burn Manager program will be operated, pursuant to ORS 526.360(3).

History

Statutory/Other Authority: ORS 526.360
Statutes/Other Implemented: ORS 526.016 & 526.041
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-1005 Definitions

(1) The definitions set forth in ORS 526.005, ORS 477.001, and OAR 629-041-0005 shall apply to OAR Chapter 629, Division 042.

(2) The following words and phrases, when used in OAR Chapter 629, Division 042, shall mean the following:

(a) "Accreditation" means approval from the Forester to conduct and document training required by OAR 629-042-1065.

(b) "Certificate" means a Certified Burn Manager certificate issued by the Oregon Department of Forestry pursuant to ORS 526.360(3) and OAR 629-042-1015.

(d) "Certified Burn Manager" means an individual who has a current and valid certificate.

(e) "Committee" means the Certified Burn Manager Advisory Committee.

(f) “Dangerous or adverse situation" means conditions that are a significant deviation from a prescribed burn plan and resulting or has the potential to result in negative consequences, as determined by the professional judgement of the Forester or a Certified Burn Manager.

(g) "Field certification book" means a publication provided by the Forester in which successful operational field training required by OAR 629-042-1025(2) is documented.

(h) "Forester" means the State Forester or authorized representative.

(i)“Prescribed Fire” or “Prescribed burning” means the planned application and confinement of fire towildland fuels as defined in OAR 629-044-1005(k) on lands selected in advance of that application.

(j) “Prescribed burn plan” is a plan prepared to conduct a prescribed burn, in accordance with OAR 629-042-1040(1).

(k) “Successfully completed" and "successful performance" means completion of a training requirement of OAR 629-042-1025, or a test required by OAR 629-042-1030, and which has been properly documented.

(l) "Training provider" means a certified instructor who is accredited to conduct and/or document training required by OAR 629-042-1065.

History

Statutory/Other Authority: ORS 526.360
Statutes/Other Implemented: ORS 526.016 & 526.041
DOF 18-2024, amend filed 09/30/2024, effective 10/01/2024
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-1010 Intent

(1) The Certified Burn Manager program is intended to provide oversight of training and certification concerning the safe and effective use of prescribed burning and to promote the use of prescribed burning for the purposes outlined in ORS 526.360.

(2) Participation in the Certified Burn Manager program is voluntary. The forester may not require or condition the approval of a plan, or the issuance of a burning permit on the presence of a certified burn manager, for any prescribed burning.

(3) Nothing in OAR 629-042-1000 to 629-042-1070 is intended to reduce the ability of a District, as defined in ORS 477.001(5), to exercise their responsibility to ensure that burning in their jurisdiction is conducted in a safe and lawful manner.

History

Statutory/Other Authority: ORS 526.360
Statutes/Other Implemented: ORS 526.016 & ORS 526.041
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-1015 Certified Burn Manager certification requirements. Certificates generally.

(1) A certificate shall be issued only to an individual. Entities other than an individual, including but not limited to partnerships, corporations, and limited liability companies, are not eligible for a certificate.

(2) A certificate will authorize the individual to conduct prescribed fires as permitted by the certificate.

(3) The Forester will not issue a certificate prior to the receipt of all documents and fees required by OAR 629-042-1020.

(4) The Forester shall assign a unique identification number to each certificate issued.

(5) A certificate shall be valid for five years unless it is sooner revoked or surrendered.

(6) A certificate may be renewed only after having been valid for at least four years

(7) A certificate may not be renewed if:

(a) It was revoked pursuant to OAR 629-042-1035(2); or

(b) It has been more than six years since it was issued.

(8) Certificates shall be non-transferable.

(9) Authorized entries.

(a) A Certified Burn Manager, the Forester, or a training provider may document successful completion of a training requirement of OAR 629-042-1025, or a test required by OAR 629-042-1030, when they have personal knowledge that the person has properly completed the task being documented.

(b) Notwithstanding (a) above, the Forester may document successful completion of a training requirement of OAR 629-042-1025, or a test required by OAR 629-042-1030, if the requirements of OAR 629-042-1025(3), have been met.

History

Statutory/Other Authority: ORS 526.360
Statutes/Other Implemented: ORS 526.016 & 526.041
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-1020 Certified Burn Manager certification requirements. Application procedures.

Individuals applying for a Certified Burn Manager certificate shall provide to the State Forester's Representative:

(1) A properly completed field certification book showing that the applicant has satisfactorily completed all training required by OAR 629-042-1025 and all tests required by OAR 629-042-1030; and

(2) All fees required by OAR 629-042-1070.

History

Statutory/Other Authority: ORS 526.360
Statutes/Other Implemented: ORS 526.016 & 526.041
DOF 18-2024, amend filed 09/30/2024, effective 10/01/2024
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-1025 Certified Burn Manager certification requirements. Training.

(1) The Forester shall provide a field certification book. An applicant for a certificate must complete a field certification book prior to applying for an initial certificate, or applying for a new certificate if the applicant was issued a certificate which was not renewed pursuant to OAR 629-042-1015(7):

(a) Prior to receiving a field certification book, an individual shall submit documentation to the Forester of successful completion of:

(A) Educational training that is provided by an approved training provider or the Forester; and

(B) A test in accordance with OAR 629-042-1030 with a passing score.

(b) An applicant will not receive credit for educational training that was completed more than three years prior to the applicant's request for a field certification book. The Forester may waive this three-year limitation if the individual is applying for historical recognition.

(2) After verification of documentation required under 629-042-1025(1), the Forester shall issue the applicant a field certification book.

(a) The field certification book shall consist of field training that the applicant must complete, including:

(A) General proficiencies;

(B) Pile burning proficiencies; and

(b) To apply for a certificate to conduct pile burns, field training described in Sections 2(a)(A) and 2(a)(B) of this rule must be completed.

(c) To apply for a certificate to conduct pile burns and broadcast burns, all the field training described in the field certification book must be verified of completion with a signature by a Certified Burn Manager, by the Forester, or by a training provider in a field certification book.

(d) The field certification book will be valid for three years after the date of issuance by the Forester.

(e) The Forester will not accept documentation of field training which was completed more than three years prior to the date of application for a certificate. The Forester may waive this three-year limitation if the individual is applying for historical recognition.

(3) The Forester may consider educational and field training requirements completed prior to January 1, 2023 through historical recognition. In lieu of the initial training requirements of (1) and (2) above, an individual may submit to the Forester:

(a) A copy of a Prescribed Fire Burn Boss Type 2 Task Book which is complete. The Task Book shall indicate successful performance in the planning and implementation of prescribed fire; or

(b) Documentation that the individual holds a valid Certified Burn Manager certification in a state with comparable requirements to the State of Oregon; or

(c) Such evidence of experience as the Forester determines is equivalent to the initial training requirements of (1) and (2) above. The testing requirements of OAR 629-042-1030 shall still be required.

(4) An individual shall complete the following actions, prior to applying for a renewal of their certificate:

(a) An individual shall successfully complete sixteen hours of continuing education within the certification period. The continuing education must be related to prescribed burning and approved in advance by the Forester.

(A) The Forester may approve training presented in a classroom format, a conference format, a correspondence course format, or in another format the Forester determines is acceptable.

(B) The Forester will not accept educational training which was completed more than five years prior to the applicant's date of application for renewal of a certificate.

(b) An individual shall supervise one prescribed burn and participate in two additional prescribed burns during their certification period and prior to applying for a renewal.

History

Statutory/Other Authority: ORS 526.360
Statutes/Other Implemented: ORS 526.016 & 526.041
DOF 18-2024, amend filed 09/30/2024, effective 10/01/2024
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-1030 Certified Burn Manager certification requirements. Tests.

(1) The Forester:

(a) Shall provide for the development and administration of all tests required by this rule;

(b) Shall establish a passing score for all tests required by this rule;

(d) May not prohibit the use of written reference material by individuals taking tests.

(2) Individuals taking tests required by this rule:

(a) Shall display an approved government issued picture identification to the Forester or authorized Training Provider, prior to taking a test; and

(b) Shall comply with all test taking requirements established by the Forester or authorized Training Provider.

(3) Individuals shall successfully pass a test prior to requesting a field certification book from the Forester.

(4) An individual who was unsuccessful in passing the test may appeal in accordance with ORS 183.484.

History

Statutory/Other Authority: ORS 526.016 & 526.041
Statutes/Other Implemented: ORS 526.360
DOF 18-2024, amend filed 09/30/2024, effective 10/01/2024
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-1035 Certified Burn Manager certificate investigation and revocation procedures

(1) The Forester may investigate any reported or observed dangerous or adverse situations for which a Certified Burn Manager has been alleged to be responsible.

(a) Upon the receipt of an allegation under this rule, the Forester may:

(A) Investigate and prepare a written report; or

(B) Direct that a certified wildfire investigator to investigate, prepare a written report and forward it to the Forester for review and approval.

(b) Upon receipt of the written report required in (1)(a) above, the Forester shall determine as to whether the Certified Burn Manager was responsible for the reported dangerous or adverse situation.

(c) If the Forester determines that the Certified Burn Manager was responsible for a dangerous or adverse situation, the Forester shall determine as to whether the actions of the Certified Burn Manager constitute grounds to revoke the certification of the Certified Burn Manager.

(2) The Forester may revoke a certificate if:

(a) A Certified Burn Manager has submitted false information pertaining to any aspect of the Burn Manager program, such as, but not limited to, the entry of false information into a field certification book submitted to the Forester pursuant to OAR 629-042-1020;

(b) A Certified Burn Manager has been found to have violated ORS 477.515, 477.625, 477.720, 477.740, or OAR 629-043-0026(4);

(d) A Certified Burn Manager terminated their responsibility for supervision of a prescribed burn in violation of OAR 629-042-1045(2).

(3) The Forester shall provide written notice to the Certified Burn Manager of the intent to revoke a certificate. The Forester may not revoke the certificate until after 30 calendar days from the date of notice.

(4) Certificate revocation review and appeals procedures.

(a) A Certified Burn Manager may request that the Certified Burn Manager Advisory Committee review a decision to revoke a certificate, by submitting a request within 30 calendar days after service of the written notice required by subsection (3) of this rule. Service is completed at the earlier of actual notice or depositing a properly addressed written notice in first class mail or sending an email to an address established by the Certified Burn Manager.

(b) The Certified Burn Manager Advisory Committee shall conduct the requested review at its next scheduled meeting after the receipt of a request for review.

(c) Following completion of the review requested, the Certified Burn Manager Advisory Committee shall either affirm or withdraw the revocation by majority vote.

(d) The Forester or the Certified Burn Manager whose certificate has been revoked may appeal the decision of the Certified Burn Manager Advisory Committee to the Board of Forestry, in the same manner as appeals under ORS 477.260(2).

(e) Any final resolution by the Board of the matter raised under section (4)(d) of this rule shall be prepared as a final order, and any further appeal of the Board’s final action shall be as prescribed by ORS 183.484.

(5) An individual who has had their certification revoked is ineligible to apply for another certification for a period of 3 years from the date of revocation unless waived by the committee.

History

Statutory/Other Authority: ORS 526.360
Statutes/Other Implemented: ORS 526.016 & 526.041
DOF 18-2024, amend filed 09/30/2024, effective 10/01/2024
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-1040 Certified Burn Manager required actions and activities

(1) A Certified Burn Manager shall:

(a) Prepare or review a prescribed burn plan prior to ignition of a prescribed burn that they will supervise. The plan shall be prepared in a format approved by the Forester; and

(b) Confirm that the notification required by OAR 629-042-1055(1), to adjacent landowners, has been made, prior to ignition of a prescribed burn that they will supervise; and

(c) Be on site and maintain active supervision of the resources used on any prescribed burn the Certified Burn Manager is supervising during the ignition phase and the initial stages of the mop-up phase.

(2) A Certified Burn Manager shall, when not required to be on site pursuant to (1), be readily available to return to a prescribed burn they are responsible for until:

(a) The prescribed burn has achieved the conditions documented in the prescribed burn plan for transfer of responsibility to another person; or

(b) Giving notice of termination of responsibility as provided in in (3)(b).

(3) A Certified Burn Manager shall give notification to the District of:

(a) Their assumption of responsibility for a prescribed burn; and

(b) Their termination of responsibility for a prescribed burn.

(4) The notifications of the Certified Burn Manager required in (3)(a) and (b) shall be:

(a) Made by phone to the District that the burn is being conducted in; and

(b) Made prior to ignition assuming responsibility under 3(a) and within 2 hours after termination of responsibility under 3(b).

(5) A Certified Burn Manager shall not permit any dangerous or adverse situation on any prescribed burn for which they have responsibility.

(6) A Certified Burn Manager shall cooperate fully with an investigation undertaken by the Forester pursuant to OAR 629-042-1035(1).

History

Statutory/Other Authority: ORS 526.360
Statutes/Other Implemented: ORS 526.016 & 526.041
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-1045 Certified Burn Manager prohibited actions and activities

(1) A Certified Burn Manager may not use a certificate as the authority to supervise prescribed burning unless the burning is conducted pursuant to ORS 526.360(1).

(2) A Certified Burn Manager may not terminate their responsibility for a prescribed burn unless:

(a) There is a transfer of responsibility

(A) Immediately to another Certified Burn Manager and documented on a form provided by the Forester; or

(B) To the landowner, in accordance with the criteria established in the prescribed burn plan, and documented on a form provided by the Forester; and

(b) There is a notification to the District pursuant to OAR 629-042-1040(3)(b).

(3) The following persons may not use the title "Certified Burn Manager" and may not purport to be a Certified Burn Manager:

(a) An individual whose certificate has expired;

(b) An individual whose certificate has been revoked; or

(4) A Certified Burn Manager shall not falsify records.

History

Statutory/Other Authority: ORS 526.360
Statutes/Other Implemented: ORS 526.016 & 526.041
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-1050 Limitations on the use of Certified Burn Managers

A Certified Burn Manager shall only supervise:

(1) Prescribed burning activities as identified within an approved prescribed burn plan;

(2) Prescribed burning for which they are certified to conduct; and

(3) Prescribed burning conducted within a forest protection district, as identified in OAR 629-041-0500 to 629-041-0575.

History

Statutory/Other Authority: ORS 526.360
Statutes/Other Implemented: ORS 526.016 & 526.041
DOF 18-2024, amend filed 09/30/2024, effective 10/01/2024
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-1055 Landowner required and prohibited actions

(1) A landowner who uses a Certified Burn Manager to supervise a prescribed burn shall:

(a) Make a bona fide attempt to notify all adjacent landowners about the prescribed burn. The attempt must be made in a timely manner, in consideration of the landowner's availability, location, and other applicable considerations. Such notification shall be made not more than 90 calendar days prior to ignition of the prescribed burn; and

(b) Provide, prior to ignition of the prescribed burn, a copy of the prescribed burning plan to any landowner notified pursuant to (1)(a) above, who requests a copy.

(2) A landowner who uses a Certified Burn Manager to supervise a prescribed burn, once ignited, may not terminate the Certified Burn Manager's responsibility for a prescribed burn unless:

(a) Responsibility has been transferred by:

(A) Meeting transfer conditions outlined in the approved burn plan; or

(B) The Certified Burn Manager is immediately replaced by another Certified Burn Manager; or

(C) The landowner has assumed responsibility for the prescribed burn and for execution of the prescribed burning plan prepared pursuant to OAR 629-042-1045(2)(b); and

(b) There has been a notification to the District pursuant to OAR 629-042-1040(3)(b).

History

Statutory/Other Authority: ORS 526.360
Statutes/Other Implemented: ORS 526.016 & 526.041
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-1060 Certified Burn Manager Advisory Committee

(1) A Certified Burn Manager Advisory Committee shall provide recommendations to the Forester in administering the Certified Burn Manager program as described in ORS 526.360(3).

(2) The Certified Burn Manager Advisory Committee shall:

(a) Consist of seven members;

(b) Select a chairperson to coordinate the work of the Committee;

(d) Advise the Forester on the administration of the Certified Burn Manager program; and

(e) Conduct reviews of proposed certificate revocation, when requested pursuant to OAR 629-042-1035(4).

(3) The Department of Forestry provides administrative support for the Certified Burn Manager Advisory Committee and all sub-committees therein.

(4) The Certified Burn Manager Advisory Committee shall consist of members broadly representative of the industries, associations, and professions involved in the planning and execution of prescribed fire.

(5) In addition to the members designated in section (4) of this rule, representatives of the following federal agencies shall be invited to serve as ex-officio members of the advisory committee:

(a) A representative of the United States Forest Service.

(b) A representative of the United States Bureau of Land Management.

(6) The Forester shall serve as secretary for the committee.

(7) Applying for an appointment to the Certified Burn Manager Advisory Committee.

(a) Priority in selection shall be given first to applicants holding a Certified Burn Manager Certificate, and then second to prescribed fire practitioners.

(b) Any interested person may submit a completed interest form to the Department of Forestry to apply for an appointment to the Certified Burn Manager Advisory Committee.

(c) An interest form must be submitted to the Department of Forestry to be considered for an appointment to the Committee. Interest forms are available on the Department of Forestry’s website or by email upon request.

(d) Completed interest forms will be kept on file consistent with the Department’s record retention policy.

(e) The Department of Forestry will acknowledge receipt of each completed interest form.

(f) The State Forester will appoint members to the Certified Burn Manager Advisory Committee.

(g) Committee members may serve two consecutive 3-year terms; however, initial terms may be adjusted to ensure Committee stability.

(8) Vacancies

(a) A vacancy exists when a Committee member completes the term for that position; resigns; becomes incapacitated or is otherwise incapable of performing the duties of a member; has been removed from the appointment for just cause; is not reappointed; is no longer employed in the position that the appointment represents; or is no longer affiliated with the association or organization that the appointment represents.

(b) Any vacancy subject to this rule will be filled in the same manner as an initial appointment.

(9) The Committee may create subcommittees and appoint people to serve on those subcommittees.

(10) The State Forester may remove an appointed member for just cause.

History

Statutory/Other Authority: ORS 526.360
Statutes/Other Implemented: ORS 526.016 & 526.041
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-1065 Training Provider Accreditation, Suspension, and Revocation

(1) A training provider shall obtain accreditation from the Forester prior to conducting or documenting training required by OAR 629-042-1025.

(2) To request accreditation, prospective training providers shall make application to the Forester and sign an accreditation agreement.

(3) Training providers will not be considered accredited until the Forester reviews and approves their application.

(4) Applications shall include, but will not be limited to:

(a) A list of the specific training, either initial, renewal, or both to be provided or documented; and

(b) Evidence the person has had at least two years of experience in teaching adults and also two years of experience as a practitioner of the specific training to be provided or documented.

(5) Accreditation agreements shall include, but will not be limited to:

(a) A requirement to provide training using only curricula or course manuals approved by the Forester;

(b) A requirement to send all training completion records to the Forester within the period of time required by the Forester;

(d) A requirement to document successful completion of a training requirement of OAR 629-042-1025 or a test required by OAR 629-042-1030 only for which they are accredited and for which they have personal knowledge that the person has properly completed the task being documented; and

(e) A requirement that no entry of false information be made into a field certification book to be submitted to the Forester.

(6) Temporary Suspension of documentation authority.

(a) The Forester may immediately suspend the documentation authority of a training provider at any time the Forester determines that the training provider has failed to comply with all requirements of the accreditation agreement. A training provider may appeal the temporary suspension of documentation authority is the same manner as section 7(c) of this rule.

(b) Within 30 calendar days of suspending the documentation authority of a training provider, the Forester must either initiate action to revoke the accreditation of the training provider or restore the documentation authority of the training provider.

(7) Revocation of accreditation

(a) The Forester may revoke the accreditation of a training provider at any time the Forester determines that the training provider has failed to comply with all requirements of the accreditation agreement.

(b) The Forester shall provide written notice to the training provider of the intent to revoke an accreditation. The Forester may not revoke an accreditation until after 30 calendar days from the date of notice.

(A) A training provider may request that the Certified Burn Manager Advisory Committee review a decision to revoke an accreditation, by submitting a request within 30 calendar days after service of the written notice required by subsection (b) above. Service is completed at the earlier of actual notice, or depositing a properly addressed written notice in first class mail, or sending an email to an address established by the training provider,

(B) The Certified Burn Manager Advisory Committee shall conduct the requested review at its next scheduled meeting after the receipt of a request for review.

(C) Following completion of the review requested, the Certified Burn Manager Advisory Committee shall either affirm or withdraw the revocation by majority vote.

(D) The Forester or the training provider whose accreditation has been revoked may appeal the decision of the Certified Burn Manager Advisory Committee to the Board of Forestry, in the same manner as appeals under ORS 477.260(2).

(E) Any final resolution by the Board of the matter raised under section (7)(c) of this rule shall be prepared as a final order, and any further appeal of the Board’s final action shall be as prescribed by ORS 183.484.

(8) Nothing in these rules creates a right for review of revocation of training provider accreditation for employees of the Oregon Department of Forestry.

History

Statutory/Other Authority: ORS 526.360
Statutes/Other Implemented: ORS 526.016 & 526.041
DOF 18-2024, amend filed 09/30/2024, effective 10/01/2024
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-1070 Fees

(1) To cover the cost of materials and testing for the Certified Burn Manager program, the application fee for an initial certificate shall be $50.00.

(2) Training providers may charge reasonable fees for the training they provide or document.

History

Statutory/Other Authority: ORS 526.360
Statutes/Other Implemented: ORS 526.016 & 526.041
DOF 8-2022, adopt filed 11/29/2022, effective 11/30/2022

Or. Admin. R. 629-042-2000 Purpose

The purpose of OAR 629-042-2000 to 629-042-2060 is to set forth the standards, requirements, and procedures by which the Prescribed Fire Liability Pilot Program will be operated, pursuant to Sections 14 – 17, chapter 611, Oregon Laws 2023.

History

Statutory/Other Authority: ORS 526.016
Statutes/Other Implemented: Chapter 611 Oregon Laws, Sections 14 through 17
DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024

Or. Admin. R. 629-042-2010 Definitions

(1) “Claimant” means:

(a) Any party that has incurred economic or property damages as described in ORS 477.089(2); or

(b) The State Forester or forest protective association that has borne recoverable suppression expenses as described in ORS 477.068, and subject to the provisions of ORS 477.120.

(2) “Fund” means the Prescribed Fire Claims Fund established by Section 15, chapter 611, Oregon Laws 2023.

(3) “Prescribed Fire” or “Prescribed burning” means the planned application and confinement of fire to wildland fuels as defined in OAR 629-044-1005(k) on lands selected in advance of that application.

History

Statutory/Other Authority: ORS 526.016
Statutes/Other Implemented: HB 4016 (2024)
DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024

Or. Admin. R. 629-042-2020 Enrollment

(1) Prior to burning, the entity conducting the burning must enroll the Prescribed Fire or Cultural Burn to reserve liability coverage on the Oregon Prescribed Fire Liability website.

(2) Enrollment does not guarantee fund availability.

(3) Enrollment may be limited based on fund availability.

(4) The enrollment period begins on July 1 of each year and ends on June 30 of the following year. If a project is not completed during the enrollment period, the entity conducting the burning must reenroll the project as a new project on or after July 1 to be considered eligible for reimbursement.

(5) The entity conducting the burning must update the status of the burn as “completed” on the Prescribed Fire Liability website no later than 7 calendar days after completion.

History

Statutory/Other Authority: ORS 526.016
Statutes/Other Implemented: HB 4016 (2024)
DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024

Or. Admin. R. 629-042-2030 Damages

(1) Damages eligible for a claim include:

(a) Economic and property damage that occurs outside of a planned burn unit;

(b) Property (real and personal) damage, personal injury and death;

(c) Smoke damage to real property, other than to agricultural or natural resources, and losses, physical injury, or death resulting from vehicle accidents solely caused by smoke; and

(d) Recoverable suppression expenses incurred by the State Forester or forest protective association as described in ORS 477.068, and subject to the provisions in ORS 477.120.

(2) Damages ineligible for a claim include:

(a) Smoke damage to agricultural crops or natural resources;

(b) Claims for damages within the planned burn unit for trees, carbon stocks or other assets; or

History

Statutory/Other Authority: ORS 526.016
Statutes/Other Implemented: HB 4016 (2024)
DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024

Or. Admin. R. 629-042-2040 Claim Eligibility Requirements

To be eligible for reimbursement, a claim must meet the following conditions:

(1) The Prescribed Fire or Cultural Burn was enrolled on the Oregon Prescribed Fire Liability website prior to burning.

(2) The claim was submitted within 14 days of discovery of damage.

(3) Discovery of damage must occur within the burn period for which the Prescribed Fire or Cultural Burn was enrolled, or within 45 days of burning; whichever is greater.

(4) The claim was submitted by an eligible Claimant.

History

Statutory/Other Authority: ORS 526.016
Statutes/Other Implemented: HB 4016 (2024)
DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024

Or. Admin. R. 629-042-2050 Claim Considerations

(1) Claims must be submitted in the manner indicated on the Oregon Prescribed Fire Liability website.

(2) A claim may be denied if it does not meet the criteria in these rules, or Chapter 611, Oregon Laws 2023.

(3) Claims that have been denied may be resubmitted with corrected information provided it is still within the original 14-day submission deadline.

(4) Claims submitted after the 14-day deadline may not be considered for reimbursement.

History

Statutory/Other Authority: ORS 526.016
Statutes/Other Implemented: HB 4016 (2024)
DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024

Or. Admin. R. 629-042-2060 Incident Report Requirements

(1) The Oregon Department of Forestry must complete an Incident Report.

(2) To be eligible to for reimbursement, the Incident Report must indicate that:

(a) The incident was not a result of willful, malicious, or negligence in the origin or subsequent spread;

(b) All necessary and appropriate burn plans, permits, and provisions were in place;

(d) The damages resulted from a fire that was:

(A) A prescribed fire conducted or supervised by the State Forester, a forest protective association or a rangeland protection association pursuant to ORS 477.315 to 477.325.

(B) A prescribed fire in a forest protection district, as described in ORS 477.205 to 477.281, that is conducted or supervised by a Certified Burn Manager pursuant to ORS 526.360.

History

Statutory/Other Authority: ORS 526.016
Statutes/Other Implemented: HB 4016 (2024)
DOF 18-2024, adopt filed 09/30/2024, effective 10/01/2024

Division 43 FIRE PREVENTION

Or. Admin. R. 629-043-0005 Snag Falling

(1) Pursuant to ORS 477.565(1):

(a) Operators must fell all snags which, in the judgment of the forester, constitute a fire hazard, when directed by the forester in written order.

(b) The forester may only require the felling of snags which:

(A) Are necessary to prevent the spread of fire; and

(B) Are over 15 feet in height and within 100 feet distance of a landing.

(2) Pursuant to ORS 477.565(2):

(a) Operators must fell all snags which, in the judgment of the forester, constitute a fire hazard, when directed by the forester in written order.

(b) The forester may only require the felling of snags which are:

(A) Necessary to prevent the spread of fire on forestland west of the summit of the Cascade Mountains; and

(B) Over 15 feet in height and over 12 inches in diameter.

(3) The forester must:

(a) When determining whether snags constitute a fire hazard, give due consideration to:

(A) The topography of the operation area;

(B) The number and location of snags in and near the operation area; and

(b) When issuing written orders, specify if the felling of snags is to be completed before or concurrent with the operation of power driven machinery (other than power saws);

(4) The forester may, in written order, require additional snags in an operation area to be felled if, in the judgment of the forester, conditions so warrant.

History

Statutory/Other Authority: ORS 477.565
Statutes/Other Implemented: ORS 477.565
DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 9-1998, f. & cert. ef. 6-3-98
FB 8-1986, f. & ef. 9-25-86
FB 17, f. & ef. 5-12-68

Or. Admin. R. 629-043-0015 Spark Arresters

(1) Pursuant to ORS 477.645, any persons operating an internal combustion engine during fire season, on, or within one-eighth of one mile of a forest protection district, must equip and maintain the engine with a spark arrester, which is;

(a) In good operating condition, and

(b) Listed in the most recent edition of a publication of the National Wildfire Coordinating Group and the U.S.D.A. Forest Service, entitled "Spark Arrester Guide".

(2) The following are exempt from the requirements of section (1) of this rule:

(a) Fully turbo-charged engines which are maintained in good operating condition;

(b) Engines in motor vehicles operating on improved roads which are equipped with a muffler and an exhaust system;

(d) Engines in heavy trucks which are equipped with a muffler and an exhaust system which:

(A) Extends at least to the end of the truck frame and discharges to the rear; or

(B) Extends above the cab of the truck and discharges upward or to the rear.

(e) Engines of 50 cubic inch displacement or less which are equipped with a muffler and an exhaust system;

(f) Water pumping equipment used exclusively for fighting fire.

(3) Engines in all-terrain vehicles and motorcycles are exempt from section (1) of this rule if equipped with:

(a) A muffler and an exhaust system; or

(b) A screen which completely encloses exhaust system openings and which is:

(A) Heat and corrosion resistant; and

(B) Which has no openings greater than .023 inch diameter.

(4) Power saws are exempt from this rule, but are separately regulated by OAR 629-043-0036.

(5) All exhaust systems, mufflers and screens referred to in this rule must be kept in good operating condition.

(6) The forester may, in written order, reduce or waive any requirement of this rule if, in the judgment of the forester, conditions so warrant.

NOTE: Use of any of the above mentioned equipment may be further regulated or prohibited during fire season through the application of industrial or regulated use closures (ORS 477.535–.550)

[Publications: The publication(s) referred to are available at:

https://www.fs.fed.us/t-d/programs/fire/spark_arrester_guides/]

History

Statutory/Other Authority: ORS 477.645
Statutes/Other Implemented: ORS 477.645
DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 9-1998, f. & cert. ef. 6-3-98
FB 28, f. 2-14-72, ef. 7-1-72
FB 17, f. & ef. 5-12-68

Or. Admin. R. 629-043-0020 Water Supply and Equipment for Fire Suppression

(1) When operating stationary equipment during fire season inside or within one-eighth of one mile of a forest protection district, pursuant to ORS 477.650, operators must provide the following water supply and equipment at each location where stationary equipment is operated:

(a) Water supply:

(A) A self-propelled motor vehicle which is equipped with a water tank containing not less than 300 gallons of water; or

(B) A pond, stream, tank, or sump containing not less than 500 gallons of water.

(b) Water delivery equipment:

(A) Water pump: Size and capacity shall be such that the pump will discharge not less than 20 gallons per minute at a pressure of at least 115 pounds per square inch at pump level;

(B) Hose and nozzle: A nozzle, and enough serviceable hose of not less than 3/4 inch inside diameter, to reach from the water supply to any location in the operation area affected by power driven machinery, or 500 feet, whichever is greater.

(2) When mobile equipment is used in an operation area during fire season, inside or within one-eighth of one mile of a forest protection district, pursuant to ORS 477.625(1)(a), the operator must provide a water supply which complies with at least the minimum capacity, pump, hose and nozzle requirements set forth in section (1) of this rule.

(3) “Operation area affected by power driven machinery” as used in this rule, means any part of the operation area where vegetation or flammable material might be ignited by exhaust, friction, or heated particles dropped or emitted from the power driven machinery or attached equipment, including, but not limited to any moving lines, drill or other attachments.

(4) Within an operation area, except as required by ORS 477.615 or 477.660, only one water supply will be required to comply with sections (1), (2) or both of this rule, so long as access and communications are such that the combination of water supply, pump and hose can timely and effectively attack a fire start. Taking more than ten minutes to effectively attack a fire start may not be considered timely.

(5) Notwithstanding the requirements under section (4) of this rule, the deployment of equipment capable of constructing fire line to effectively attack a fire start until a water supply, pump and hose arrives is deemed compliant with the intent of section (4).

(6) All hose, motor vehicles, nozzles, pumps and tanks referred to in this rule shall be kept ready for immediate use.

(7) The water supply, pump, not less than 250 feet of hose, and the nozzle, as required by this rule, shall be maintained as a connected, operating unit and kept ready for immediate use.

(8) Nothing in this rule is intended to prohibit:

(a) An owner of forestland from requiring operators to provide additional water or equipment when operating on the owner’s land or;

(b) An operator from using its water supply and equipment for initial attack on a nearby fire outside the operation area.

(9) When the operation only involves the use of self-loading log trucks on improved roads or landings cleared of flammable material, a water supply is not required.

(10) The forester, in written order, may reduce or waive any requirement of this rule if, in the judgment of the forester, conditions so warrant or to take advantage of alternate methods or equipment proposed by the operator which provide, in the judgment of the forester, equal or better suppression of fire.

History

Statutory/Other Authority: ORS 477.650
Statutes/Other Implemented: ORS 477.650
DOF 17-2024, amend filed 09/30/2024, effective 01/01/2025
DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 9-1998, f. & cert. ef. 6-3-98
FB 17, f. & ef. 5-12-68

Or. Admin. R. 629-043-0023 Additional Water Supply and Equipment

(1) Pursuant to ORS 477.615, operators must provide a self-propelled motor vehicle equipped with a water tank containing not less than 300 gallons of water and that complies with the capacity, pump, hose, nozzle and readiness requirements set forth in OAR 629-043-0020, when directed by the forester in written order.

(2) The forester may, in written order, reduce or waive any requirement of the order issued under this rule if, in the judgment of the forester, the conditions so warrant or to take advantage of alternate methods or equipment proposed by the operator which provide, in the judgment of the forester, equal or better suppression of fire.

History

Statutory/Other Authority: ORS 477.615
Statutes/Other Implemented: ORS 477.615
Renumbered from 629-043-0010 by DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 9-1998, f. & cert. ef. 6-3-98
FB 17, f. & ef. 5-12-68

Or. Admin. R. 629-043-0025 Fire Tools and Fire Extinguishers

Pursuant to ORS 477.655, during fire season inside or within one-eighth of one mile of a forest protection district, operators must comply with the following minimum fire tool and fire extinguisher requirements:

(1) During an operation in progress, provide at the operation area, or at a location approved by the forester, a tool box that contains a number of firefighting tools equal to or greater than the number of persons working on the operation.

(a) The tool boxes must be clearly identified as containing fire tools;

(b) The tools must only be used for fighting fire.

(c) The tools must include a mix of scraping tools (such as pulaski or hazel hoe), cutting tools (such as pulaski or axe) and shovels; appropriate for building a fire line and throwing dirt.

(d) The above requirements for a tool box and tools to be used exclusively for fire-fighting do not apply if there are four or fewer persons working on the operation and each person has a shovel, suitable for fire-fighting, available for immediate use while working on the operation.

(2) Provide at each internal combustion engine, except power saws, one 2 A:10 BC or higher (5 pound) rated fire extinguisher, or a combination of fire extinguishers that provide equivalent protection approved by a nationally recognized testing laboratory.

(3) Provide on each truck:

(a) One 2 A:10 BC or higher (5 pound) rated fire extinguisher, or a combination of fire extinguishers that provide equivalent protection approved by a nationally recognized testing laboratory.

(b) One round pointed shovel which has a face not less than 8 inches wide and a handle not less than 26 inches long; and

(4) Provide at each block, except those blocks located at a landing:

(a) One pump equipped can or bladder containing not less than five gallons of water; and

(b) One round pointed shovel which has a face not less than 8 inches wide and a handle not less than 26 inches long.

(5) All bladders, cans, pumps, tool boxes, tools and fire extinguishers referred to in this rule must be kept ready for immediate use.

(6) Fire extinguishers required by this rule must be equipped with a reliable and easily read pressure gauge or device or method for measurement of the contents of the extinguisher.

(7) When an additional internal combustion engine is permanently attached to a truck or other piece of power driven machinery, one fire extinguisher for the combined engines, which complies with section (2) of this rule, is sufficient.

(8) The forester may, in written order, modify, reduce or waive any requirement of this rule if, in the judgment of the forester, conditions so warrant or to take advantage of alternate methods or equipment proposed by the operator which, in the judgment of the forester, will provide equal or better suppression of fire.

[ED. NOTE: Tables referenced are available from the agency.]

History

Statutory/Other Authority: ORS 477.655
Statutes/Other Implemented: ORS 477.655
DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 2-1999, f. & cert. ef. 5-13-99
DOF 9-1998, f. & cert. ef. 6-3-98
FB 3-1986, f. & ef. 3-12-86
Reverted to FB 17, f. & ef. 5-12-68
FB 4-1985(Temp), f. & ef. 6-17-85
FB 17, f. & ef. 5-12-68

Or. Admin. R. 629-043-0026 Operation Area Fire Prevention

(1) Pursuant to ORS 477.625(1)(a), during a fire season, operators must comply with the following reasonable precautions that, in the judgment of the forester, are necessary to prevent the spread of fire on or from an operation area:

(a) When conducting a cable logging operation during fire season:

(A) Clear the ground of all flammable material (down to mineral soil) for not less than ten feet (radius) slope distance, from the point directly below any block.

(B) Do not permit moving lines to rub on rock or woody material in such a way to cause sparks or sufficient heat that may cause ignition of fire.

(b) Keep all power driven machinery free of excess flammable material which may create a risk of fire.

(c) When power driven machinery is left unattended, operators must disconnect main batteries from powered components (other than what may be necessary to retain computer memory) through a shut-off switch or other means or, if battery power is not disconnected, unattended power driven machinery must be left on ground cleared of flammable material.

(2) When conducting a operation during fire season which uses mobile equipment east of the summit of the Cascade Mountains and when directed by the forester in written order, the operator must comply with limitations on when mobile equipment may be used. The forester must base such limitations on the fire danger in the operation area, on the risk of fire beginning in the operation area, or due to a combination of any such conditions.

(3) When using fire to dispose of slashing at any time of year, the operator must develop a plan for prior approval which sets forth the personnel, equipment and procedures necessary to safely conduct the burning. The plan must be developed in such a manner as to give due consideration to prevention of fire escape and protection of life, forest resources, property and air quality.If a prescribed fire is planned to burn across land ownership boundaries, the operator must:

(a) Obtain a single permit listing all landowners on whose lands the fire is planned to burn;

(b) Demonstrate to the Department that the operator has obtained consent to conduct the fire from all persons on whose lands the fire is planned to burn, and

(4) The forester may, in written order, reduce or waive any requirement of this rule if, in the judgment of the forester, conditions so warrant or to take advantage of alternate methods or equipment proposed by the operator which provide, in the judgment of the forester, equal or better prevention or suppression of fire.

History

Statutory/Other Authority: ORS 526.016 & 526.041
Statutes/Other Implemented: ORS 477.625
DOF 2-2022, amend filed 06/14/2022, effective 06/15/2022
DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 9-1998, f. & cert. ef. 6-3-98
FB 3-1986, f. & ef. 3-12-86
FB 4-1985(Temp), f. & ef. 6-17-85

Or. Admin. R. 629-043-0030 Fire Watch Service

(1) Pursuant to ORS 477.665, during fire season inside or within one-eighth of one mile of a forest protection district, operators must comply with the following fire watch requirements. A person performing fire watch service must:

(a) Constantly observe the operation area during any breaks in operation activity and for a period of time designated by the forester, through a written order, not to exceed 2 hours after the power driven machinery used by the operator has been shut down for the day;

(b) Visually observe all portions of the operation area on which operation activity occurred during the preceding period of activity; and

(c) Be qualified in the use and operation of assigned firefighting equipment and tools; be physically capable of performing assigned fire suppression activities; and be advised of single employee assignment responsibilities (OAR 437-007-1315), when working alone.

(2) After a measurable amount of rain on the operation area, the forester may suspend the requirements of subsection (1) of this rule until such time as, in the judgment of the forester, conditions warrant reinstatement.

(3) The forester may reduce or waive any requirement of subsection (1)(a) or (b) of this rule in a written order if, in the judgment of the forester, conditions so warrant.

(4) Immediately following a period when the only operation activity has been the use of self-loading log trucks on improved roads or landings cleared of flammable material, fire watch service is not required.

(5) Pursuant to ORS 477.625(1)(a) operators must comply with the following fire watch service requirements:

(a) Each person providing fire watch service on an operation area must have adequate facilities for transportation and communication to be able to summon firefighting assistance in a timely manner.

(b) Upon discovery of a fire, fire watch personnel must:

(A) First report the fire, summon any necessary firefighting assistance, describe intended fire suppression activities and agree on a checking system; then

(B) After determining a safety zone and an escape route that will not be cut off if the fire increases or changes direction, immediately proceed to control and extinguish the fire, consistent with firefighting training and safety.

History

Statutory/Other Authority: ORS 477.665
Statutes/Other Implemented: ORS 477.665
DOF 17-2024, amend filed 09/30/2024, effective 01/01/2025
DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 2-1999, f. & cert. ef. 5-13-99
DOF 9-1998, f. & cert. ef. 6-3-98
FB 23, f. 6-5-70, ef. 6-25-70
FB 17, f. & ef. 5-12-68

Or. Admin. R. 629-043-0036 Power Saws

Pursuant to ORS 477.640, any persons operating a power saw during fire season inside or within one-eighth of one mile of a forest protection district must comply with the following fire prevention and suppression requirements:

(1) A power saw must be equipped and maintained with a spark arrester and other fire prevention equipment that is listed in the most recent edition of a publication of the National Wildfire Coordinating Group and the U.S.D.A Forest Service, entitled "Spark Arrester Guide Volume 2 — Multi-Position Small Engine”. Power saws which have been modified from the configuration, as tested and listed in the Spark Arrester Guide, are prohibited from use during fire season.

(2) When using a power saw, the following minimum fire tools and fire suppressants must be immediately available for the prevention and suppression of fire:

(a) One gallon of water or pressurized container of fire suppressant of at least eight ounce capacity; and

(b) One round pointed shovel which has a face not less than 8 inches wide and a handle not less than 26 inches long.

(3) A power saw motor must be stopped during fueling and moved not less than 20 feet from the place of fueling before being started.

(4) All fire prevention equipment, such as fire suppressants, fire tools, screens, shovels, spark arresters and spark arresting devices referred to in this rule must be kept ready for immediate use.

(5) If in the judgment of the forester conditions warrant, the forester may, in written order, reduce or waive any requirement of this rule.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 477.640
Statutes/Other Implemented: ORS 477.640
DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 2-1999, f. & cert. ef. 5-13-99
DOF 9-1998, f. & cert. ef. 6-3-98
FB 50, f. & ef. 9-1-77
FB 48(Temp), f. & ef. 6-29-77
FB 47, f. 9-15-76, ef. 7-1-77

Or. Admin. R. 629-043-0040 Burning Permits

(1) Pursuant to ORS 477.515, holders of permits for burning must:

(a) Before burning, clear the area immediately around and above the burn site of material that may carry fire;

(b) When burning in a barrel or similar container, completely cover the container openings with a screen constructed of not less than 14-gauge wire and that has openings which are no larger than one-fourth inch in diameter;

(d) Not burn on a day when burning has been prohibited by the forester because of increased fire danger or because of air quality conditions;

(e) Not burn without complying with all conditions, hours and dates set forth on the permit; and

(f) Not burn without complying with the open burning prohibitions set forth in OAR 340-264-0050 to 340-264-0170.

(2) The requirements of this rule do not apply to prescribed burning conducted in compliance with ORS 477.013 and 477.552 to 477.562, OAR 629-043-0026(4) and 629-048-0001 to 629-048-0500.

(3) The forester may, in a written order, reduce or waive any requirement of this rule if:

(a) In the judgment of the forester, conditions so warrant; and

(b) The burning complies with the requirements of ORS 477.515, and any applicable portions of Chapter 468, Chapter 468A and OAR chapter 340 division 264.

History

Statutory/Other Authority: ORS 477.013, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013 & 477.515
DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08
DOF 11-1998, f. & cert. ef. 8-13-98
FB 8-1986, f. & ef. 9-25-86
FB 6, f. 5-9-60

Or. Admin. R. 629-043-0050 Slash Hazard Release

Under the provisions of ORS 477.580, the Forester will not withhold a release for any fire hazard located west of the summit of the Cascade Mountains after a period of seven years, nor withhold a release for any fire hazard located east of said summit after a period of five years; said periods of time to be determined from the first day of October immediately following the creation of the hazard.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.580
FB 6, f. 5-9-60

Or. Admin. R. 629-043-0065 Payment for Additional Fire Hazard

(1) Pursuant to ORS 477.580(4), when the forester receives payment from an owner or an operator for a release, the monies received shall be used exclusively in the district wherein the additional fire hazard is located, as follows:

(a) The payment for such release shall be set aside as a reserve for the purpose of providing additional protection, hazard reduction, or actual fire suppression on the additional fire hazard areas involved.

(b) All or portions of such monies shall be credited annually to a dedicated district fund in accordance with an annual district additional fire hazard plan.

(c) Monies which are not expended during a period of seven years shall be credited to the district budget the following year.

(2) The sum of money the forester receives from an owner or an operator for a release shall be determined by the use of the rating table described in Directive 1-1-1-102. Use of the rating table shall result in the calculation of a “point” total.

(a) For an additional fire hazard created by timber harvested in a commercial operation, the sum of money for each 1,000 board feet of timber harvested shall be determined by the point total, as follows:

(A) 40–59 points — $1.60;

(B) 60–79 points — $2.40;

(D) 100–119 points — $4.20;

(E) 120–139 points — $5.10;

(F) 140+ points — $6.00.

(b) For an additional fire hazard created by a stand improvement operation where no timber is harvested, the sum of money for each acre shall be determined by the point total, as follows:

(A) 40–59 points — $7.00;

(B) 60–79 points — $7.70;

(D) 100–119 points — $9.10;

(E) 120–139 points — $9.80;

(F) 140+ points — $10.00.

History

Statutory/Other Authority: ORS 477.580
Statutes/Other Implemented: ORS 477.580
DOF 4-1998, f. 3-10-98, cert. ef. 5-1-98
FB 14, f. 11-18-65
FB 6, f. 5-9-60

Or. Admin. R. 629-043-0070 Operation Closedown

(1) Pursuant to ORS 477.625(1)(c) and 477.670, operators west of the summit of the Cascade Mountains shall comply with close down requirements which the forester, in written order, has issued.

(2) Pursuant to ORS 477.365(1)(h), the forester may, in written order, reduce or waive any requirement of this rule if, in the judgement of the forester, conditions so warrant.

History

Statutory/Other Authority: ORS 526.016 & 526.041
Statutes/Other Implemented: ORS 477.365, 477.625 & 477.670
DOF 9-1998, f. & cert. ef. 6-3-98
FB 19, f. & ef. 7-15-68
FB 6, f. 5-9-60

Or. Admin. R. 629-043-0076 Permits to Use Fire or Power-Driven Machinery

Pursuant to ORS 477.630, operators or owners shall provide the following information that, in the judgement of the forester, is necessary for the administration of rules promulgated under ORS Chapter 477:

(1) The name of the county in which the operation area is located.

(2) The name and/or the identifying number of a timber sale to be harvested by the operation.

(3) The telephone number of the operator.

(4) The telephone number of the landowner.

(5) The name, mailing address and telephone number of the timber owner.

(6) A description of the primary activities to be conducted in the operation area.

(7) A description of the primary methods to be used in the operation area.

(8) An estimate of the size of the operation area.

(9) An estimate of the amount of timber to be harvested from the operation area.

(10) The estimated starting date of the operation.

(11) The estimated ending date of the operation.

History

Statutory/Other Authority: ORS 526.016 & 526.041
Statutes/Other Implemented: ORS 477.630
DOF 9-1998, f. & cert. ef. 6-3-98

Or. Admin. R. 629-043-0080 Additional Fire Hazard

For the purpose of sections(1) and (2) of ORS 477.580, notice of additional fire hazard shall be given to the landowner and operator in writing with instructions for offsetting or abating such fire hazard. Such notice will include one or more options as follows, provided such options are consistent with the provisions of 527.610 through 527.730. The Forester will issue a release upon successful completion of the instructions for offsetting or abating the hazard:

(1) By burning part or all of the slashing to reduce the extra hazard as approved by the Forester.

(2) By altering the fuel loading and arrangement on the site by piling slash, crushing, or otherwise altering the fuel to reduce hazard as approved by the Forester.

(3) By making physical improvements to offset the hazard such as building fire trails, water supply sources, building fuel breaks, compartmentizing the improvement which effectively offsets the fire hazard as approved by the Forester.

(4) By payment to the Forester of a sum of money for extra fire protection for the area if such release is requested by the owner or operator with approval of the owner. Such payment is subject to the provisions of OAR 629-043-0065.

(5) Other hazard offsets as approved by the Forester.

NOTE: It is intended that physical improvements under sections(1), (2), and (3) of this rule shall offset the additional hazard created to such a degree that the possibility of spread of fire is sufficiently reduced and the ability to control fire sufficiently improved, that extra protection for the area is not warranted.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.580
FB 37, f. 4-15-74, ef. 5-11-74
FB 35(Temp), f. & ef. 1-17-74

Division 45 FORESTLAND CLASSIFICATION RULES

Or. Admin. R. 629-045-0020 Definitions

(1) The definitions set forth in ORS 477.001, 477.205, 526.005, and 526.305 shall apply to OAR 629, division 045, unless the context requires otherwise.

(2) The following words and phrases, when used in OAR 629, division 045, shall mean the following unless the context requires otherwise:

(a) “Actively managed” means that vegetation management activities are conducted on a continuing, annual basis and periodically through a calendar year, as is necessary to accomplish the landowner’s objectives.

(b) “Class 1” means timber class, and includes forestland suitable for the production of timber and may include lands on which structures are present.

(c) “Class 2” means timber and grazing class, and includes forestland suitable for joint use for timber production and the grazing of livestock and may include lands on which structures are present.

(d) “Class 3” means agricultural class, and includes forestland suitable for grazing of livestock or other agricultural use and may include lands on which structures are present.

(e) “Forest Patrol Assessment roll” means the assessment roll process and the direct billing process described in ORS 477.270(1).

(f) “Locale” means the general geographic area which is contiguous to or which surrounds a specific site.

(g) “Periodically” means at least once every five years.

(h) “Potential” means the ability of a site to grow vegetation, notwithstanding current or past uses of the site nor the current or past presence of structures on the site, and regardless of how the site is zoned or taxed.

(i) “Routinely” means at least once each calendar year.

(j) “USDA” means the United States Department of Agriculture.

History

Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009
Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370
DOF 1-2010, f. & cert. ef. 5-19-10

Or. Admin. R. 629-045-0025 Identification of Forestland by a Committee

(1) A committee shall periodically identify all lands which meet the following criteria:

(a) Is within the county or counties of its jurisdiction; and

(b) Is a woodland, brushland, timberland, grazing land or clearing that, during any time of the year, contains enough forest growth, slashing or vegetation to constitute, in the judgment of the forester, a fire hazard, regardless of how the land is zoned or taxed. As used in this subsection, “clearing” means any grassland, improved area, lake, meadow, mechanically or manually cleared area, road, rocky area, stream or other similar opening that is surrounded by or contiguous to land described in the first sentence of this subsection

(2) All lands which meet the criteria set forth in section (1) of this rule shall be considered to be forestland.

History

Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009
Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370
DOF 1-2010, f. & cert. ef. 5-19-10

Or. Admin. R. 629-045-0030 Classification of Forestland by a Committee

(1) All lands identified as forestland, pursuant to OAR 629-045-0025, within a forest protection district, shall be classified by a committee as:

(a) Class 1, in accordance with the criteria set forth in section (2) of this rule;

(b) Class 2, in accordance with the criteria set forth in section (3) of this rule; or

(2) Forestland shall be classified as Class 1 if;

(a) It is located west of the summit of the Cascade Mountains, or

(b) East of the summit of the Cascade Mountains, located in Wasco County and is primarily used for timber production.

(3) Forestland shall be classified as Class 2 if:

(a) It is located east of the summit of the Cascade Mountains; and

(b) It has a potential site productivity of at least 20 cubic feet per acre per year, at culmination of mean annual increment, for one or more tree species native to the locale.

(4) Notwithstanding the requirements of sections (2) and (3) of this rule, forestland may be classified as Class 3 if at least one of the following criteria applies:

(a) The forestland has a potential site productivity of less than 20 cubic feet per acre per year, at culmination of mean annual increment, for one or more tree species native to the locale;

(b) The forestland is actively managed to support vegetation that does not include tree species native to the locale; or

(c) The forestland routinely contains enough flammable vegetation to meet the definition of “forestland” but historically has not supported natural growth of a tree species native to the locale.

History

Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009
Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370
DOF 1-2010, f. & cert. ef. 5-19-10

Or. Admin. R. 629-045-0035 Classification Requirements and Limitations

In classifying lands pursuant to OAR 629-045-0030:

(1) A committee may determine potential site productivity:

(a) Directly, by tree growth and stocking measurements made in a locale; or

(b) Indirectly, by using applicable USDA Natural Resources Conservation Service soil survey information, USDA Forest Service plant association guides, Oregon Department of Revenue site class maps, or other information determined by the State Forester to be of comparable quality.

(2) If western juniper is present in a locale, a committee may consider western juniper to be a tree species which is native to the locale.

(3) If trees that meet the definition of “Christmas tree” in ORS 571.505 are present in a locale, a committee shall consider such “Christmas trees” to be a tree species which is native to the locale.

(4) A committee may not consider the existence of structures, improvements, or clearings, when making classification decisions.

(5) A committee may not consider the existence of city limits, urban growth boundaries, zoning, or the absence or presence of an organized structural fire protection provider, when making classification decisions.

(6) Notwithstanding the requirements of OAR 629-045-0025 and 629-045-0030, if lands are actively managed for an agricultural purpose, such as by irrigation, plowing, or other practices that result in a substantially reduced likelihood of wildfire spread across the lands, such that the lands do not meet the definition of “forestland,” a committee is not required to classify such lands.

History

Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009
Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370
DOF 1-2010, f. & cert. ef. 5-19-10

Or. Admin. R. 629-045-0040 Mapping Requirements and Boundary Recommendations

(1) On the maps required by ORS 526.324 and 526.328, a committee shall set forth the outer boundaries of all forestland classified by the committee pursuant to OAR 629-045-0030 and 629-045-0035.

(a) Natural geographic features, human-made land features, public land survey lines, or political boundary lines shall be used to describe the outer boundaries.

(b) No outer boundaries shall enclose an area of less than 40 acres in size.

(2) A committee shall recommend to the State Forester any changes to the boundary of a forest protection district it believes are warranted.

(3) A committee shall recommend to the appropriate county governing body the creation of or changes to the boundary of Zone 1 lands, which have been or may be established pursuant to ORS 476.310 to 476.320, if the committee believes such creation or changes are warranted.

History

Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009
Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370
DOF 1-2010, f. & cert. ef. 5-19-10

Or. Admin. R. 629-045-0045 Community Meetings

(1) Prior to holding the public hearing required by ORS 526.328(1), a committee shall hold one or more community meetings in each county of its jurisdiction.

(2) At a community meeting required by section (1) of this rule, a committee shall:

(a) Present to any interested persons information about its:

(A) Forestland identification process, completed pursuant to ORS 526.320 and OAR 629-045-0025; and

(B) Preliminary classification decision process, completed pursuant to ORS 526.324 and OAR 629-045-0030 and 629-045-0035.

(b) Make available for inspection the preliminary classification maps required by ORS 526.324.

History

Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009
Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370
DOF 1-2010, f. & cert. ef. 5-19-10

Or. Admin. R. 629-045-0050 Formal Written Order Requirements

A committee shall file the formal written order required by ORS 526.328(2) with the county clerk(s) within thirty days of its adoption by the committee. Any delay in meeting this thirty day requirement shall be promptly reported in writing to the State Forester. The State Forester may thereafter extend, in writing, the thirty day limitation.

History

Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009
Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370
DOF 1-2010, f. & cert. ef. 5-19-10

Or. Admin. R. 629-045-0055 Limitations and Requirements for Forest Protection District Actions

(1) The forester shall make adjustments to the forest patrol assessment rolls to give effect to all forestland classification or reclassification decisions made by a committee, pursuant to OAR 629-045-0030 and 629-045-0035, within six months of the date the applicable formal written order was filed with a county clerk pursuant to ORS 526.328(2). Any delay in meeting this six month requirement shall be promptly reported in writing to the State Forester. The State Forester may thereafter extend, in writing, the six month limitation.

(2) Forest patrol assessment rolls shall be continuously maintained to reflect correct information with regard to ownership, acreage, subdivision of lots, lot line adjustments, combination of contiguous lots as provided in ORS 477.295, etc., however, neither the forester nor a county assessor is authorized to change the classification of forestland applied to a parcel of land, as filed with the county clerk by a forestland classification committee under 526.328, or by the State Forester under 526.340, except:

(a) As provided in section (1) of this rule;

(b) As necessary to correct obvious or minor administrative errors; or

History

Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009
Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370
DOF 1-2010, f. & cert. ef. 5-19-10

Or. Admin. R. 629-045-0060 Limitations and Classification by the State Forester

(1) Pursuant to ORS 526.340, the State Forester may identify and classify forestland in a county, consistent with 526.324 and 526.328, if:

(a) The governing body of a county has failed to establish a committee within two years after the State Forester made a request for such establishment pursuant to ORS 526.310(1);

(b) A committee failed to adopt and file a final classification, pursuant to ORS 526.328, within five years after the committee was first established; or

(2) Prior to identifying and classifying forestland in a county, pursuant to ORS 526.340(1)(b), the State Forester shall:(a) Allow a committee to work for at least two years after the committee was first established, before approaching the county governing body to identify and resolve any issue which might be creating an unreasonable delay in the committee’s progress toward fulfillment of its responsibilities.(b) Work with the county governing body to identify and resolve any issue which might be creating an unreasonable delay in the committee’s progress toward fulfillment of its responsibilities.

(3) Prior to identifying and classifying forestland in a county, pursuant to ORS 526.340(1)(c), the State Forester shall work with the county governing body to identify and resolve any issue which might be causing the committee to act in a manner inconsistent with 526.310 to 526.328.

(4) If the State Forester determines it is desirable or necessary to remove and replace some or all of a committee’s members in order to properly or timely fulfill a committee’s responsibilities, the State Forester shall request the appropriate appointing authority to remove and replace such members, pursuant to ORS 526.310(2).

History

Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009
Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370
DOF 1-2010, f. & cert. ef. 5-19-10

Or. Admin. R. 629-045-0065 Length of Committee Member Terms

The amendments to ORS 526.310(2), which become effective January 1, 2010, establish a four-year term for members of forestland classification committees, in the absence of other direction from the appointing authority. Unless otherwise provided for by the appointing authority, a committee member serving on January 1, 2010 may not serve more than four years after that date unless the member is reappointed. If a member is reappointed after January 1, 2010, the term of the reappointed member shall be four years, unless the appointing authority provides otherwise.

History

Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009
Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370
DOF 1-2010, f. & cert. ef. 5-19-10

Division 46 LOG BRANDS

Or. Admin. R. 629-046-0005 Definitions

The following words and phrases shall mean the following, unless the context otherwise requires:

(1) “Booming Equipment” includes boom sticks.

(2) “Brand” means an identifying mark upon forest products or booming equipment, as provided by rule and regulation of the State Forester; but any brands in use and registered with the Public Utility Commissioner on October 1, 1951, with the exception of those brands enclosed in the letter “C,” the use of which is particularly reserved for catch brands, may be continued in use, subject to the other provisions of ORS 532.010 to 532.140.

(3) “Catch Brand” means a mark or brand used by a person as an identifying mark upon forest products and booming equipment previously owned by another.

(4) “Forest Products” means any form, including, but not limited to, logs, poles, and piles into which a fallen tree may be cut before it undergoes manufacturing, but not including peeler cores.

(5) “Highway” means every street, alley, road, highway, and thoroughfare in this state, used by the public or dedicated or appropriated to public use.

(6) “Motor Vehicle” means any self-propelled or motor driven vehicle or any train or combination of vehicles used upon any highway in this state in transporting forest products.

(7) “Railroad” means any self-propelled vehicle or any train or combination of vehicles operating wholly on fixed rails or tracks.

(8) “Waters of This State” includes all bodies of fresh and salt water within the jurisdiction of the state capable of being used for the transportation of forest products, and all rivers and lakes and their tributaries, harbors, bays, sloughs, and marshes.

History

Statutory/Other Authority: ORS 526
Statutes/Other Implemented: ORS 530.059
FB 9, f. 9-20-61

Or. Admin. R. 629-046-0010 Special Definition “Brand”

(1) For purposes of this division, pursuant to authority of OAR 629-046-0005, “brand” shall mean an identifying mark upon forest products or booming equipment, which mark shall be at least two inches square.

(2) The mark shall be composed of one or more symbols such as letters, characters, or figures, within or without a single form or outline.

(3) The State Forester will not register any brand which is identical with a registered brand, or which closely resembles a registered brand, or which is designed in a style so as to make recognition difficult or confusing with a registered brand; excepting, however, those brands described in OAR 629-046-0005(2).

(4) A metal tag with the name or initial of the owner may be substituted for an impressed or cut brand when branding boom sticks. Such tags are to be registered with the State Forester in the manner prescribed for impressed or cut brands.

History

Statutory/Other Authority: ORS 183 & 526
Statutes/Other Implemented: ORS 530.059
FB 11-1986, f. & ef. 9-25-86
FB 9, f. 9-20-61

Or. Admin. R. 629-046-0015 Forest Products; Manufacturing

Under the provisions of ORS 532.010(4), any part of a fallen tree which has been processed though a mill, cut into cordwood, stove wood, hewn ties, or fence posts shall be excluded from the requirements of 532.010 to 532.140.

History

Statutory/Other Authority: ORS 526
Statutes/Other Implemented: ORS 530.059
FB 9, f. 9-20-61

Or. Admin. R. 629-046-0020 Forest Products; Branding Bundles

(1) For purposes of this rule, a “bundle” shall mean several sticks or pieces of forest products which are bundled together for purposes of handling or transportation.

(2) Forest products which are being transported in a bundle shall be deemed to be one unit. Placing or affixing a brand to such bundle shall be deemed compliance with ORS 532.010 to 532.140.

History

Statutory/Other Authority: ORS 526
Statutes/Other Implemented: ORS 530.059
FB 9, f. 9-20-61

Or. Admin. R. 629-046-0025 Forest Products; Shingle Bolts, Shake Bolts, Stud Logs

Shingle bolts, shake bolts, eight-foot stud logs, and other such forest products shall each be branded in accordance with the provisions of ORS 532.010 to 532.140; excepting, however, when being transported directly to the place of manufacturing, then, at the option of the owner, such may be branded by marking at least four outside units of such bolts, logs, or other forest products.

History

Statutory/Other Authority: ORS 526
Statutes/Other Implemented: ORS 530.059
FB 9, f. 9-20-61

Or. Admin. R. 629-046-0030 Branding; Conspicuous Place

All brands required by ORS 532.010 to 532.140 shall be marked on the forest products and booming equipment in a conspicuous place, which place shall be a surface whereon said brand shall be readily visible and legible.

History

Statutory/Other Authority: ORS 526
Statutes/Other Implemented: ORS 530.059
FB 9, f. 9-20-61

Division 47 ENFORCEMENT POLICY

Or. Admin. R. 629-047-0010 Definitions

(1) The definitions set forth in ORS 477.001 shall apply to OAR 629, division 047, unless the context otherwise requires.

(2) The following words and phrases, when used in OAR 629, division 047, shall mean the following unless the context otherwise requires:

(a) “Authorized Fire Warden” means a person who has been designated, a Fire Warden — Class A, Fire Warden — Class B, or a Fire Warden-Wildfire Investigator by the Forester.

(b) "Bona fide effort” means a good faith attempt to control or extinguish a fire, considering the communication facilities available, the tools available, the water available and the mental and physical condition of the person.

(c) “District Forester” means the person in charge of a district, including Oregon Department of Forestry district foresters and forest protection association district managers and district supervisors.

(d) “Fire Prevention Citation” means a uniform citation issued pursuant to ORS 477.980 to 477.993 and administrative rules adopted thereunder. Receipt of a Fire Prevention Citation subjects the violator to a fine.

(e) “Fire prevention requirements of ORS Chapter 477” means any of the permit and fire prevention requirements of:

(A) ORS 477.510, 477.515, 477.535, 477.540, 477.545, 477.550, 477.565, 477.615, 477.625, 477.635, 477.640, 477.645, 477.650, 477.655, 477.660, 477.665, 477.670, 477.695, 477.710, 477.720, 477.740; and

(B) Administrative rules adopted pursuant to the statutes listed in subsection (a) of this section; and

(C) Written orders of the forester issued pursuant to the statutes and administrative rules described in subsections (A) and (B) of this section.

(f) “Fire Prevention Warning” means written notice issued to a violator pursuant to OAR 629, division 047. Receipt of a Fire Prevention Warning requires the violator to pay no fine.

(g) “Fire service agency” means fire suppression resources of, or contracted by, the Oregon Department of Forestry, a forest protective association, the U.S. Department of Interior, the U.S. Department of Agriculture, a rangeland fire protection association, a rural fire protection district, a city fire department or a private fire department.

(h) “Serious violation” means a violation that results in a fire which proximately causes human injury, loss of human life, or causes property damage of $10,000 or more.

(i) “Violation” means the circumstance which exists any time a violator fails to comply with the fire prevention requirements of ORS Chapter 477.

(j) “Violator” means the corporation, operator or person subject to ORS Chapter 477 which is responsible for a violation of the fire prevention requirements of ORS Chapter 477.

(k) “Written order” means a written requirement, from the forester, for a specified practice.

History

Statutory/Other Authority: ORS 477.980
Statutes/Other Implemented: ORS 477.980 - 477.993
DOF 17-2024, amend filed 09/30/2024, effective 01/01/2025
DOF 2-1999, f. & cert. ef. 5-13-99
DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0020 General Policy

It is the policy of the Oregon Department of Forestry to gain compliance with the fire prevention requirements of ORS Chapter 477 first through education and cooperation, and second through enforcement. Authorized fire wardens are to educate forest users on the need for the fire prevention requirements of ORS Chapter 477 and to cooperate with the users in formulating solutions to compliance problems within the realm of these requirements.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.005
DOF 2-1999, f. & cert. ef. 5-13-99
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0030 Purpose

The purpose of OAR 629, division 047 is to ensure a uniform response by authorized fire wardens to violations. Exceptions to these enforcement policies are intended to be few in number and shall be approved in writing by the district forester on forms provided by the State Forester for that purpose.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.005
DOF 2-1999, f. & cert. ef. 5-13-99
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0040 Basic Enforcement Action

(1) When a violation is determined to exist, an authorized fire warden shall:

(a) Issue either a Fire Prevention Citation or a Fire Prevention Warning to the violator in accordance with ORS Chapter 477 and OAR 629-047-0040 to 629-047-0280.

(A) A Fire Prevention Citation shall be issued if:

(i) A violator has been issued a Fire Prevention Citation or a Fire Prevention Warning for the any violation of ORS 477, in any district, in the previous 60 months; or

(ii) The enforcement policy for the violation set forth in OAR 629, division 047 requires the issuance of a Fire Prevention Citation; or

(iii) Under periods of extreme fire danger.

(B) A Fire Prevention Warning shall be issued if the enforcement policy for the violation set forth in OAR 629, division 047 requires the issuance of a Fire Prevention Warning.

(b) Not allow continuance of any portion of an operation exposed to an increased risk of fire due to a violation and existing or predicted weather conditions, until such time as compliance is restored by:

(A) Ordering, in writing, that portion of the operation stopped; and

(B) Suspending, in writing, for that portion of the operation, the permit issued under ORS 477.625. Examples:

(i) When the spark arrester on a dozer is found to be in violation of a requirement of ORS 477.645, the operator shall be ordered to cease operation of the dozer and that portion of the permit issued under 477.625 pertaining to the dozer shall be suspended until the spark arrester is in compliance.

(ii) When fire tools required by ORS 477.655 are found to be inadequate, the operator shall be ordered to cease all activity on the operation and the permit issued under 477.625 shall be suspended until the fire tools are in compliance.

(2) Timber sale contract provisions and other similar instruments shall not be used as enforcement measures in lieu of the issuance of a Fire Prevention Citation or of a Fire Prevention Warning.

(3) Notwithstanding the requirements of section (1) of this rule, a district forester may, on a case by case basis, allow an exception to these enforcement policies when circumstances warrant:

(a) In determining if circumstances warrant an exception to these enforcement policies, the district forester shall consider the following factors:

(A) A violators prior violation of the same or similar fire prevention requirements of ORS Chapter 477; and

(B) The gravity and magnitude of the violation; and

(D) Whether the cause of the violation was an unavoidable accident or a willful, malicious or negligent act; and

(E) Whether the violation constitutes a serious violation.

(b) Exceptions to these enforcement policies are intended to be few in number and shall be approved in writing by the district forester on forms provided by the State Forester for that purpose.

History

Statutory/Other Authority: ORS 477.980
Statutes/Other Implemented: ORS 477.980 - 477.993
DOF 17-2024, amend filed 09/30/2024, effective 01/01/2025
DOF 2-1999, f. & cert. ef. 5-13-99
DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0050 Fire Prevention Citation Issuance Limitations

Notwithstanding the requirements of OAR 629-047-0080 to 629-047-0280, multiple violations of the same fire prevention requirement of ORS Chapter 477 on an operation shall be considered a single violation each day they continue. Examples:

(1) If five powersaw spark arrester violations are observed, only one Fire Prevention Citation shall be issued each day for powersaw spark arrester violations;

(2) If two powersaw fire extinguisher violations and one powersaw spark arrester violation are observed, only one Fire Prevention Citation shall be issued each day for powersaw fire extinguisher violations, in addition to the issuance of a Fire Prevention Citation or Fire Prevention Warning for the powersaw spark arrester violation.

History

Statutory/Other Authority: ORS 477.980
Statutes/Other Implemented: ORS 477.980 - 477.993
DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0060 Fire Prevention Enforcement Limitations

Only authorized fire wardens who have been designated a Fire Warden — Class A, by the forester on or after the original effective date of this rule, may issue a Fire Prevention Warning or a Fire Prevention Citation for violations involving the fire prevention requirements of ORS 477.510, 477.565, 477.615, 477.625, 477.635, 477.650, 477.655, 477.660, 477.665, 477.670, and 477.695.

History

Statutory/Other Authority: ORS 477.980
Statutes/Other Implemented: ORS 477.980 - 477.993
DOF 2-1999, f. & cert. ef. 5-13-99
DOF 11-1998, f. & cert. ef. 8-13-98
DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0070 Records

(1) Each district shall maintain records of all violations occurring on and after the effective date of this rule.

(2) For each violation, districts shall record the following minimum information:

(a) Name of violator, as it appears on a driver license or as it appears in records of the Corporation Division of the Secretary of State; and

(b) Date of the violation; and

(c) A description of the violation, including the Oregon Revised Statute number and the Oregon Administrative Rule number; and

(d) Whether a Fire Prevention Citation or a Fire Prevention Warning was issued; and

(e) The serial number of the Fire Prevention Citation or Fire Prevention Warning form.

History

Statutory/Other Authority: ORS 477.980
Statutes/Other Implemented: ORS 477.980 - 477.993
DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0090 Enforcement Policy for ORS 477.510 — Acts Prohibited During Closed Fire Season

A Fire Prevention Citation shall be issued for all violations.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.510
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0100 Enforcement Policy for ORS 477.515, OAR 629-043-0041 and 629-043-0043 — Burning Permits

A Fire Prevention Citation shall be issued for all violations.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.515
DOF 17-2024, amend filed 09/30/2024, effective 01/01/2025
DOF 2-1999, f. & cert. ef. 5-13-99
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0110 Enforcement Policy for ORS 477.535, 477.540, 477.545 and 477.550 — Regulated, Permit, Absolute Closures

The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.535, 477.540, 477.545 & 477.550
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0120 Enforcement Policy for ORS 477.565 and OAR 629-043-0005 — Snag Falling

The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.565
DOF 2-1999, f. & cert. ef. 5-13-99
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0130 Enforcement Policy for ORS 477.615 and OAR 629-043-0010 — Additional Water Supply

A Fire Prevention Citation shall be issued for all violations.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.615
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0150 Enforcement Policy for ORS 477.625 and OAR 629-043-0026 — Permit to Use Fire or Power-Driven Machinery and Operation Area Fire Prevention

(1) For ORS 477.625 and OAR 629-043-0026(1), a Fire Prevention Citation shall be issued for all violations.

(2) For OAR 629-043-0026(2) to (5), the basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.625
DOF 2-1999, f. & cert. ef. 5-13-99
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0160 Enforcement Policy for ORS 477.635 — Refused, Suspended or Revoked Permit To Use Fire Or Power-Driven Machinery

A Fire Prevention Citation shall be issued for all violations.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.635
DOF 2-1999, f. & cert. ef. 5-13-99
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0170 Enforcement Policy for ORS 477.640 and OAR 629-043-0036 — Powersaws

The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.640
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0180 Enforcement Policy for ORS 477.645 and OAR 629-043-0015 — Spark Arresters

The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.

History

Statutory/Other Authority: ORS 477.980
Statutes/Other Implemented: ORS 477.980 - 477.993
DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0190 Enforcement Policy for ORS 477.650 and OAR 629-043-0020 — Water Supply and Equipment for Stationary Equipment

The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.6750
DOF 2-1999, f. & cert. ef. 5-13-99
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0200 Enforcement Policy for ORS 477.655 and OAR 629-043-0025 — Fire Tools

The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.

History

Statutory/Other Authority: ORS 477.980
Statutes/Other Implemented: ORS 477.980 - 477.993
DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0210 Enforcement Policy for ORS 477.660 — Additional Protection Facilities

The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.660
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0220 Enforcement Policy for ORS 477.665 and OAR 629-043-0030 — Watchman

The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.

History

Statutory/Other Authority: ORS 477.980
Statutes/Other Implemented: ORS 477.980 - 477.993
DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0230 Enforcement Policy for ORS 477.670 and OAR 629-043-0070 — Industrial Fire Precaution Levels

The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.670
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0250 Enforcement Policy for ORS 477.695 — Railroad Right-Of-Way

The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.695
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0260 Enforcement Policy for ORS 477.710 — Campfires

A Fire Prevention Citation shall be issued for all violations.

History

Statutory/Other Authority: ORS 477 & 526
Statutes/Other Implemented: ORS 477.710
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0270 Enforcement Policy for ORS 477.720 — Accidentally Setting Fire to Forestland

The basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.

History

Statutory/Other Authority: ORS 477.980
Statutes/Other Implemented: ORS 477.980 - 477.993
DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0280 Enforcement Policy for ORS 477.740 — Unlawful Use of Fire

(1) For ORS 477.740(1)(a) and 477.740(1)(b), a Fire Prevention Citation shall be issued for all violations.

(2) For ORS 477.740(1)(c):

(a) If a bona fide effort was made by the violator, the basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.

(b) If a bona fide effort was not made by the violator, a Fire Prevention Citation shall be issued for all violations.

(3) For ORS 477.740(2):

(a) If the violator was responsible for the starting or existence of the fire, a Fire Prevention Citation shall be issued for all violations.

(b) If the violator was not responsible for the starting or existence of the fire, the basic enforcement action set forth in OAR 629-047-0040 shall apply to all violations.

History

Statutory/Other Authority: ORS 477.980
Statutes/Other Implemented: ORS 477.980 - 477.993
DOF 5-1998, f. 3-10-98, cert. ef. 5-1-98
FB 2-1994, f. & cert. ef. 6-9-94

Or. Admin. R. 629-047-0290 Enforcement Policy for ORS 477.993(3) — Unauthorized Entry Into a Fire Scene

(1) A Fire Prevention Warning shall be issued for any unauthorized entry into a fire scene secured in accordance with ORS 477.365(1)(f), if the violator entered the secured area by accident or unintentionally.

(2) A uniform citation for a Class A Misdemeanor shall be issued and processed for any unauthorized entry into a fire scene secured in accordance with ORS 477.365(1)(f), if the violator entered the secured area intentionally or after having been warned to avoid entry.

History

Statutory/Other Authority: ORS 477.980
Statutes/Other Implemented: ORS 477.365(1)(f) & 477.993(3)
DOF 2-2000, f. 1-13-00 cert. ef. 2-1-00

Division 48 SMOKE MANAGEMENT

Or. Admin. R. 629-048-0001 Title, Scope and Effective Dates

(1) OAR 629-048-0001 through 629-048-0500 are known as the Smoke Management rules.

(2) The Smoke Management rules apply to prescribed burning of forest fuels for forest management purposes within any forest protection district in Oregon as described by OAR 629-041-0500 to 629-041-0575.

(3) The Smoke Management rules are effective March 1, 2019

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 2-2014, f. & cert. ef. 7-11-14
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0005 Definitions

Unless otherwise defined below, terms used in this rule division shall have the meaning provided in ORS 477.001:

(1) “Alternatives to burning” means any forest management activity that reduces the volume of material, rather than actually being burned.

(2) “Board” means the State Board of Forestry.

(3) “Burn boss” means the person, authorized by the owner (may include the owner) or a federal land management agency to conduct and make decisions regarding the practices involved in conducting a prescribed burning operation and who is responsible for compliance with all requirements under this rule division and related laws.

(4) “Burn registration” means the act or product of notifying the forester to the required level of detail, of intent to conduct a prescribed burning operation as required by OAR 629-048-0300.

(5) “Class I Area” means national parks and certain wilderness areas designated by Congress in 1977 as federal Class I Areas that are subject to visibility protection under the Environmental Protection Agency’s Regional Haze Rule and the federal Clean Air Act. Class I Areas in Oregon include: Crater Lake National Park, Diamond Peak Wilderness, Eagle Cap Wilderness, Gearhart Mountain Wilderness, Hells Canyon Wilderness, Kalmiopsis Wilderness, Mountain Lakes Wilderness, Mount Hood Wilderness, Mount Jefferson Wilderness, Mount Washington Wilderness, Strawberry Mountain Wilderness and Three Sisters Wilderness.

(6) “Class 1 forestland” has the same meaning as given in ORS 526.324 to “timber class” and includes all forestland primarily suitable for the production of timber.

(7) “Class 2 forestland” has the same meaning as given in ORS 526.324 to “timber and grazing class” and includes all forestland primarily suitable for joint use for timber production and the grazing of livestock, as a permanent or semi-permanent joint use, or as a temporary joint use during the interim between logging and reforestation.

(8) “Class 3 forestland” has the same meaning as given in ORS 526.324 to “agricultural class” and includes all forestland primarily suitable for grazing or other agricultural use.

(9) “Department” means the Oregon Department of Forestry (ODF).

(10) “Eastern Oregon” means the eighteen Oregon counties lying east of Multnomah, Clackamas, Marion, Linn, Lane, Douglas, and Jackson Counties.

(11) “Emission reduction technique” means any forest management activity that allows for a lower volume of particulate to be produced from a given volume of burning.

(12) “Emissions” means the gaseous and particulate combustion products in smoke resulting from burning forest fuels.

(13) “Federal land management agency” means the United States Department of Agriculture’s Forest Service; the United States Department of the Interior’s Bureau of Land Management, National Park Service, United States Fish and Wildlife Service, or Bureau of Indian Affairs; or any other federal agency that may conduct prescribed burning within a forest protection district.

(14) “Field administrator” means an ODFemployee, a forest protective association, or federal land management agency who has, among other responsibilities, an official role in determining whether a prescribed burn should proceed, continue or be suspended.

(15) “Forester” means the State Forester or authorized representative including but not limited to fire wardens appointed under ORS 477.355.

(16) “Forest fuels” means any flammable woody material, grass or other plant matter that may constitute a wildfire hazard or that is intended for disposal by prescribed burning, but does not include products that have had secondary processing such as boards, posts or paper.

(17) “Forest protection district” means an area of forestland designated by the State Forester for protection from fire pursuant to ORS 477.225. Detailed descriptions of the forest protection districts may be found in OAR 629-041-0500 to 629-041-0575.

(18) “Ground level” means at or close to the surface of the earth such that smoke at “ground level” could be inhaled by persons going about their normal business, in or out of doors. It does not include smoke that passes overhead when prescribed burning is conducted in accordance with the Smoke Management forecast and instructions.

(19) “Level 1 regulation” means the program of requirements that apply to all forestland managed by a federal land management agency statewide, and all Class 1 forestland in western Oregon within a forest protection district (OAR 629-048-0100(2). These requirements include burn registration at least seven days in advance (OAR 629-048-0300), fee administration (OAR 629-048-0310), compliance with Smoke Management forecast instructions (OAR 629-048-0230), and reporting of accomplishments (OAR 629-048-0320).

(20) “Level 2 regulation” means the program of requirements that apply to all non-federal forestlands in eastern Oregon, and all Class 3 forestland in western Oregon within a forest protection district (OAR 629-048-0100(3). These requirements include burn registration (OAR 629-048-0300) and reporting of accomplishments (OAR 629-048-0320).

(21) “Mop-up” means action, usually involving the application of water or other means to eliminate heat, remove fuel or reduce the supply of oxygen, sufficient to make a fire safe or reduce residual smoke.

(22) “Other areas sensitive to smoke” means specific recreation areas not listed as SSRAs in OAR 629-048-0140 but that are intended to receive consideration for focused forecasting attention for limited times during periods of heavy use by the public such as coastal beaches on holidays and other areas during special events.

(23) “Prescribed burning” means the use of fire ignited as a planned management activity on forestland to meet specific objectives involving the reduction or removal of forest fuels. Prescribed burning does not include impromptu fires ignited for purposes such as warming fires, burn-out or backfire operations used in wildfire suppression, or lightning ignited “wildland fire use” as practiced by federal land management agencies.

(24) “Regional haze” means air pollution transported over long distances into Class I Areas that reduces visibility in those areas.

(25) “Residual smoke” means smoke produced after the initial fire has passed through the fuel.

(26) “Smoke Sensitive Receptor Area or SSRA” means an area designated for the highest level of protection under the Smoke Management Plan, as described and listed in OAR 629-048-0140.

(27) “Smoke intrusion” means the verified entrance of smoke from prescribed burning into an SSRAat ground level thataverages at or above70 micrograms per cubic meterof particulate matter of 2.5 microns or less (PM2.5)for any one-hour period and/or averages at or above 26 micrograms per cubic meter for a 24-hour period, measured from midnight to midnight.

(28) “Smoke incident” means the verified entrance of smoke from prescribed burning into an SSRA at levels below a smoke intrusion (see “smoke intrusion” definition) , other areas sensitive to smoke, or a community other than an SSRA .

(29) “Smoke Management forecast unit” means any or all of the persons appointed or assigned by the State Forester to develop and interpret weather forecasts and produce Smoke Management instructions, usually operating from the department headquarters in Salem.

(30) “Underburning” means low-intensity prescribed burning to maintain forest health through reduction of fuels in the understory of a forest stand while maintaining the over story stand characteristics.

(31) “Vulnerable populations” means people with specific sensitivities including, but not limited to, those with heart diseases, coronary artery disease, congestive heart failure, or those with lung and respiratory diseases, such as chronic obstructive pulmonary disease (COPD), and those with asthma, older adults, pregnant women, and children.

(32) “Western Oregon” means the eighteen Oregon counties lying west of Hood River, Wasco, Jefferson, Deschutes and Klamath Counties.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 2-2014, f. & cert. ef. 7-11-14
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0010 Purpose

(1) ORS 477.013 requires the State Forester and the Department of Environmental Quality (DEQ) to approve a plan for managing smoke in areas that they are to designate, for the purpose of maintaining air quality. The plan must designate areas within which all burning must comply with the plan.

(2) The Smoke Management rules are intended to establish the areas required by ORS 477.013; describe the objectives of the Smoke Management Plan; establish procedures to be followed in administering prescribed burning; educate the public as to the necessity of prescribed burning and the measures being taken to protect air quality, public health and visibility; and to provide enforceable mechanisms to ensure the requirements of the Smoke Management Plan are met.

(3) The Smoke Management rules, promulgated by the State Forester, together with Department Directive 1-4-1-601, “Operational Guidance for the Oregon Smoke Management Program,” shall comprise the Smoke Management Plan upon approval by DEQ and filing with the Secretary of State.

(4) The objectives of the Smoke Management Plan are to:

(a) Minimize smoke emissions resulting from prescribed burning as described by ORS 477.552;

(b) Provide maximum opportunity for essential forestland burning;

(d) Coordinate with other state smoke management programs;

(e) Comply with state and federal air quality and visibility requirements; and

(f) Promote the further development of techniques to minimize or reduce emissions by encouraging cost-effective utilization of forestland biomass, alternatives to burning and emission reduction techniques.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0020 Necessity of Prescribed Burning

(1) ORS 477.005 declares that the public policy of the State of Oregon is to preserve forests “through the prevention and suppression of forest fires.” Prescribed burning is an important tool used to reduce forest fuels, re-introduce fire on the landscape, and has been demonstrated to reduce the potential for a fire to start or reduce its severity. It has also been demonstrated that fire suppression actions are more effective and lower in cost in areas with a recent history of burning.

(2) As a part of the natural ecology of forestlands, wildfire is neither necessarily good nor bad. In fire-dependent ecosystems, frequent wildfire serves to limit spread of subsequent fires. However, there are a number of undesirable characteristics of unplanned, uncontrolled fires. Among these are threats to public safety, destruction of natural resources and property, and the adverse health effects that can occur from breathing a significant amount of fine particulate matter associated with wildfire smoke.

(3) When areas do not experience fire or other means of reducing forest fuels for extended periods, wildfire hazard increases. The likelihood increases if unplanned ignitions occur, through whatever means, the resulting wildfire will burn at greater intensity and be more difficult to suppress.

(4) Because wildfires typically burn during hotter, drier conditions than those usually planned for prescribed fires, forest fuels are more completely consumed, producing more emissions. Also, wildfires often occur during periods of atmospheric stability, trapping smoke close to the ground where it’s more likely to impact humans.

(5) Prescribed burning is an important forest management technique in all of Oregon’s forests to reduce forest fuels for the purposes of both short term and long term fire prevention and to aid in fire suppression. Prescribed burning is typically conducted when weather conditions allow fine fuels to readily ignite while larger fuels are consumed to a lesser degree than in a wildfire. Resulting emissions are reduced and dissipated quickly, before affecting populated areas.

(6) When forest fuel reduction can be achieved economically without using prescribed burning, that choice is usually favored. Even so, there are often silvicultural or agricultural advantages to prescribed burning such as site preparation, nutrient cycling and reduction of pests and disease that may not be achieved by simply removing the forest fuels. For all these reasons described above, the Legislative Assembly (ORS 477.552) and Board of Forestry have found it necessary to maintain prescribed burning as a forest management practice.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0021 Necessity of Safeguarding Public Health

(1) Excessive smoke, no matter its source, can pose a serious health risk to the public, especially vulnerable populations.

(2) To help minimize the health risks to the public from prescribed burning, the program encourages prescribed burning emissions be minimized and smoke intrusions be avoided.

History

Statutory/Other Authority: ORS 477.013, ORS 477.562, ORS 526.016 & ORS 526.041
Statutes/Other Implemented: ORS 477.013, ORS 477.515 & ORS 477.562
DOF 1-2019, adopt filed 02/15/2019, effective 03/01/2019

Or. Admin. R. 629-048-0100 Regulated Areas

(1) All lands classified as “forestland” under ORS 526.305 to 526.370 and all forestland managed by a federal agency regardless of whether or not classified, within a forest protection district, are subject to regulation of prescribed burning pursuant to 477.013. The level of regulation may vary according to specific classification; e.g., Class 1, 2 or 3 forestland as described in 526.305 to 526.370.

(2) Class 1 forestland in western Oregon, and all forestland managed by a federal land management agency statewide, within a forest protection district, is subject to burn registration at least seven days in advance (OAR 629-048-0300), fee administration (629-048-0310), compliance with Smoke Management forecast instructions (629-048-0230), and reporting of accomplishments (629-048-0320). The forestlands and applicable regulations listed in this section may be referred to as “Level 1 regulation.”

(3) All other non-federal forestland within a forest protection district, including, but not limited to, private forestlands in eastern Oregon and Class 3 private forestland in western Oregon is subject to burn registration (OAR 629-048-0300) and reporting of accomplishments (629-048-0320) but is not subject to fee administration or compliance with smoke management forecast instructions. The forestlands and applicable regulations listed in this section may be referred to as “Level 2 regulation.”

(4) All prescribed burning on forestland within a forest protection district is subject to suspension of burning by the forester under ORS 477.520 due to conditions such as air stagnation or fire danger.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0110 Characterization and Response to Smoke Incidents, Smoke Intrusions, and National Ambient Air Quality Standards (NAAQS) Exceedances

(1)(a) When investigating or collecting information on smoke incidents or smoke intrusions, the department will attempt to characterize the impact as either a smoke intrusion or a smoke incident as defined in OAR 629-048-0005.

(b) As used in the Smoke Management rules, "smoke intrusion" refers only to ground level prescribed burning smoke that enters an SSRA at particulate matter values defined in OAR 629-048-0005(27).

(2) When measurements or observations are available, smoke incidents or smoke intrusions are characterized based on particulate matter values over a one-hour average period, or a 24-hour average period from midnight to midnight .

(3) When no particulate matter dataareavailable, smoke incidents or smoke intrusions are determined based on reduction in visibility averaged over a one-hour period using standard National Weather Service visibility observation criteria (Federal Meteorological Handbook No. 1) and a table of reductions keyed tovarious background visibility levels as displayed in Department Directive 1-4-1-601, “Operational Guidance for the Oregon Smoke Management Program.”

(4) Smoke incidents andsmoke intrusions will be documented and used to assess annual program performance. Department Directive 1-4-1-601 “Operational Guidance for the Oregon Smoke Management Program” will describe applicable reporting requirements and actions to be taken.

(5) Smoke intrusions thataverage at or abovethe 24-hour average PM2.5 value of 35 microgram per cubic meter (NAAQS exceedance) will be reported to DEQ as soon as possible. Department Directive 1-4-1-601 “Operational Guidance for the Oregon Smoke Management Program” will describe applicable reporting requirements and adaptive management actions to be taken if this event occurs.

[ED. NOTE: Department Directive 1-4-1-601 “Operational Guidance for the Oregon Smoke Management Program.” is available online at: http://www.oregon.gov/ODF/Documents/Fire/smd.pdf]

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0120 Air Quality Maintenance Objectives

(1) When prescribed burning is conducted near, but outside communities or areas designated as SSRAs, the objective of the Smoke Management Plan is to minimize emissions and avoid smoke intrusions into the SSRA.

(2) When prescribed burning is conducted inside an SSRA, the Smoke Management Plan objective is to use best burn practices and prompt mop-up, as appropriate, along with tight parameters for burn-site conditions that are intended to vent the main smoke plume up and out of the SSRA and minimize residual smoke.

(3) In all other instances of prescribed burning it is the intent under the Smoke Management Plan to minimize the amount and duration of smoke that comes in contact with humans where they live, workor gather in public.

(4) The first element in minimizing smoke contact is encouraging forestland owners to burn only those units which cannot otherwise meet forest management objectives in cost- effective alternative ways such as wood or biomass utilization.

(5) When prescribed burning is used, owners are further encouraged to employ the emission reduction techniques described in OAR 629-048-0210 to ensure the least emissions practicable.

(6) In addition to compliance with Smoke Management instructions issued in the daily forecast and compliance with all conditions of the burn permit required under ORS 477.515, burn bosses and field administrators are encouraged to closely observe local conditions at the burn site. They should alter or suspend lighting if necessary, and mop-up burns, when appropriate, in a manner that takes into consideration the possible smoke effects from the main smoke plume or significant residual smoke on residences or businesses that may be near the burn site.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0130 Visibility Objectives

(1) It is the intent under the Smoke Management Plan to comply with the Oregon Visibility Protection Plan (OAR 340-200-0040, Section 5.2).

(2) It is the intent under the Smoke Management Plan to operate in a manner consistent with the Oregon Regional Haze Plan, including the Enhanced Smoke Management Program (ESMP) criteria contained in the plan, for the purpose of protecting Class I Area visibility. These ESMP criteria include:

(a) Actions to minimize emissions;

(b) Evaluation of smoke dispersion;

(d) Public notification;

(e) Air quality monitoring;

(f) Surveillance and enforcement;

(g) Program evaluation;

(h) Burn authorization; and

(i) Regional coordination.

(3) When prescribed burning is conducted outside any Class I Area, an objective of the Smoke Management Plan is to minimize any smoke that impairs visibility inside the Class I Area. In addition to compliance with Smoke Management instructions issued in the daily forecast and compliance with all conditions of the burn permit required under ORS 477.515, burn bosses and field administrators are encouraged to closely observe local conditions at the burn site to avoid the main smoke plume entering a Class I Area at ground level.

(4) When prescribed burning is conducted inside a Class I Area, the Smoke Management Plan objective is to use best practices along with tight parameters for burn site conditions that will vent the main smoke plume up and out of the Class I Area and minimize residual smoke.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 2-2014, f. & cert. ef. 7-11-14
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0135 Special Protection Zone Requirements

Special Protection Zones (SPZ) have been established around certain communities (see maps located within Department Directive 1-4-1-601, “Operational Guidance for the Oregon Smoke Management Program, Appendix 5” requiring additional protection from particulates. Any burning in an SPZ, during its protection period, must have the approval of the meteorologist. These SPZ provisions apply from November 15 through February 15 to the following communities which are particulate matter (PM) nonattainmentormaintenance areas: Klamath Falls, Medford, Oakridge, and Lakeview.

(1) From November 15 through February 15, prescribed burning in the SPZ is allowed on “Green” and “Yellow” woodstove days (see OAR 340-262-0800 and local ordinances for communities listed above) if:

(a) The ODF Smoke Management meteorologist believessmoke impactswill not exceed smoke intrusion levels .

(b) Landowners are responsible for intermittent monitoring for at least three days following ignition to ensure the smoke is not causing an impactthat could exceed smoke intrusion levels.ODF can waive this provision if it believes monitoring is unnecessary on a specific burn unitdue to limited smoke production .

(c) Landowners provide a level of mop-up, as directed by ODF, to minimize smoke impactsto levels below a smoke intrusion.Mop-up shall be included as an element of the burn plan.

(2) From December 1 through February 15, no prescribed burning is allowed on “Red” woodstove days in the SPZ. Prescribed burning on “Red” days from November 15 through 30 is allowed and subject to the same conditions for “Green” and “Yellow” days as described in section 1(a - c) of this rule.

(3)Districts and Forests having jurisdiction in any SPZ will be responsible for monitoring restrictions in the nonattainment or maintenance area as described in section 1 and 2 of this rule.

(4)SPZ provisions shall apply as long as the area is in PM nonattainment or is in maintenance of the PM standard. An SPZ shall be developed by DEQ or Lane Regional Air Protection Agency (LRAPA) for any newly declared PM nonattainment area, in consultation with ODF. For areas declared nonattainment from January 1 through May 31, the new SPZ requirements shall become effective on November 15 in the year the area is declared nonattainment. If the area is declared nonattainment from June 1 through December 31, the new SPZ shall be effective on November 15 of the following year.

History

Statutory/Other Authority: ORS 477.013, ORS 477.562, ORS 526.016 & ORS 526.041
Statutes/Other Implemented: ORS 477.013, ORS 477.515 & ORS 477.562
DOF 1-2019, adopt filed 02/15/2019, effective 03/01/2019

Or. Admin. R. 629-048-0137 SPZ Contingency Plan Requirements

In the event communities listed in OAR 629-048-0135exceed the 24-hour average PM2.5 National Ambient Air Quality Standard value of 35 micrograms per cubic meterduring the SPZ provision period, and prescribed burning is determined to be acontributor using verification methods to include, but not limited to ground, aerial, or equipment monitoring, the following contingency plan requirements shall be implemented:

(1) The SPZ boundary will be expanded to include the area from which prescribed burning could impact the PM nonattainment or maintenance area. Any boundary change will be jointly agreed to by ODF and DEQ.

(2) SPZ restrictions will apply from November 1 through March 1.

(3) The SPZ for Klamath Falls and Lakeview, as well as all future PM nonattainment or maintenance areas in areas of level 2 regulation under the Oregon Smoke Management Plan, shall be subject to burning reporting requirements of Level 1 regulation during the time when the SPZ is in effect.

(4) ODF and DEQ will take adaptive management steps described in OAR 629-048-0110(5).

[ED. NOTE: Language in OAR 629-048-0135 and 0137 was previously in the Department Directive 1-4-1-601 “Operational Guidance for the Oregon Smoke Management Program.”]

History

Statutory/Other Authority: ORS 477.013, ORS 477.562, ORS 526.016 & ORS 526.041
Statutes/Other Implemented: ORS 477.013, ORS 477.515 & ORS 477.562
DOF 1-2019, adopt filed 02/15/2019, effective 03/01/2019

Or. Admin. R. 629-048-0140 Smoke Sensitive Receptor Areas

A SSRA is an area designated by the board, in consultation with DEQ, which is provided the highest level of protection under the Smoke Management Plan. This is due to its past history of smoke incidents, density of population or other special legal status related to visibility such as the Columbia River Gorge Scenic Area. The following are SSRAs:

(1) The area within the State of Oregon commonly understood to be the Willamette Valley that:

(a) Lies east of the forest protection district boundaries of the Northwest Oregon, West Oregon and Western Lane Forest Protection Districts, west of the forest protection district boundaries of the North Cascade and South Cascade Forest Protection Districts and north of where the Western Lane and South Cascade Forest Protection Districts come together in southern Lane County (for detailed district boundary descriptions, see OAR 629-041-0500 to 629-041-0575);

(b) Notwithstanding the actual location of the forest protection district boundaries, includes the area within the city limits of the following cities that straddle, or are within but immediately adjoin, the forest protection district boundary:

(A) Carlton;

(B) Corvallis;

(D) Dallas

(E) Eugene;

(F) McMinnville;

(G) Portland;

(H) Sheridan;

(I) Silverton;

(J) Springfield;

(K) St. Helens;

(L) Stayton;

(M) Sublimity;

(N) Veneta;

(O) Willamina; and

(P) Yamhill;

(2) Within the acknowledged urban growth boundaries of the following cities:

(a) Astoria;

(b) Baker City;

(d) Burns;

(e) Coos Bay;

(f) Enterprise;

(g) Grants Pass;

(h) John Day;

(i) Klamath Falls;

(j) La Grande;

(k) Lakeview;

(l) Lincoln City;

(m) Newport;

(n) North Bend;

(o) Oakridge;

(p) Pendleton;

(q) Redmond;

(r) Roseburg;

(s) The Dalles; and

(t) Tillamook;

(3) The area within the Bear Creek and Rogue River Valleys described in OAR 629-048-0160, including the cities of Ashland, Central Point, Eagle Point, Jacksonville, Medford, Phoenix and Talent; and

(4) The area within the Columbia River Gorge Scenic Area, as described in 16 U.S.C. Section 544b, (2003).

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0150 Criteria for Future Listing of Smoke Sensitive Receptor Areas

To ensure continued accomplishment of the Smoke Management Plan objectives, additional SSRAs may be listed according to the following procedures:

(1) Not more than once per calendar year, the board must consider additional SSRA listings if:

(a) ODF recommends consideration of a community for SSRA listing based on observations of repeated smoke incidents as described in section (5) of this rule;

(b) DEQ recommends consideration of a community for SSRA listing based on evidence of airborne particulate concentrations in the community at levels that make periodic NAAQS exceedances a significant possibility; or

(c) The governing body of a city, or county for an unincorporated area, requests by official action consideration of a community for SSRA listing, and cites the reasons for its request upon:

(A) The occurrence of a smoke incident as described in section (5) of this rule lasting more than four hours; or

(B) Repeated smoke incidents as described in section (5) of this rulein the same calendar year.

(2) When considering whether to list a community as an SSRA, the board shall evaluate the evidence presented to it, including any information received at one or more public meetings.

(a) Specifically, the board shall consider information regarding:

(A) The frequency, duration and magnitude of smoke incidents;

(B) Population of the community;

(C) The results, if any, of mechanical or systematic monitoring of airborne particulate concentrations, or other verifiable information regarding existing air quality problems in the community under consideration;

(D) The nature and performance of any local programs addressing airborne particulate concentrations;

(E) Recent trends in, and future plans for, prescribed burning activity on surrounding forestlands;

(F) Any local topographic or meteorological effects that may influence the frequency, duration or magnitude of smoke incidents;

(G) Evaluation of the local and regional effect that listing the community as an SSRA will have on the Smoke Management Plan’s objectives of maintaining air quality and accomplishing necessary prescribed burning;

(H) The reasons cited in a request received under subsection (1)(c) of this rule;

(I) The joint recommendations of the department and DEQ regarding whether the community should be listed and why; and

(J) Any other information that is relevant to accomplishing the objectives of the Smoke Management Plan.

(b) If joint recommendations are not achieved under paragraph (2)(a)(I) above, the department shall prepare a report for the board detailing any differences in recommendations and its explanations for the differences.

(3) After considering the evidence presented to it, except as provided in section (4) of this rule, the board may take any one of the following actions:

(a) Reject the recommendation or request;

(b) Acknowledge that smoke incidents have occurred, but direct the department to pursue an alternate course of further information gathering, monitoring, operational modifications or other efforts aimed at reducing the likelihood of continuing smoke incidents; or

(c) Accept the recommendation or request by defining the applicable boundaries of the community to be listed, directing the department to begin treating the community as an SSRA and following a timely process to amend OAR 629-048-0140 accordingly.

(4)(a) The board's choice of actions shall be limited to those described in either subsections (b) or (c) of this section, if it finds that all of the following circumstances exist:

(A) The community proposed for listing has incurred repeated smoke incidents as described in section (5) of this rule;

(B) The community is a city with a population in excess of 10,000 within the incorporated city limits, according to the most recently published population estimate of the Population Research Center, Portland State University; and

(C) There is a likelihood of continuing frequent use of prescribed burning as a forest management activity on forestland within 30 miles of the city limits.

(b) For communities with no air quality monitoring data, the board may delay a final action determining whether to list the community as an SSRA if monitoring equipment is installed in the community to gather information leading to a final determination; or

(c) The board may define the applicable boundaries of the community to be listed, direct the department to begin treating the community as an SSRA and follow a timely process to amend OAR 629-048-0140 accordingly.

(5) "Repeated smoke incidents" as used in this rule refers to two or more smoke incidentsthat meet or exceed the level of a smoke intrusionin one calendar year.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0160 Bear Creek/Rogue River Valley SSRA

The Bear Creek and Rogue River Valley smoke sensitive receptor area listed in OAR 629-048-0140 (3) is defined as beginning at a point approximately one mile NE of the town of Eagle Point, Jackson County, Oregon, at the NE corner of Section 36, T35S, R1W; thence south along the Willamette Meridian to the SE corner of Section 25, T37S, R1W; thence SE to the SE corner of Section 9, 39S, R2E; thence SSE to the SE corner of Section 22, T39S, R2E; thence south to the SE corner of Section 27, T39S, R2E; thence SW to the SE corner of Section 33, T39S, R2E; thence west to the SW corner of Section 31, T39S, R2E; thence NW to the NW corner of Section 36, T39S, R1E; thence west to the SW corner of Section 26, T39S, R1E; thence NW to the SE corner of Section 7, T39S, R1E; thence west to the SW corner of Section 12, T39S, R1W; thence NW to the SW corner of Section 20, T38S, R1W; thence west to the SW corner of Section 24, T38S, R2W; thence NW to the SW corner of Section 4, T38S, R2W; thence west to the SW corner of Section 5, T38S, R2W; thence NW to the SW corner of Section 31, T37S, R2W; thence north to the Rogue River, thence north and east along the Rogue River to the north boundary of Section 32, T35S, R1W; thence east to the point of beginning.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0180 Communication, Community Response Plans, and Exemption Requests

(1) ODF Salem headquarters office shall develop and distribute a best-practices communication framework for dissemination through local ODF and federal district offices to their respective local public health authority. The communications framework shall include general information regarding:

(a) The purpose and importance of prescribed burning,

(b) The health risks of wildfire and prescribed fire smoke,

(d) How local officials and the public can find out about current and upcoming prescribed burns planned in their area, and

(e) How residents of an SSRA and other interested persons can get up-to-date information about anticipated smoke impacts in specific SSRAs.

(2) ODF and DEQ recommendcommunities that are SSRAsandhave experienced repeated smoke incidents and/or intrusions in the pastcollaboratively develop a community response planand program .

(a) The information in the plan and program includes, but is not limited to the following:

(A) A description of populations in an SSRA community that are vulnerable to the health effects of short-term smoke;

(B) Adequate means by which the public, especially vulnerable populations in the SSRA community, will be notified in a clear and reliable way of anticipated smoke impacts in a timely manner;

(C) Adequate options for protecting the health of vulnerable populations (or helping such populations to protect themselves) from short-term exposure to smoke; and

(D) A plan and program for communications between the entities that conduct prescribed fire, the local public health authority, and the community’s public and vulnerable populations who may be impacted by smoke.

(b) Thecommunity responseplanshould be coordinated through the local public health authority, but developed collaboratively with members or representatives of vulnerable populations, community officials, representatives from entities that have responsibility for prescribed fire, forest restoration collaborative groups, local businesses, and other interested members of the public.

(c) The plan shall include a public communication and education strategy as outlined in the communication framework in (1).

(3)SSRA communitiesthat develop and implement such a plan that meets the criteria outlined in (2) may request an exemption from the one-hour average smoke intrusion threshold. An exemption to the one-hour smoke intrusion threshold means that smoke impacts that surpass the one-hour threshold, but not the 24-hour average threshold, shall be deemed smoke incidents, not smoke intrusions, in the SSRA.

(a) The request for exemption must be made by the community’s local governing body in coordination with their County Board of Commissioners.

(b) The request for exemption will be considered for approval by ODF and DEQ under the advisement of Oregon Health Authority. The exemption shall be granted within 30 days of submission unless ODF and DEQ agree that the plan does not comply with the criteria in (2).

(c) If ODF and DEQ determine the plan does not comply with the above criteria, they shall, within 30 days of submission, provide a written explanation of the reasons for denial.

(d) ODF and DEQ may revoke the exemption if there are repeated (three or more in five years) smoke intrusions that exceed the 24-hour average threshold or prescribed burning contributes to two or more NAAQS exceedances.

(e) ODF and DEQ will revoke the exemption if the SSRA is within one exceedance of a NAAQS violation. SSRAs that are in a NAAQS violation (nonattainment) will not be eligible for an exemption.

(f) In addition, SSRAs that have received an exemption must demonstrate they are implementing their community response plan through an annual report provided by the local health authority detailing:

(A) Compliance with requirements in (2);

(B) A summary of methods used to communicate to the public and vulnerable populations;

(D) A record of local meetings to discuss or update the community response plan.

(g) An SSRA that has their exemption revoked may reapply for the exemption after a year provided all conditions stated in (3) have been met.

History

Statutory/Other Authority: ORS 477.013, ORS 477.562, ORS 526.016 & ORS 526.041
Statutes/Other Implemented: ORS 477.013, ORS 477.515 & ORS 477.562
DOF 1-2019, adopt filed 02/15/2019, effective 03/01/2019

Or. Admin. R. 629-048-0200 Alternatives to Burning

(1) When planning forest management prescriptions and particularly final harvests (prior to reforestation), owners are encouraged to use practices that will eliminate or significantly reduce the volume of prescribed burning necessary to meet their management objectives. Some practices to consider include, but are not limited to:

(a) Maximizing the cost-effective use of woody material for manufacture of products;

(b) Where cost-effective, using wood or other biomass for energy production or mulch;

(c) Lopping and scattering limbs and other woody material, or operating heavy machinery over the wood to maximize contact with the soil in order to speed its breakdown; or

(d) Re-arranging woody materials, as necessary to accomplish reforestation through the slash (from a fire prevention standpoint, this may not be desirable in areas of heavy fuel concentrations or where soil moistures are not conducive to breakdown of fuels).

(e) Removing or minimizing large fuel concentrations and heavy fuel loading to minimize smoldering.

(2) When prescribed burning is determined to be necessary to achieve forest management objectives, owners are encouraged to use emission reduction techniques as described in OAR 629-048-0210.

(3) Prior to registration, forestland managers are strongly encouraged to consult the following:

(a) "Non-burning Alternatives to Prescribed Fire on Wildlands in the Western United States" at http://www.wrapair.org/forums/fejf/tasks/FEJFtask3.html (Western Regional Air Partnership, February, 2004);

(b) The Oregon Forest Industry Directory website provides information on potential markets for woody material at www.orforestdirectory.com/; and

(c) “Forest Biomass Analysis for Western States by County” by Phillip S. Cook and Jay O’Laughlin (Western Governors’ Association, January 24, 2011), at: https://www.researchgate.net/profile/Jay_Laughlin/publication/266451188_Forest_Biomass_Supply_Analysis_for_Western_States_by_County_Final_Report_to_the_Western_Governors%27_Association/links/55b0ead208ae9289a0849d62/Forest-Biomass-Supply-Analysis-for-Western-States-by-County-Final-Report-to-the-Western-Governors-Association.pdf

(4) As described in 629-048-0450(2)(c), the department shall complete an annual report summarizing the use of alternatives to burning.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 2-2014, f. & cert. ef. 7-11-14
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0210 Best Burn Practices; Emission Reduction Techniques

(1) "Best burn practices" as used in this rule refers to those practices designed to minimize emissions from prescribed burning or accomplish burning at times and under such conditions as to minimize the likelihood that emissions will have adverse effects to the air quality maintenance or visibility objectives (OAR 629-048-0120 and 629-048-0130). Additional practices not described in this rule may be necessary to ensure against the escape of fire or protection of forest resources.

(2) In general, best burn practices involve methods that ensure the most rapid and complete combustion of forest fuels while nearby, "non-target" fuels are prevented from burning, such as:

(a) Physical separation of "target" and "non-target" fuels;

(b) Burn prescriptions, particularly for broadcast burns, that recognize and utilize the natural differences in fuel moistures of larger and smaller pieces of woody material; or

(c) Covering of piles sufficient to facilitate ignition and complete combustion, and then burning them at times of the year when all other fuels are damp, when it is raining or there is snow on the ground.

(3) Rapid combustion is well served by rapid ignition which may involve the use of petroleum accelerants (with appropriate safety precautions) and by maintaining an adequate air supply to the forest fuels being burned. Piles and windrows should be mostly free of soil, rocks and other non-combustible materials and should be loosely stacked to promote aeration. Where practicable, re-stacking or "feeding" the burn pile is encouraged to complete combustion and avoid smoldering.

(4) When piles are covered as a best burn practice and the covers are to be removed before burning, any effective materials may be used, as long as they are removed for re-use or properly disposed of. When covers will not be removed and thus will be burned along with the piled forest fuels, the covers must not consist of materials prohibited under OAR 340-264-0060(3), except that polyethylene sheeting that complies with the following may be used:

(a) Only polyethylene may be used. All other plastics are prohibited;

(b) The size of each polyethylene cover may vary as necessary to achieve rapid ignition and combustion.

(5) The use of petroleum accelerants and polyethylene covers as "best burn practices" described in this rule is expressly intended as an exception to OAR 340-264-0060(3) as allowed by 340-264-0060.

(6) In general, rapid mop-up of prescribed burning is not needed to meet the objectives of the prescribed burn and protect air quality. However, in instances of prescribed burning within an SSRA or when conditions change significantly from those forecasted or present at the time of ignition, rapid mop-up may become necessary to prevent a smoke intrusion. Burn plans required under OAR 629-043-0026(4), prescribed fire plans required by federal land management agency policy, or burn permits required under ORS 477.515, when appropriate, should address conditions that may require mop-up of the prescribed burn and to what extent.

(7) When local conditions for smoke dispersal appear to be better than forecasted, burn bosses and field administrators are encouraged to communicate such information to the Smoke Management forecast unit, to further the objective of accomplishing burning during the most favorable conditions.

(8) As described in 629-048-0450(2)(c), the department shall complete an annual report summarizing the use of emission reduction techniques.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 2-2014, f. & cert. ef. 7-11-14
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0220 Forecast Procedures

(1) There are several concepts and procedural steps involved in accomplishing the Smoke Management Plan objectives, designed to maximize opportunities for accomplishing burning while minimizing the likelihood of public health effects or visibility impairment in Class I Areas. The following sections of this rule attempt to explain some of these concepts.

(2) The basic underlying mechanism in smoke management is the use of an understanding of atmospheric dynamics and combustion processes, in concert with current weather forecasts, to ensure that the bulk of emissions from prescribed burning are transported to areas of low or no adverse effect by:

(a) In the case of broadcast or large pile burning, generating heat rapidly so that the fuel is quickly consumed and emissions rise sufficiently above ground level to either:

(A) Become diluted and dispersed in the atmosphere via transport winds to areas of minimal impact; or

(B) Mix with the moisture in clouds and fall back to earth as precipitation; or

(b) In the case of low-intensity underburning or small piles under the forest canopy, managing the volume of material burned per unit of time and paying careful attention to surface winds to keep total emissions low and disperse the smoke to relatively unpopulated areas.

(3) For each day that prescribed burning is planned on forestland with Level 1 regulation, a weather forecast is prepared by meteorologists specializing in smoke management. By examining the atmospheric conditions predicted for the burn day, such as vent heights, mixing layers, wind speed and direction, as well as information about what level of pollutants may already be present in a given area, the meteorologists determine if and where conditions will be favorable to accomplish burning.

(4) In addition to the weather forecast, specific information is required on the location of planned burns, and the tonnage of fuel that is expected to be consumed in a burn. This information is provided on a per unit basis at the time that burns are registered and planned with the forester (see OAR 629-048-0300).

(5) With knowledge of the information described above, and based on dispersion models that have been developed through time and experience, forecasters are able to reasonably predict how much smoke can be put into the atmosphere, and at what locations, without likelihood of threat to air quality objectives. This information is then converted into instructions to field administrators and burn bosses as to what tonnages, in what weather zones and at what distances from SSRAs prescribed burning may be permitted.

(6) The forecast and instructions are made available to field administrators and any interested parties by 3:15 p.m. each day, as necessary. Locally, planned burns are compared against the forecast and instructions, as well as any local prioritization of burns, to determine which burns, if any, will be permitted on the following day. If there are any changes in the forecast for the day of the burn, the Smoke Management forecast unit will make every effort to place a message on an automatic answering phone by 8:00 a.m.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: 477.515, 477.562 & ORS 477.013
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0230 Burn Procedures

(1) Before any prescribed burning is initiated, burn bosses should have a well thought out plan that takes into account:

(a) How weather will be monitored and changes in conditions will be communicated;

(b) Resources needed and actions taken to reduce pre-burn fuel loadings to minimize emissions.

(d) Resources and methodology necessary to contain and control the fire and prevent its escape, including communications to access additional resources, if necessary; and

(e) The Smoke Management forecast and how the burn will be conducted to minimize smoke entering SSRAs, other areas sensitive to smoke , and other communities.

(2) The forester may require that a written burn plan be prepared for approval under OAR 629-043-0026(4), prior to issuance of a burn permit. A prescribed fire plan is required under federal policy for all prescribed burning on federal lands.

(3) Prescribed burn operations with large tonnages (2000 tons or more) or burns that will occur over multiple days should be adequately planned and monitored to provide opportunities to cease lighting and hold the existing burn within smaller compartments in order to mitigate undesirable smoke effects or changes in the actual burn conditions from those that were forecasted.

(4) For prescription burn units on forestland subject to Level 1 regulation, burn bosses must provide specific information to be transmitted to the Smoke Management forecast unit in a standard format acceptable to the forester, regarding unit location, method of burning, and fuel loading tonnages by the day of the burn. If additional burning is deemed possible after 10 a.m. in consultation with the forecast unit, the plan deadline may be extended.

(5)(a) Before ignition of any prescribed burning in a fire season (as designated by the forester under ORS 477.508), the burn boss must obtain a permit to burn from the forester as required by ORS 477.515 (not required for federal land management agencies). Federal land management agencies must follow agency policies that provide for an affirmative "go-no go decision" before ignition of any prescribed burning as documented and approved by the federal land management agency's line officer.

(b) A permit to burn from the forester is also required for all prescribed burning on non-federal Class 1 forestland in western Oregon at any time of the year.

(c) Under ORS 477.515(1)(a), the forester may waive the requirement for a burn permit in instances of burning other than described in subsections (a) and (b) of this section, so burn bosses should check with the forester locally to determine whether permits are required outside fire season.

(6) Before ignition of any prescribed burning on forestland subject to Level 1 regulation, the burn boss must obtain the current Smoke Management forecast and instructions and must conduct the burning in compliance with the instructions. Burn bosses must make provisions to be informed if the forecast or instructions are subsequently changed. Through communication among the burn boss, field administrator and the Smoke Management forecast unit, based on information specifically relevant to the burn location, a burn boss may obtain a variance from the instructions, but must document the time and method of communication and adhere strictly to the conditions of the variance.

(7) For prescribed burn operations with large tonnages (greater than 2000 tons) or burns that will occur over multiple days, burn bosses may request at least two days in advance that a special forecast and instructions be issued to ensure adequate attention to meeting Smoke Management Plan objectives. Issuance of a special forecast and instructions will be solely within the discretion of the Smoke Management forecast unit based on workload and sufficient local information to support the forecast.

(8) The Smoke Management forecast unit, in developing instructions, and each field administrator issuing burn permits are directed to manage the prescribed burning on forest land in connection with the management of other aspects of the environment in order to maintain a satisfactory atmospheric environment in SSRAs. This direction is to be applied to situations in which prescribed burning may impact SSRAs or other areas sensitive to smoke.

(9) Each burn boss or field administrator must validate that forecasted weather conditions are consistent with actual on-site conditions prior to ignition of burns.

(10) A burn boss is required to stop ignition, in a manner that does not compromise worker safety or the ability to prevent escape of the burn, if either of the following occurs:

(a) The burn boss determines, or is advised by a field administrator, that an SSRA, or other area sensitive to smoke is already adversely affected by the burn or would likely become so with additional burning; or

(b) The burn boss receives notice from the forester, through the Smoke Management forecast unit, or following consultation with DEQ, that air in the entire state or portion thereof is, or would likely become adversely affected by smoke.

(11) Upon stopping ignition required by section (10) of this rule, any burning already under way should be completed, residual burning should be extinguished as soon as practicable, and no additional burning may be attempted until approval has been received from the forester.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 4-2026, minor correction filed 02/12/2026, effective 02/12/2026
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 2-2014, f. & cert. ef. 7-11-14
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0300 Registration of Intent to Burn

(1) In all instances of prescribed burning on forestland within a forest protection district, the operator, federal land manager, landowner, or timber owner must first register with the forester all forestland that is intended to be burned. For forestland subject to Level 1 regulation, burn registration must be completed at least seven days before the first day of ignition. Mandatory registration of prescribed burning on forestland subject to level 2 regulation is effective January 1, 2009.

(2) The forester may waive the seven day waiting period required in section (1) of this rule contingent upon the forester’s approval of a burn plan or conditions of federally prescribed fire policies having already been met.

(3) Information provided for burn registration must be complete and recorded in a standard format approved by the forester.

(4) No operator, federal land management agency, landowner or timber owner shall be allowed to register additional forestland for burning if payment for their previous registration or burning, when required pursuant to OAR 629-048-0310, is more than 90 days past due.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0310 Fees for Prescribed Burning

(1) Any prescribed burning on forestland subject to level 1 regulation (OAR 629-048-0100) requires payment of a non-refundable registration fee of $.50/acre and upon accomplishment (see section (3) of this rule), a burn fee as further described in sections (2), (3), (5), (6) and (8) below.

(2) Burn fees for all forms of prescribed burning, including but not limited to, broadcast burning and burning of piles (whether in-unit, on landings, or from rights-of-way) shall be assessed (where required) against the total acres in the unit from which the forest fuels were accumulated, as described in the burn registration.

(3) The first time that fire is applied to a prescribed burn unit, regardless of actual accomplishment, payment of a burn fee is required. Burn fees shall be charged according to the following schedule:

(a) If the registration of planned burning includes only landing or right-of-way piles, the burn fee shall be $.50 per acre registered. Subsequent attempts to improve accomplishment only in landing or right-of-way piles in the same unit, in the same calendar year or the two following calendar years, shall not incur additional fees.

(b) If the registration of planned burning includes other than landing or right-of-way piles, the burn fee shall be $3.10 per acre registered. Subsequent attempts to improve accomplishment in any portion of the same unit, in the same calendar year or the two following calendar years, shall not incur additional fees.

(c) If the registration of planned burning includes any combination of burn treatments that include landing or right-of-way piles with broadcast or in-unit pile burning, the burn fee shall be $2.60 per acre for each in-unit treatment registered upon the first attempt of each treatment. Landing or right-of-way piles will be $.50 per acre registered upon the first attempt to burn any of those piles. Subsequent attempts to improve accomplishment in any portion of the same unit, in the same calendar year or the two following calendar years, shall not incur additional fees.

(4) (a) As used in this rule, "landing" means any location logs are yarded to for processing (trimming ends or limbs and tops remaining after yarding) and assembling for forwarding or loading onto trucks, including each loading site that may occur along a road. Consequently, a landing pile contains only those residues resulting from the processing, and not additional forest fuels accumulated from growth on the site or the felling process.

(b) As used in this rule, "right-of-way piles" means any accumulated forest fuels that come only from the area cleared in the pioneering stage of road construction after appropriate utilization.

(5) Areas burned as a result of escaped fires that are outside the description of the registered burn area shall not be assessed fees if the fire outside of the described area is immediately attacked for wildfire suppression. If the fire outside of the described area is managed as a prescribed fire then every additional acre burned shall incur a registration fee of $.50 per acre and a burn fee of $3.10 per acre.

(6) Notwithstanding section (3) of this rule, forest health maintenance burning on forestland subject to Level 1 regulation, where significant fuel reduction has been accomplished through underburning within the last five years and where there are no piled forest fuels on the site, shall be charged a burn fee of $.50 per acre.

(7) The forester shall prepare monthly billings to collect the appropriate registration and burn fees from the operator, federal land manager, landowner or timber owner whose name is recorded on the registration form for billing purposes.

(8) Notwithstanding sections (1) and (3) of this rule, each burn unit requires a minimum combined registration and burn fee of $30. To reduce processing costs, the forester may elect to collect both registration and burn fees prior to accomplishment, for landing, right-of-way, or maintenance units less than 30 acres on one combined billing. The forester may elect to collect both registration and burn fees prior to accomplishment, for broadcast, underburning, or in-unit piles units less than 9 acres on one combined billing.

(9) Notwithstanding sections (1), (3) and (7) of this rule, in accordance with ORS 477.562(6), a federal land management agency may enter into a cooperative agreement with the forester for payment of registration and burn fees at an annual flat rate. The rate shall be based on estimated acres to be treated as a percentage of total acres on all ownerships, applied against the overall annual estimated operating cost of the Smoke Management Plan. Any such agreement shall have a provision that allows for periodic adjustment of the rate based on actual experience.

(10) Notwithstanding section (7) of this rule, any person or entity described in ORS 477.406(1) with a prior record of timely payment may, at the discretion of the forester, enter into a cooperative agreement for the efficient administration and payment of registration and burn fees provided all payments equal no less than the registration rate described in section (1) of this rule times the number of acres registered plus the burn fee rate in sections (3) or (6) of this rule, as appropriate, times the number of acres accomplished.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 2-2014, f. & cert. ef. 7-11-14
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0320 Reporting of Accomplishments

(1) Accomplishment information for all prescribed burning that takes place on forestland within the regulated area described in OAR 629-048-0100 must be recorded in a manner that details the amount of burning each day and must be reported to the department according to the schedule described below and in standard formats prescribed by the forester.

(2) Prescribed burning on forestland subject to Level 1 regulation must be reported the next business day following each day's ignition as described in Department Directive 1-4-1-601, “Operational Guidance for the Oregon Smoke Management Program, Appendix 1.”

(3) Prescribed burning on forestland subject to Level 2 regulation must be reported by the first business day of the week following ignition as described in Department Directive 1-4-1-601, “Operational Guidance for the Oregon Smoke Management Program, Appendix 1.”

History

Statutory/Other Authority: ORS 477.013, 477.562 (as amended by ch. 213, OL 2007, Enrolled HB 2973), 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515, 477.562 (as amended by ch. 213, OL 2007 & Enrolled HB 2973)
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0330 Emission Inventories

(1) In addition to the emissions information collected from prescribed burning under OAR 629-048-0320, the forester will annually estimate, using appropriate models and the best available information on acres burned and fuel type, the emissions produced by wildfires in Oregon. At a minimum, the forester will attempt to collect information about wildfires that burn on forestlands within a forest protection district.

(2) Emissions information from prescribed burning and from wildfires will be maintained as distinct inventories, in appropriate forms, for analysis and distribution to improve the overall understanding of the relationships of wildfire versus prescribed fire emissions.

(3) The forester may include as much information on wildfires as may be readily available from the various protection agencies and other cooperators, provided that gathering of such information does not create an unfunded cost to the Smoke Management program.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0400 Coordination with Other Regulating Jurisdictions and for Other Pollutants

(1) In order to meet the air quality maintenance and visibility objectives of the Smoke Management Plan (OAR 629-048-0120 and 629-048-0130), it is important that the forester, field administrators and other cooperators be well informed as to the existence of, or potential for smoke or other airborne pollutants other than that which will be produced by any planned prescribed burning in the affected airshed. Local field administrators are encouraged to maintain working relationships with other local jurisdictions that authorize open burning or monitor air quality so that all parties may be adequately informed of planned burns or conditions that cumulatively might exceed standards or objectives.

(2) The forester is required to report the weather forecast, planned and accomplished burning and smoke intrusions, if any, to the Department of Environmental Quality for each applicable day, on a timely basis.

(3) Any wildfire that has the potential for smoke input into an SSRA or other area sensitive to smoke must be reported immediately by the local unit of the state or federal agency with jurisdiction for fire suppression to the State Forester’s office.

(4) The Smoke Management forecast unit will communicate periodically with appropriate prescribed burning regulators in the surrounding states for the purpose of coordination and information sharing, as appropriate.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0450 Periodic Evaluation and Adaptive Management

(1) The department is responsible for analysis and evaluation of the prescribed burning operations conducted under the Smoke Management Plan.

(2) Reports summarizing annual activities of the program shall be published by the department addressing:

(a) The level of burning activity;

(b) Smoke intrusions and smoke incidents;

(c) PM2.5 NAAQS exceedances caused by prescribed burning and actions taken to prevent reoccurrence as described in OAR 629-048-0110(5).

(d) Accomplishment of alternatives to burning and the use of emission reduction techniques;

(e) Evaluation of overall Smoke Management Plan accomplishment;

(f) Evaluation of adequacy of listed SSRAs and protection measures;

(g) Any other pertinent information related to Smoke Management Plan evaluation and improvement; and

(h) Revenues generated from burn fees and related Smoke Management Plan costs.

(3) Copies of the reports described in section (2) of this rule will be made available to all interested parties.

(4) Upon publication of a report in accordance with section (2) of this rule, the forester will consult at least annually with the Smoke Management Advisory Committee created under ORS 477.556. Topics will include, but are not limited to, Smoke Management Plan implementation, status of the Oregon Forest Smoke Management Account (ORS 477.560), and any fee changes that may be appropriate based on the balance in this account.

(5) ODFand DEQwill jointly review the Smoke Management Plan every five years unless there is agreement by both agencies that the plan can be reviewed at an earlier or later date, not to exceed 10 years from the previous review. Results of the review will be presented to the State Forester and the Director of Environmental Quality for joint consideration and approval. Representatives of affected agencies may assist the review at the discretion of the State Forester.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 2-2014, f. & cert. ef. 7-11-14
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Or. Admin. R. 629-048-0500 Enforcement

(1) Violations of the Smoke Management Plan may be enforced either as violations of the fire prevention statutes and rules (ORS 477.980 to 477.993) or as violations of the forest practice rules (ORS 527.680 to 527.690, 527.990 to 527.992 and OAR 629-670).

(2)(a) When, in the judgment of the forester, a violation is related primarily to an act or omission that has caused or might cause fire to burn uncontrolled, enforcement under the provisions of the fire prevention statutes and rules is appropriate.

(b) When, in the judgment of the forester, a violation is related primarily to an act or omission that has caused or might cause deterioration of air quality, enforcement under the provisions of the Forest Practices Act and rules (specifically, OAR 629-615-0300) is appropriate.

(3) Enforceable standards within the Smoke Management Plan include requirements to:

(a) Register burns prior to ignition (OAR 629-048-0230(4) and 629-048-0300);

(b) Obtain approval for and follow a burn plan (OAR 629-048-0230(2) and 629-043-0026(4);

(d) Obtain and comply with daily Smoke Management instructions and updates (OAR 629-048-0230(6);

(e) Comply with restrictions regarding use of covers on burn piles (OAR 629-048-0210(4);

(f) Cease burning when directed by the forester (OAR 629-048-0100(4) and 629-048-0230(10);

(g) Report accomplishments (OAR 629-048-0320); and

(h) Pay fees (OAR 629-048-0310).

(4) Section 118 of the federal Clean Air Act provides for enforcement of state air quality regulations against federal agencies. It will be the policy of the Board of Forestry, in the event of a failure of a federal land management agency to comply with the Smoke Management Plan, that the forester will first inform the responsible agency of the failure and coordinate efforts to ensure timely correction of any breakdowns in procedure that may have resulted in the failure. However, if this method does not appear in the judgment of the State Forester to result in necessary correction of procedures, or under other circumstances that in the judgment of the State Forester warrant further action, enforcement action may be taken as with any other responsible party.

History

Statutory/Other Authority: ORS 477.013, 477.562, 526.016 & 526.041
Statutes/Other Implemented: ORS 477.013, 477.515 & 477.562
DOF 1-2019, amend filed 02/15/2019, effective 03/01/2019
DOF 2-2014, f. & cert. ef. 7-11-14
DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08

Division 51 FOREST INSECT AND DISEASE MANAGEMENT

Or. Admin. R. 629-051-0210 Management and Control Actions

Planned activity to manage forest insects and diseases on private lands will be developed with the consent of the appropriate landowner(s). In the event that a landowner ignores an actual or threatened impact of a forest insect or disease which has been deemed a public nuisance, then the State Forester shall, as prescribed in ORS 527.310–527.400, plan, organize, direct, and carry out measures as may be necessary to control the problem.

History

Statutory/Other Authority: ORS 526 & 527
Statutes/Other Implemented: ORS 526.350 & 527.310 - 527.370
FB 4-1980, f. & ef. 1-9-80

Or. Admin. R. 629-051-0220 Costs of Control

When suppression activities are necessary, the State Forester shall seek to offset the cost of control through contributed funds or labor from affected private landowners and any agency of state or federal government. When private landowners or governmental agencies have the ability and/or the authorities to expend monies and/or services in control programs, the state share shall not exceed 50 percent of the cost of control.

History

Statutory/Other Authority: ORS 526 & 527
Statutes/Other Implemented: ORS 526.350 & 527.310 - 527.370
FB 4-1980, f. & ef. 1-9-80

Or. Admin. R. 629-051-0230 Introduced Pests

Introduced forest insects or diseases may present a serious threat to forest resources. In the event of introduction of a new forest insect or disease pest, the State Forester shall cooperate with other responsible federal and state agencies and private forest landowners to secure prompt, effective action to prevent the spread of the damage by the new pests. In the absence of action by other agencies the State Forester may employ such control measures as are approved by the State Board of Forestry policy.

History

Statutory/Other Authority: ORS 526 & 527
Statutes/Other Implemented: ORS 526.350 & 527.310 - 527.370
FB 4-1980, f. & ef. 1-9-80

Division 65 STATE FORESTER’S RULES

Or. Admin. R. 629-065-0005 Oregon Forest Resources Institute Election Process — Definitions

For purposes of OAR 629-065-0005 through 629-065-0410.

(1) "Forest products processing activity" means an activity, conducted at a facility that converts raw logs to finished products;

(2) "No direct financial interest" means that no more than 10 percent of the gross income of a member of the board of directors is derived from timber or ownership in a timber products processing facility. Ownership in a timber products processing facility does not include the ownership of stock in a publicly held corporation;

(3) "OFRI" means the Oregon Forest Resources Institute;

(4) "OFRI application list" means the list compiled by the State Forester for the purposes of OAR 629-065-0410 which shows persons recommended for consideration of appointment by the State Forester;

(5) "Producer" means a producer of forest products and includes any person, partnership, association, corporation, cooperative or other business entity involved in the growing, harvesting and processing of timber or timber products. 'Producer' does not include landowners who meet the requirements of ORS 526.610.

(6) "Producers organization" means a bona fide organization, designated from time to time by the State Forester, that represents producers of timber or timber products, or organizations representing landowners who meet the requirements of ORS 526.610, a majority of whose members reside in Oregon and whose objectives include public policy participation in statewide issues affecting timber and the timber industry in Oregon. A bona fide organization is one which has a charter, by-laws, membership requirements and which conducts meetings on a regular basis. Organizations meeting this definition include: American Forest Resources Council, Oregon Forest Industries Council, Oregon Small Woodlands Association, Associated Oregon Loggers, Southern Oregon Timber Industries Association, Douglas Timber Operators and Western Hardwood Association;

(7) "State Forester" means the State Forester or the State Forester's designee;

(8) “Substantial portion of income” means that 50 percent or more of the gross income of a member of the board of directors is derived from timber or timber products ownership or affiliation;

(9) "Timber" means wood of a tree species acceptable for reforestation under the Forest Practices Act, ORS 527.610 to 527.730, and measured in board feet in the ordinary course of business and common practice of the timber industry. The wood may be growing or dead, mature or immature, standing or down. "Timber" does not include Christmas trees as that term is defined in ORS 215.203 or 321.267;

(10) "Timber products" means a commodity which is the result of growing, harvesting or processing timber and is measured in board feet in the ordinary course of business and common practice of the timber industry.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 526.610(2)(a)
DOF 4-2004, f. & cert. ef. 5-4-04
FB 7-1996, f. & cert. ef. 10-1-96
FB 3-1993, f. & cert. ef. 2-23-93
FB 6-1991(Temp), f. & cert. ef. 10-4-91

Or. Admin. R. 629-065-0200 Duty of the State Forester to Appoint/Remove OFRI Members of the Board

(1) It is the duty of the State Forester to appoint fully qualified members to the Oregon Forest Resources Institute Board of Directors as vacancies occur.

(2) The members of the board of directors of the Oregon Forest Resources Institute shall be appointed for a term ending three years from the date of the expiration of the term for which the member's predecessor was appointed. If there is a vacancy on the board of a voting member, other than a vacancy caused by expiration of a term, the State Forester shall fill the vacancy for the remainder of the unexpired term with a person who represents the same producer or landowner size class, as described in OAR 629-065-0210(1), as the member whose term was vacated.

(3) The State Forester shall immediately declare the office of any member of the board of directors vacant whenever the member becomes a resident of another state or is unable to perform the duties of office.

(4) The State Forester may remove any member of the board of directors for neglect of duty or misconduct in office. Prior to such removal the State Forester shall serve upon such member a copy of the reasons for dismissal. Such member may request a public hearing where the member shall be given an opportunity to be heard in person or by counsel and shall be permitted to present evidence to answer and explain the facts alleged.

(5) In making the appointments, the State Forester shall take into consideration any nominations or recommendations made to the State Forester by producers or organizations that represent producers.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 526.610(2)(a)
DOF 4-2004, f. & cert. ef. 5-4-04
FB 7-1996, f. & cert. ef. 10-1-96
FB 3-1993, f. & cert. ef. 2-23-93
FB 6-1991(Temp), f. & cert. ef. 10-4-91

Or. Admin. R. 629-065-0210 Make Up of Board — Representation

The board shall consist of 11 voting members plus two nonvoting members appointed as follows:

(1) Three voting members to represent small producers of 20 million board feet or less per year.

(2) Three voting members to represent medium producers of more than 20 million board feet but less than 100 million board feet per year.

(3) Three voting members to represent large producers of 100 million board feet or more per year.

(4) One voting member who is an owner of between 100 and 2,000 acres of forestland and who has no direct financial interest in any forest products processing activity.

(5) One voting member who is an hourly wage employee of a producer or a person who represents such employees. The member appointed under this subsection need not comply with the requirements of ORS 526.615(3) to (6).

(6) Two nonvoting members:

(a) The Dean of the College of Forestry at Oregon State University.

(b) An individual jointly appointed by the President of the Senate and the Speaker of the House of Representatives to represent the public. The public representative may not be a member of or significantly affiliated with any organization of or business in the timber industry or any organization or business known to support or promote environmental or conservation issues. A person appointed under this subparagraph serves at the pleasure of the President of the Senate and the Speaker of the House of Representatives.

Sta. Auth.: ORS 526.041

History

Statutes/Other Implemented: ORS 526.610(2)(a)
DOF 4-2004, f. & cert. ef. 5-4-04

Or. Admin. R. 629-065-0220 Qualifications

Each voting member of the board of directors of the Oregon Forest Resources Institute shall have the following qualifications:

(1) Be a citizen of the United States.

(2) Be a bona fide resident of this state.

(3) Be a producer in this state, an employee of such a producer or own between 100 and 2,000 acres of forestland in this state on which harvest taxes are paid, but have no direct financial interest in any forest products processing activity.

(4) Have been actively engaged in producing forest products for a period of at least five years.

(5) Derive a substantial proportion of income from the production of forest products.

(6) Have demonstrated, through membership in producers' organizations or organizations representing landowners who meet the requirements of ORS 526.610(4), a profound interest in the development of Oregon's forest products industry.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 526.610(2)(a)
DOF 4-2004, f. & cert. ef. 5-4-04

Or. Admin. R. 629-065-0400 Application for OFRI Board Member

(1) The State Forester shall annually solicit applications for the OFRI board of directors. The solicitation shall be by publication in a newspaper of general statewide circulation, by solicitation to the OFRI Board of Directors and by solicitation to those producers' organizations that request the State Forester to provide such notice.

(2) The State Forester shall supply applications to all those requesting them. Applications must be submitted during the nomination period specified by the State Forester in the solicitation.

(3) The applicant must certify in the application that he/she meets the qualifications for the position, and has a written statement from a bona fide producer's organization confirming membership, a letter of recommendation from a bona fide producer's organization and provides information that demonstrates a profound interest in the development of Oregon's forest products industry.

History

Statutory/Other Authority: ORS 526.016(4)
Statutes/Other Implemented: ORS 526.610(2)(a)
DOF 4-2004, f. & cert. ef. 5-4-04
FB 7-1996, f. & cert. ef. 10-1-96
FB 3-1993, f. & cert. ef. 2-23-93
FB 6-1991(Temp), f. & cert. ef. 10-4-91

Or. Admin. R. 629-065-0410 Appointment Generally

(1) Prior to appointing a member to the OFRI board, the State Forester shall furnish names of all applicants to the State Forester to the current OFRI Board for their review and comment.

(2) The State Forester shall appoint the best qualified applications to fill vacant positions with due consideration of comments provided by the current OFRI Board and in consideration of the geographic diversity of Oregon’s forests.

(3) Upon appointment, the State Forester shall notify the appointees and other applicants of the results.

(4) The State Forester shall within 5 working days of appointments send a certification letter to the Executive Director of OFRI.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 526.610(2)(a)
DOF 4-2004, f. & cert. ef. 5-4-04

Division 160 EMERGENCY FIRE COST COMMITTEE — PROCEDURAL RULES

Or. Admin. R. 629-160-0000 Administrative Rule Notification

Prior to the adoption, amendment, or repeal of any rule, the Emergency Fire Cost Committee shall give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule.

(2) By mailing or e-mailing a copy of the notice to persons on the Emergency Fire Cost Committee's mailing list established pursuant to ORS 183.335(8), at least 28 days prior to the effective date of the rule.

(3) By e-mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days prior to the effective date of the rule; and

(4) By mailing or e-mailing, or furnishing a copy of the notice to the following persons, organizations, and publications at least 28 days prior to the effective date:

(a) Oregon Forest Industries Council;

(b) Associated Oregon Loggers;

(d) Oregon Forest Resource Institute;

(e) Oregon Cattlemen's Association;

(f) Oregon Farm Bureau Federation;

(g) Oregon Sheep Growers Association;

(h) Oregon Small Woodlands Association;

(i) Oregon State Grange;

(j) Clackamas-Marion Forest Protective Association;

(k) Coos Forest Protective Association;

(l) Douglas Forest Protective Association;

(m) East Oregon Forest Protective Association;

(n) Eastern Lane Forest Protective Association;

(o) Klamath Forest Protective Association;

(p) Linn Forest Protective Association;

(q) Northwest Oregon Forest Protective Association;

(r) Rogue Forest Protective Association;

(s) Walker Range Forest Protective Association;

(t) Western Lane Forest Protective Association;

(u) West Oregon Forest Protective Association;

(v) Western Oregon Livestock Association;

(w) Governor's Office, Natural Resource Advisor;

(x) Legislative Fiscal Office;

(y) Oregon Department of Administrative Services (Risk Management & BAM);

(z) Oregon Department of Revenue;

(aa) The Associated Press; and

(bb) The Capitol Press Room.

History

Statutory/Other Authority: ORS 321, 477 & 477.770
Statutes/Other Implemented: ORS 183.335, 183.341, 477.440 - 477.460 & 477.750 - 477.775
Renumbered from 629-060-0000 by DOF 3-2013, f. 12-9-13, cert. ef. 1-1-14
FB 1-1995, f. & cert. ef. 1-12-95
FB 5-1982, f. & ef. 6-16-82

Or. Admin. R. 629-160-0005 Model Rules of Procedure

Pursuant to ORS 183.341, the Emergency Fire Cost Committee adopts the Attorney General's Model Rules of Procedure, effective January 31, 2012.

History

Statutory/Other Authority: ORS 321, 477 & 477.770
Statutes/Other Implemented: ORS 183.335, 183.341, 477.440 - 477.460 & 477.750 - 477.775
Renumbered from 629-060-0005 by DOF 3-2013, f. 12-9-13, cert. ef. 1-1-14
FB 1-1995, f. & cert. ef. 1-12-95
FB 1-1989, f. & cert. ef. 1-18-89
FB 4-1986, f. & ef. 6-17-86
FB 2-1984, f. & ef. 1-6-84
FB 4-1982, f. & ef. 4-29-82

Division 170 FIREFIGHTER CRIMINAL DEFENSE EXPENDITURES

Or. Admin. R. 629-170-0001 Title, Scope and Effective Date

(1) OAR 629-170-0001 through 629-170-0040 are known as the Firefighter Criminal Defense Expenditure rules.

(2) As provided in ORS 477.128, the scope of this division is limited to firefighters employed by the State Forestry Department or a forest protective association. This division does not apply to firefighting contractors or their employees; employees or members of rangeland protection associations; or other cooperating individuals, companies, agencies or their employees; even if they conducted fire suppression activities under the direction of the forester; except that it may apply to employees of other jurisdictions that are members of the Northwest Wildland Fire Protection Agreement pursuant to ORS 477.200, Article VI.

(3) The procedures described in this division shall apply to any circumstance where criminal charges result from fire suppression actions alleged to have occurred on or since January 1, 2012; effective July 1, 2016.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 477.128
DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16

Or. Admin. R. 629-170-0005 Definitions

(1) Terms used in OAR chapter 629, division 170 have the meaning given in ORS 477.001.

(2) In addition, as used in this division,

(a) “Firefighter” means an employee of the State Forestry Department or of a forest protective association, employed at the time of the alleged incident, whose duties included the abatement of uncontrolled fire as described in ORS 477.064.

(b) “Fire suppression activities”, “fire suppression actions” or “fire abatement duties” mean any of the myriad actions carried out as responsibilities of employees of the State Forestry Department or forest protective associations relating to suppressing fire including, but not limited to, attacking fires by building line or spraying water, using fire to burn out control lines or back fire, operating firefighting equipment, directing or planning the attack, operating or directing aircraft, dispatching resources and supporting firefighters logistical needs.

(c) “Under the direction and control of the forester” means and includes, in addition to fire suppression activities on lands provided fire protection directly by the State Forester pursuant to ORS 477.210(4) and (5), any firefighter assignments to fire suppression activities authorized by the forester pursuant to agreements with cooperating fire protection jurisdictions authorized under ORS 477.200 or 477.406.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 477.128
DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16

Or. Admin. R. 629-170-0010 Purpose

(1) OAR 629-170-0001 through 629-170-0040 are intended to provide procedures to guide the exercise of authority granted in ORS 477.128 for the State Forestry Department to pay costs and reasonable attorney fees for defense of a firefighter charged with a crime resulting from actions or omissions occurring in the course of fire abatement duties.

(2) Moreover, these rules and ORS 477.128 are intended to demonstrate to agency and association personnel that, if they make a dedicated effort to train and gain the critical experience required to be placed in positions of authority for fire suppression activities, and carry out their responsibilities in a conscientious manner, the department will support and assist in defending them.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 477.128
DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16

Or. Admin. R. 629-170-0015 Request for Reimbursement of Defense Costs

(1) Prior to any consideration by the State Forester to authorize expenditures under ORS 477.128, at the earliest practicable time after the firefighter reasonably suspects or has been informed of criminal charges being sought against the firefighter, the firefighter must make a written request to the State Forester.

(2) The request in section (1) above must:

(a) Seek a determination by the State Forester as to the eligibility of the firefighter for expenditures related to costs and reasonable attorney fees to defend against criminal charges in a specific instance; and

(b) Provide a description of the events leading to the possibility of criminal prosecution with sufficient specificity to allow the State Forester to initiate an investigation of those events.

(3) The request required by this rule is not intended to require the firefighter to provide information of a nature that would be construed to violate the firefighter’s right to avoid self-incrimination guaranteed under the Constitutions of the State of Oregon or the United States.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 477.128
DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16

Or. Admin. R. 629-170-0020 State Forester’s Investigation

(1) Upon receipt of a request pursuant to OAR 629-170-0015, the State Forester may initiate an investigation into the events and circumstances leading to criminal charges against a firefighter.

(2) The State Forester’s investigation must be focused on answering the following questions:

(a) At the time of the alleged actions underlying the charge, was the firefighter performing fire suppression activities under the direction and control of the forester?

(b) Did the alleged actions underlying the charge actually occur, and if so, were they directly related to the firefighter’s duties or performance of fire suppression activities?

(3) The State Forester may include in the investigation evidence from any credible source including, but not limited to, evidence gathered by other investigating entities. The State Forester has the sole responsibility to determine the validity and weight to be given any and all evidence.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 477.128
DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16

Or. Admin. R. 629-170-0025 Determination of Eligibility for Reimbursement

(1) If the State Forester finds affirmative answers to the questions in OAR 629-170-0020(2)(a) and (c); and relative to (2)(b) finds that the underlying actions leading to charges did not actually occur as charged, or finds that they did actually occur but were directly and appropriately related to the firefighter’s performance of fire suppression activities, the State Forester may authorize expenditures as provided in ORS 477.128.

(2) The State Forester shall strive to make a determination under this rule in as timely a fashion as possible to aid the firefighter in responding to the charges.

(3) Notwithstanding ORS 183.480, the firefighter has no right to a hearing or appeal of the State Forester’s determination under this rule, as specified in ORS 477.128(3).

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 477.128
DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16

Or. Admin. R. 629-170-0030 Funding

Prior to authorizing expenditures for costs and reasonable attorney fees pursuant to ORS 477.128, the State Forester must determine the source of funding to be used and the amount that may be available for such expenditures.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 477.128
DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16

Or. Admin. R. 629-170-0035 Written Agreement; Terms of Reimbursement

(1) As a condition of authorizing expenditures for costs and reasonable attorney fees pursuant to ORS 477.128, the State Forester may request the firefighter, the firefighter’s legal counsel or both, enter into a written agreement with the State Forester to establish the terms under which expenditures will be made that may include, but are not limited to:

(a) Designation of a department employee to act as the main point of contact in carrying out the terms of the agreement;

(b) Limits on the funds to be made available by the State Forester;

(d) Timing of expenditures;

(e) Means of recovering funds paid out upon a determination that the employee misrepresented any material facts in the course of making the request for reimbursement required by OAR 629-170-0015, the State Forester’s investigation, or at trial; and

(f) Clauses to protect the State of Oregon from any additional liabilities that might arise as a result of these actions.

(2) Upon final determination by the State Forester to authorize expenditures under ORS 477.128 and enter into an agreement described in this rule, the firefighter’s cost, if any, of development or legal review of the agreement may be included in the expenditures authorized by the State Forester.

(3) The State Forester may consult with legal counsel from the Department of Justice with regard to the form and content of the agreement described in this rule, provided that no information directly related to the facts of the criminal case be revealed.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 477.128
DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16

Or. Admin. R. 629-170-0040 Special Case

If the firefighter seeking reimbursement of legal costs under this division is the State Forester, all authorities and responsibilities of the State Forester under ORS 477.128 and this division must be delegated to a management service employee of the department, knowledgeable in firefighting organization, tactics and procedures, to be carried out under the supervision of an ad hoc committee of the Board of Forestry.

History

Statutory/Other Authority: ORS 526.041
Statutes/Other Implemented: ORS 477.128
DOF 2-2016, f. 6-10-16, cert. ef. 7-1-16

Division 600 DEFINITIONS

Or. Admin. R. 629-600-0050 Forest Practice Rules

OAR chapter 629, divisions 600 through 680 are known as the forest practice rules.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.710 & 527.715
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13

Or. Admin. R. 629-600-0100 Definitions

As used in OAR chapter 629, divisions 603 through 669 and divisions 680 through 699, unless otherwise required by context:

(1) "Abandoned resource site" means a resource site that the State Forester determines is not active.

(2) "Abandoned roads" are defined as roads that were constructed prior to 1972 and do not meet the criteria of active, inactive, or vacated roads. This does not include skid trails.

(3) "Active channel width" means the stream width between the ordinary high-water lines, or at the channel bankfull elevation if the ordinary high-water lines are indeterminate.

(4) "Active resource site" means a resource site that the State Forester determines has been used in the recent past by a listed species. 'Recent past' shall be identified for each species in administrative rule. Resource sites that are lost or rendered not viable by natural causes are not considered active.

(5) "Active roads" are roads currently being used or maintained for the purpose of removing commercial forest products.

(6) "Adaptive management program committee" (AMPC) means the adaptive management program committee described in OAR 629-603-0300.

(7) "Aquatic area" means the wetted area of streams, lakes, and wetlands up to the high water level. Oxbows and side channels are included if they are part of the flow channel or contain freshwater ponds.

(8) "Aquatic resource" as defined in section 40(1), chapter 33, Oregon Laws 2022 means:

(a) A species addressed in the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, and the resources on which the species relies; or

(b) If a habitat conservation plan consistent with the Private Forest Accord Report has been approved, a species addressed in the habitat conservation plan and the resources on which the species relies.

(9) "Area of inquiry" means an area along a Type N stream beginning at the confluence with a Type F or Type SSBT stream and extending:

(a) During Phase 1, to the first 250 feet encountered without a flow feature.

(b) After Phase 1, to the longer of the modeled end plus 250 feet, or beyond the modeled end to the end of the first 250 feet encountered without a flow feature.

(10) "Artificial reforestation" means restocking a site by planting trees or through the manual or mechanical distribution of seeds.

(11) "Bankfull elevation" means the point on a stream bank at which overflow into a floodplain begins.

(12) "Basal area" means the area of the cross-section of a tree stem derived from DBH.

(13) "Basal area credit" means the credit given towards meeting the live tree requirements within riparian management areas for placing material such as logs, rocks or rootwads in a stream, or conducting other enhancement activities such as side channel creation or grazing enclosures.

(14) "Beaver" means a member of the species Castor canadensis .

(15) "Best available science" means the standards developed pursuant to OAR 629-603-0400(4).

(16) "Biological goals and objectives" means the biological goals and objectives as set by the department for a habitat conservation plan to meet requirements of section 11 (1) chapter 33, Oregon Laws 2022.

(17) "Bog" means a wetland that is characterized by the formation of peat soils and that supports specialized plant communities. A bog is a hydrologically closed system without flowing water. It is usually saturated, relatively acidic, and dominated by ground mosses, especially sphagnum. A bog may be forested or non-forested and is distinguished from a swamp and a marsh by the dominance of mosses and the presence of extensive peat deposits.

(18) "Bull Trout" means fish species Salvelinus confluentus .

(19) "Certified steep slopes training" means the State Forester has certified that a trainee has completed training and demonstrated sufficient knowledge to determine the field delineation of the final boundaries for slope retention areas.

(20) "Channel" is a distinct bed or banks scoured by water which serves to confine water and that periodically or continually contains flowing water.

(21) "Channel migration zone" (CMZ) means the area where the active channel of a stream is prone to move and this results in a potential near-term loss of riparian function and associated habitat adjacent to the stream, except as modified by a permanent levee, dike, railroad lines, or any public transportation infrastructure. For this purpose, near term means the time scale required to grow a mature forest.

(22) "Chemicals" means and includes all classes of pesticides, such as herbicides, insecticides, rodenticides, fungicides, plant defoliants, plant desiccants, and plant regulators, as defined in ORS 634.006(8); fertilizers, as defined in ORS 633.311; petroleum products used as carriers; and chemical application adjuvants, such as surfactants, drift control additives, anti-foam agents, wetting agents, and spreading agents.

(23) "Commercial" means of or pertaining to the exchange or buying and selling of commodities or services. This includes any activity undertaken with the intent of generating income or profit; any activity in which a landowner, operator, or timber owner receives payment from a purchaser of forest products; any activity in which an operator or timber owner receives payment or barter from a landowner for services that require notification under OAR 629-605-0140; or any activity in which the landowner, operator, or timber owner barters or exchanges forest products for goods or services. This does not include firewood cutting or timber milling for personal use.

(24) "Common ownership" means direct ownership by one or more individuals or ownership by a corporation, partnership, association, or other entity in which an individual owns a significant interest, as defined in section 16(1), chapter 33, Oregon Laws 2022.

(25) "Completion of the operation" means harvest activities have been completed to the extent that the operation area will not be further disturbed by those activities.

(26) "Conflict" means resource site abandonment or reduced resource site productivity that the State Forester determines is a result of forest practices.

(27) "Covered species" means species for which incidental take under the federal Endangered Species Act is authorized in an incidental take permit and covered under a habitat conservation plan.

(28) "Culvert with imminent risk of failure" is defined as a culvert in all waters of the state that:

(a) Is actively diverting streams or ditchline runoff;

(b) Is actively eroding the road prism or stream channel in a manner that has the potential to undermine the integrity of the culvert;

(d) Has partially or completely failed fill; or

(e) Has high plugging potential as determined by the Stream Blocking Index or other comparable methodology, high magnitude of fill at risk, and high diversion potential in one or both directions.

(29) "Culvert with minimal risks to public resources" is defined as a culvert in all waters of the state that:

(a) Minimizes delivery of sediment to waters of the state;

(b) Has not diverted streams or ditchline runoff and does not have the potential to divert streams or ditchline runoff; and

(A) Provides passage for all species of adult and juvenile fish; and

(B) Provides passage of expected bed load and associated large woody material likely to be transported during flood events.

(30) "Debris flow" means a rapidly moving slurry of rock, soil, wood, and water, which is most often initiated by a landslide that delivers to and travels through steep, confined stream channels.

(31) "Debris flow traversal area sub-basins" means catchments within U.S. Geological Survey Hydrologic Unit Code 4th field basins that contain debris flow traversal areas that have a probability of traversal in the upper 20 percent.

(32) "Debris torrent-prone streams" are designated by the State Forester to include channels and confining slopes that drain watersheds containing high landslide hazard locations that are of sufficient confinement and channel gradient to allow shallow, rapid landslide movement.

(33) "Department" means the Oregon Department of Forestry.

(34) "Department reporting and notification system" means a forest activity electronic reporting and notice system operated by the State Forestry Department, used for a notification of operation and a permit to use fire or power-driven machinery, also known as the “E-Notification system” or “FERNS.”

(35) "Designated debris flow traversal areas" mean areas that the slopes model identifies as most likely to deliver debris flows to Type F or Type SSBT streams. These have a probability of traversal in the upper 50 percent, calculated consistent with the methods described in slopes model. The length of designated debris flow traversal area, as determined by the slopes model, is either:

(a) The entire length of the designated debris flow traversal area that has a probability of traversal in the upper 20 percent; or

(b) A maximum of 1,000 feet upstream of a Type F or Type SSBT stream confluence for a designated debris flow traversal area that has a probability of traversal between 20 percent and 50 percent alone or in combination with a designated debris flow traversal area that has a probability of traversal in the upper 20 percent.

(36) "Designated sediment source areas" means areas that the slopes model identifies as most likely to experience landslides that initiate debris flows that will likely deliver to Type F or Type SSBT streams. These areas, as identified by the slopes model, may or may not contain trigger sources. The slopes model identifies the hillslope areas greater than one-quarter acre in size within debris flow traversal area sub-basins that provide the top 33 percent of the landslide-derived sediment to Type F or Type SSBT streams.

(37) "Diameter breast height" (DBH) means the diameter of a tree inclusive of the bark measured four and one-half feet above the ground on the uphill side of the tree.

(38) "Domestic water use" means the use of water for human consumption and other household human use.

(39) "Dying or recently dead tree" means a tree with less than ten percent live crown or a standing tree which is dead, but has a sound root system and has not lost its small limbs. Needles or leaves may still be attached to the tree.

(40) "Eastern Oregon" means the region east of the Cascade Crest as described in OAR 629-635-0220.

(41) "ELZ" means an equipment limitation zone in which disturbance from equipment activity shall be minimized.

(42) "Estuary" means a body of water semi-enclosed by land and connected with the open ocean within which saltwater is usually diluted by freshwater derived from the land. "Estuary" includes all estuarine waters, tidelands, tidal marshes, and submerged lands extending upstream to the head of tidewater. However, the Columbia River Estuary extends to the western edge of Puget Island.

(43) "Exposure categories" are used to designate the likelihood of persons being present in structures or on public roads during periods when shallow, rapidly moving landslides may occur.

(44) "Filling" means the deposit by artificial means of any materials, organic or inorganic.

(45) "Fish use" means inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered species under the federal or state Endangered Species Act.

(46) "Fledging tree" means a tree or trees close to the nest which the State Forester determines are regularly used by young birds to develop flying skills.

(47) "Flow feature" means flowing water for 25 feet or more.

(48) "Flowing water" means continuous visibly flowing surface water within a channel.

(49) "Forage" means the plant species or other source of food that will be provided to substantially contribute, either directly or indirectly to nutrition of the target wildlife species or guild.

(50) "Ford" means a type of stream crossing where the vehicle travels on the streambed or other installed structure with the wheels of the vehicle in the water if present.

(51) "Forest conservation area" means the riparian forestland area that is not harvested that may be eligible for a forest conservation tax credit. The width of the eligible area is the difference between the outermost edge of the width of the riparian management area for the standard practice and the outermost edge of the width of the riparian management area for the small forestland owner minimum option. The length of the eligible area is the length of frontage that follows the same lengths as the standard practice.

(52) "Forest conservation tax credit" means a tax credit available to small forestland owners who choose to follow the standard practice used by large forest landowners and claim a tax credit for some of the value committed to conservation.

(53) "Forest practice" means any operation conducted on or pertaining to forestland, including but not limited to:

(a) Reforestation of forestland;

(b) Road construction and maintenance;

(d) Application of chemicals;

(e) Disposal of slash; and

(f) Removal of woody biomass.

(54) "Forest Practices Technical Guidance" means advisory guidance, developed by the State Forester through a stakeholder process, to assist landowners and resource professionals to implement the Oregon Forest Practices Act and forest practice rules.

(55) "Forest road inventory and assessment" (FRIA) means the road inventory, project planning, and reporting process required of forestland owners that do not qualify to manage forestlands under the small forestland owner minimum option.

(56) "Forest tree species" means any tree species capable of producing logs, fiber or other wood materials suitable for the production of lumber, sheeting, pulp, firewood or other commercial forest products except trees grown to be Christmas trees as defined in ORS 571.505 on land used solely for the production of Christmas trees.

(57) "Forestland" means land which is used for the growing and harvesting of forest tree species, regardless of how the land is zoned or taxed or how any state or local statutes, ordinances, rules or regulations are applied.

(58) "Free to grow" means the State Forester's determination that a tree or a stand of well distributed trees, of acceptable species and good form, has a high probability of remaining or becoming vigorous, healthy, and dominant over undesired competing vegetation. For the purpose of this definition, trees are considered well distributed if 80 percent or more of the portion of the operation area subject to the reforestation requirements of the rules contains at least the minimum per acre tree stocking required by the rules for the site and not more than ten percent contains less than one-half of the minimum per acre tree stocking required by the rules for the site.

(59) "Fully functioning culvert in Type F or Type SSBT streams" is defined as a culvert that is located in a Type F or Type SSBT stream, at the time of FRIA inspection, that meets the requirements of the forest practice rules as of January 1, 2022, and as described in the Forest Practices Technical Guidance for culverts existing prior to January 1, 2024.

(60) "Fully functioning culvert in Type N or D streams" is defined as a culvert that is located in a Type N or Type D stream, and that, at the time of FRIA inspection, meets all requirements of the forest practice rules as of January 1, 2022.

(61) "Further review area" means an area of land that may be subject to rapidly moving landslides as mapped by the State Department of Geology and Mineral Industries or as otherwise determined by the State Forester.

(62) "Geographic region" means large areas where similar combinations of climate, geomorphology, and potential natural vegetation occur, established for the purposes of implementing the water protection rules.

(63) "Habitat conservation plan" (HCP) means the federal agencies’ planning document designed to accommodate economic development to the extent possible by authorizing the limited and unintentional take of listed species when it occurs incidental to otherwise lawful activities. The plan is designed not only to help landowners and communities but also to provide long-term benefits to species requirements as identified in the Endangered Species Act.

(64) "Harvest type 1" means an operation that requires reforestation but does not require wildlife leave trees. A harvest type 1 is an operation that leaves a combined stocking level of free to grow seedlings, saplings, poles and larger trees that is less than the stocking level established by rule of the board that represents adequate utilization of the productivity of the site.

(65) "Harvest type 2" means an operation that requires wildlife leave trees but does not require reforestation. A harvest type 2 does not require reforestation because it has an adequate combined stocking of free to grow seedlings, saplings, poles and larger trees, but leaves:

(a) On Cubic Foot Site Class I, II or III, fewer than 50 11-inch DBH trees or less than an equivalent basal area in larger trees, per acre;

(b) On Cubic Foot Site Class IV or V, fewer than 30 11-inch DBH trees or less than an equivalent basal area in larger trees, per acre; or

(c) On Cubic Foot Site Class VI, fewer than 15 11-inch DBH trees or less than an equivalent basal area in larger trees, per acre.

(66) "Harvest type 3" means an operation that requires reforestation and requires wildlife leave trees. This represents a level of stocking below which the size of operations is limited under ORS 527.740 and 527.750.

(67) "Harvest type 4" means an operation that commercially thins or spaces residual trees that does not require reforestation or retention of wildlife leave trees.

(68) "Headwall" means steep, concave slopes that can concentrate subsurface water, which can lead to increased landslide susceptibility. Headwalls are typically located at the head of stream channels, draws, or swales. Headwalls have slope gradients of 65 percent or greater in the Tyee Core Area and 70 percent or greater in the rest of the state, as measured in the axis of the headwall. Landslides that occur in headwalls are more likely to initiate channelized debris flows that can travel down streams (also known as debris torrents) than landslides that occur in other areas of the slope.

(69) "High landslide hazard location" means a specific site that is subject to initiation of a shallow, rapidly moving landslide. The following criteria shall be used to identify high landslide hazard locations:

(a) The presence, as measured on site, of any slope in Western Oregon (excluding competent rock outcrops) steeper than 80 percent, except in the Tyee Core Area, where it is any slope steeper than 75 percent;

(b) The presence, as measured on site, of any headwall or draw in Western Oregon steeper than 70 percent, except in the Tyee Core Area, where it is any headwall or draw steeper than 65 percent; or

(c) Notwithstanding the slopes specified in (a) or (b) above, field identification of atypical conditions by a geotechnical specialist may be used to develop site specific slope steepness thresholds for any part of the state where the hazard is equivalent to (a) or (b) above. The final determination of equivalent hazard shall be made by the State Forester.

(70) "High water level" means the stage reached during the average annual high flow. The "high water level" often corresponds with the edge of streamside terraces, a change in vegetation, or a change in soil or litter characteristics.

(71) "Hydrologic disconnection" means the removal of direct routes of drainage or overland flow of road runoff to waters of the state.

(72) "Hydrologic function" means soil, stream, wetland and riparian area properties related to the storage, timing, distribution, and circulation of water.

(73) "Important springs" are springs in arid parts of Eastern Oregon that have established wetland vegetation, flow year-round in most years, are used by a concentration of diverse animal species, and, by reason of sparse occurrence, have a major influence on the distribution and abundance of upland species.

(74) "Inactive roads" are roads used for forest management purposes exclusive of removing commercial forest products.

(75) "Independent research and science team" (IRST) means the independent research and science team described in OAR 629-603-0400.

(76) "IRST housing agency" means a public body that houses and supports the Independent Research and Science Team as described in OAR 629-603-0450.

(77) "Key components" means the attributes which are essential to maintain the use and productivity of a resource site over time. The key components vary by species and resource site. Examples include fledging trees or perching trees.

(78) "Lake" means a body of year-round standing open water.

(a) For the purposes of the forest practice rules, lakes include:

(A) The water itself, including any vegetation, aquatic life, or habitats therein; and

(B) Beds, banks or wetlands below the high water level which may contain water, whether or not water is actually present.

(b) "Lakes" do not include water developments as defined in this rule.

(79) "Lamprey" means a member of the fish genera Entosphenus or Lampetra.

(80) "Landowner" means any individual, combination of individuals, partnership, corporation, or association of whatever nature that holds an ownership interest in forestland, including the state and any political subdivision thereof.

(81) "Landslide mitigation" means actions taken to reduce potential landslide velocity or re-direct shallow, rapidly moving landslides near structures and roads so risk to persons is reduced.

(82) "Large lake" means a lake greater than eight acres in size.

(83) "Large wood key piece" means a portion of a bole of a tree, with or without the rootwad attached, that is wholly or partially within the stream, that meets the length and diameter standards appropriate to stream size and high water volumes established in the "Guide to Placement of Wood, Boulders and Gravel for Habitat Restoration," developed by the Oregon Department of Forestry, Oregon Department of Fish and Wildlife, Oregon Department of State Lands, and Oregon Watershed Enhancement Board, January 2010.

(84) "Lateral Type Np stream" means any Type Np stream that is not a Terminal Type Np stream.

(85) "Live tree" means a tree that has 10 percent or greater live crown.

(86) "Local population" means the number of birds that live within a geographical area that is identified by the State Forester. For example: the area may be defined by physical boundaries, such as a drainage or subbasin.

(87) "Main channel" means a channel that has flowing water when average flows occur.

(88) "Modeled end" means the upper-most point of perenniality on a perennial stream shown on department maps and the department’s reporting and notification system as described OAR 629-635-0200(18). The modeled end may change over time in different phases or as updated by Oregon Department of Fish and Wildlife pursuant to the methods for field surveys as described in OAR 629-635-0200(11).

(89) "Natural barrier to fish use" is a natural feature such as a waterfall, increase in stream gradient, channel constriction, or other natural channel blockage that prevents upstream fish passage.

(90) "Natural reforestation" means restocking a site with self-grown trees resulting from self-seeding or vegetative means.

(91) "Nest tree" means the tree, snag, or other structure that contains a bird nest.

(92) "Nesting territory" means an area identified by the State Forester that contains, or historically contained, one or more nests of a mated pair of birds.

(93) "Operation" means any commercial activity relating to the establishment, management or harvest of forest tree species except as provided by the following:

(a) The establishment, management or harvest of Christmas trees, as defined in ORS 571.505, on land used solely for the production of Christmas trees.

(b) The establishment, management or harvest of hardwood timber, including but not limited to hybrid cottonwood that is:

(A) Grown on land that has been prepared by intensive cultivation methods and that is cleared of competing vegetation for at least three years after tree planting;

(B) Of a species marketable as fiber for inclusion in the furnish for manufacturing paper products;

(D) Subject to intensive agricultural practices such as fertilization, cultivation, irrigation, insect control and disease control.

(c) The establishment, management or harvest of trees actively farmed or cultured for the production of agricultural tree crops, including nuts, fruits, seeds and nursery stock.

(d) The establishment, management or harvest of ornamental, street or park trees within an urbanized area, as that term is defined in ORS 221.010.

(e) The management or harvest of juniper species conducted in a unit of less than 120 contiguous acres within a single ownership.

(f) The establishment or management of trees intended to mitigate the effects of agricultural practices on the environment or fish and wildlife resources, such as trees that are established or managed for windbreaks, riparian filters or shade strips immediately adjacent to actively farmed lands.

(g) The development of an approved land use change after timber harvest activities have been completed and land use conversion activities have commenced.

(94) "Operator" means any person, including a landowner or timber owner, who conducts an operation.

(95) "Ordinary high-water line" means the line on the bank or shore to which the high-water ordinarily rises annually in season, as defined in ORS 274.005.

(96) "Other wetland" means a wetland that is not a significant wetland or stream-associated wetland.

(97) "Parcel" means a contiguous single ownership recorded at the register of deeds within the county or counties where the property is located, including any parcel(s) touching along a boundary, but a railroad, road, stream, or utility-right-of-way may intersect the parcel. Single ownership is defined in ORS 527.620(14).

(98) "Perch tree" means a tree identified by the State Forester which is used by a bird for resting, marking its territory, or as an approach to its nest.

(99) "Plan for an Alternate Practice" means a document prepared by the landowner, operator or timber owner, submitted to the State Forester for written approval describing practices different than those prescribed in statute or administrative rule.

(100) "Pre-existing culvert" is defined as a culvert with minimal risks to public resources that is also:

(a) A fully functioning culvert in a Type F or Type SSBT stream; or

(b) A fully functioning culvert in a Type N or Type D stream.

(101) "Relief culvert" means a structure to relieve surface runoff from roadside ditches to prevent excessive buildup in volume and velocity.

(102) "R-ELZ" means an equipment limitation zone in which disturbance from equipment activity shall be minimized and all trees less than six inches DBH and shrub species are retained where possible.

(103) "Removal" means the taking or movement of any amount of rock, gravel, sand, silt, or other inorganic substances.

(104) "Repeat Violator" means an operator, timber owner, or landowner for which a finding has been made by the State Forester under section 46(6), chapter 33, Oregon Laws 2022.

(105) "Replacement tree" means a tree or snag within the nesting territory of a bird that is identified by the State Forester as being suitable to replace the nest tree or perch tree when these trees become unusable.

(106) "Research agenda" means the plan developed by the AMPC pursuant to OAR 629-603-0200(5)(a).

(107) "Resource site" is defined for the purposes of protection and for the purposes of requesting a hearing.

(a) For the purposes of protection:

(A) For threatened and endangered bird species, "resource site" is the nest tree and all identified key components.

(B) For sensitive bird nesting, roosting and watering sites, "resource site" is the nest tree, roost tree or mineral watering place, and all identified key components.

(C) For significant wetlands "resource site" is the wetland and the riparian management area as identified by the State Forester.

(b) For the purposes of requesting a hearing under ORS 527.670(4) and 527.700(3), "resource site" is defined in OAR 629-680-0020.

(108) "RH Max" means the maximum distance described for any particular small Type Np stream.

(109) "Riparian area" means the ground along a water of the state where the vegetation and microclimate are influenced by year-round or seasonal water, associated high water tables, and soils which exhibit some wetness characteristics.

(110) "Riparian management area" means an area along each side of specified waters of the state within which vegetation retention and special management practices are required for the protection of water quality, hydrologic functions, and fish and wildlife habitat.

(111) "Road management blocks" means geographically distinct ownership blocks for which a landowner is encouraged to conduct a Forest Road Inventory and Assessment.

(112) "Road prism" means the area of the ground containing the road surface, cut slope, and fill slope.

(113) "Salmon" means any of the five salmon species that exist in Oregon. These species are:

(a) Chinook salmon ( Oncorhynchus tshawwytscha );

(b) Coho salmon ( Oncorhynchus kisutch );

(d) Sockeye salmon ( Oncorhynchus nerka ); and

(e) Pink salmon ( Oncorhynchus gorbuscha ).

(114) "Saplings and poles" means live trees of acceptable species, of good form and vigor, with a DBH of one to 10 inches.

(115) "Seedlings" means live trees of acceptable species of good form and vigor less than one inch in DBH.

(116) "Seeps" means features similar to springs, except without a well-defined point or points of groundwater surface discharge and usually very low flow.

(117) "Shallow, rapidly moving landslide" means any detached mass of soil, rock, or debris that begins as a relatively small landslide on steep slopes and grows to a sufficient size to cause damage as it moves down a slope or a stream channel at a velocity difficult for people to outrun or escape.

(118) "Side channel" means a channel other than a main channel of a stream that only has flowing water when high water level occurs.

(119) "Significant violation" as defined in section 40(15), chapter 33, Oregon Laws 2022:

(a) “Significant violation” means:

(A) Violation of ORS 527.670(6) by engaging in an operation without filing the requisite notification;

(B) Continued operation in contravention of an order issued by the State Forester under ORS 527.680(2)(a), (3), or (5); or

(C) A violation resulting in major damage to a resource described in ORS 527.710(2) for which restoration is expected to take more than 10 years.

(b) “Significant violation” does not include:

(A) Unintentional operation in an area outside an operating area of an operation for which sufficient notification was filed pursuant to ORS 527.670(6);

(B) Continued operation in contravention of an order issued by the State Forester under ORS 527.680 (2)(a), (3), or (5), where an operator demonstrates that it did not receive the order; or

(120) "Significant wetlands" means those wetland types listed in OAR 629-680-0310, that require site specific protection, as follows:

(a) Wetlands that are larger than eight acres;

(b) Estuaries;

(d) Important springs in Eastern Oregon.

(121) “Significantly disproportionately impacted” means a small forestland owner parcel that:

(a) If it contains a dwelling, is 10 acres or more in size;

(b) Has a total encumbrance from all small forestland minimum option riparian management areas, as described in OAR 629-643-0140, greater than 20% of the forested acreage of the parcel; and

(c) Generates timber revenue that is relied upon to sustain management activities on forest properties, cover annual costs of ownership, provide regular contributions to income, or more than 5% of the revenue is contributed to a planned estate investment as demonstrated by a Forest Management Plan.

(122) "Slope retention areas" means the 50 percent, at a minimum, of designated sediment source areas in each harvest unit that will be left unharvested.

(123) "Slopes model" means the department’s computer-generated model to identify designated debris flow traversal areas, designated sediment source areas, and trigger sources.

(124) "Small forestland" means forestland that has an owner that owns or holds common ownership interest in less than 5,000 acres of forestland in this state, regulated under section 5(1)(b), chapter 33, Oregon Laws 2022.

(125) "Small forestland owner" pursuant to section (16), chapter 33, Oregon Laws 2022 and section 2, chapter 34, Oregon Laws 2022, means a landowner who:

(a) Owns or holds in common ownership interest in less than 5,000 acres of forestland in this state;

(b) Has harvested no more than an average yearly volume of two million board feet of merchantable forest products from the landowner’s forestlands in this state, when averaged over the three years prior to:

(A) The date the department receives a harvest notification from the landowner; or

(B) If applying for a Small Forestland Investment in Stream Habitat Program grant, the date the landowner submits a grant application; and

(c) Affirms that they do not expect to exceed an average yearly volume of two million board feet of merchantable forest products to be harvested from the landowner’s forestlands in this state for 10 years after the department receives the harvest notification or grant application; or

(d) Emergency exception: Any landowner who exceeds the two million board feet average harvest threshold from their land in the three years prior to submitting a harvest notification or grant application to the department, or who expects to exceed the threshold during any of the following 10 years, shall still be deemed a "small forestland owner" if the landowner establishes to the department’s reasonable satisfaction that the harvest limits were, or will be, exceeded to raise funds to pay estate taxes or for a compelling and unexpected obligation, such as for a court-ordered judgment or for extraordinary medical expenses.

(126) "Small forestland owner minimum option" means the option to harvest timber allowed to a small forestland owner under rules adopted under the Oregon Forest Practices Act.

(127) "Snag" means a tree which is dead but still standing, and that has lost its leaves or needles and its small limbs.

(128) "Sound snag" means a snag that retains some intact bark or limb stubs.

(129) "Springs" means features where groundwater discharges to land surface or a surface water body at a well-defined point or points. Spring volumes range from small, intermittent trickles to millions of gallons per day, depending on the groundwater source and hydraulic head.

(130) "SSBT use" means a stream with salmon, steelhead, or bull trout present or otherwise used by salmon, steelhead, or bull trout at any time of the year as determined by the State Forester.

(131) "State Forester" means the State Forester or the duly authorized representative of the State Forester.

(132) "Steelhead" means the anadromous life history variant of Oncorhynchus mykiss .

(133) "Stream" means a channel, such as a river or creek, which carries flowing surface water during some portion of the year.

(a) For the purposes of the forest practice rules, streams include:

(A) The water itself, including any vegetation, aquatic life, or habitats therein;

(B) Beds and banks below the high water level which may contain water, whether or not water is actually present;

(D) Beaver ponds, oxbows, and side channels if they are connected by surface flow to the stream during a portion of the year; and

(E) Stream-associated wetlands.

(b) "Streams" do not include:

(A) Ephemeral overland flow (such flow does not have a channel); or

(B) Road drainage systems or water developments as defined in this rule.

(134) "Stream adjacent failures" means all slopes greater than 70 percent immediately adjacent to Type F or Type SSBT streams that are either:

(a) Actively failing and delivering sediment, where erodible material and exposed soils are present and prone to continued shallow-rapid slope instability, with active features such as tension cracks, scarps, ground surface shearing, and oversteepened toes; or

(b) Unstable due to the toe interacting directly with erosive forces of a stream, such that there is likely a slope failure extending beyond the standard width of the riparian management area.

(135) "Stream-associated wetland" means a wetland that is not classified as significant and that is next to a stream.

(136) "Structural exception" means the State Forester determines that no actions are required to protect the resource site. The entire resource site may be eliminated.

(137) "Structural protection" means the State Forester determines that actions are required to protect the resource site. Examples include retaining the nest tree or perch tree.

(138) "Stumpage value" means the value of standing timber based on the value that would be received for the timber if harvested and delivered to a mill, minus the cost of harvest and delivery to the mill.

(139) "Target wildlife" means a wildlife species or wildlife guild expected to benefit from the installation of a wildlife food plot.

(140) "Temporal exception" means the State Forester determines that no actions are required to prevent disturbance to birds during the critical period of use.

(141) "Temporal protection" means the State Forester determines that actions are required to prevent disturbance to birds during the critical period of use.

(142) "Terminal Type Np stream" means the largest Type Np stream by basin size that is immediately upstream of the end of a Type F or Type SSBT stream.

(143) "Timber owner" means any individual, combination of individuals, partnership, corporation or association of whatever nature, other than a landowner, that holds an ownership interest in any forest tree species on forestland.

(144) "Tree leaning over the channel" means a tree within a riparian management area if a portion of its bole crosses the vertical projection of the high water level of a stream.

(145) "Trigger sources" means areas within designated sediment source areas that the slopes model identifies as most likely to trigger a high-volume debris flow. These areas have the top 20 percent probability of triggering a top 33 percent high-volume debris flow.

(146) "Tyee Core Area" means a location with geologic conditions including thick sandstone beds with few fractures. These sandstones weather rapidly and concentrate water in shallow soils creating a higher shallow, rapidly moving landslide hazard. The Tyee Core Area is located within coastal watersheds from the Siuslaw watershed south to and including the Coquille watershed, and that portion of the Umpqua watershed north of Highway 42 and west of Interstate 5. Within these boundaries, locations where bedrock is highly fractured or not of sedimentary origin as determined in the field by a geotechnical specialist are not subject to the Tyee Core Area slope steepness thresholds.

(147) "Type D stream" means a stream that has domestic water use, but no fish use.

(148) "Type F stream" means a stream with fish use, or both fish use and domestic water use.

(149) "Type N stream" means a stream that meets the criteria of a Type Np or Ns stream.

(150) "Type Np stream" means all perennial streams that are not Type SSBT or Type F.

(151) "Type Ns stream" means all seasonal stream reaches that are not Type SSBT, Type F or Type Np streams.

(152) "Type SSBT stream" means a stream that is classified as a Type F stream and has SSBT use.

(153) "Unit" means an operation area submitted on a notification of operation that is identified on a map and that has a single continuous boundary. Unit is used to determine compliance with ORS 527.676 (down log, snag and green live tree retention), 527.740 and 527.750 (harvest type 3 size limitation), and other forest practice rules.

(154) "Vacated roads" are roads that have been made impassable and are no longer to be used for forest management purposes or commercial forest harvesting activities.

(155) "Verified end" means the upper-most point of perenniality established pursuant to field verification as required by 629-635-0200(18)(c).

(156) "Water bar" means a diversion ditch or hump in a trail or road for the purpose of carrying surface water runoff into the vegetation and duff so that it does not gain the volume and velocity which causes soil movement or erosion.

(157) "Water development" means water bodies developed for human purposes that are not part of a stream such as waste treatment lagoons, reservoirs for industrial use, drainage ditches, irrigation ditches, farm ponds, stock ponds, settling ponds, gravel ponds, cooling ponds, log ponds, pump chances, or heli-ponds that are maintained for the intended use by human activity.

(158) "Waters of the state" include lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, canals, the Pacific Ocean within the territorial limits of the State of Oregon, and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters which do not combine or effect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction.

(159) "Western Oregon" means the region west of the Cascade Crest as described in OAR 629-635-0220.

(160) "Wetland" means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include marshes, swamps, bogs, and similar areas. Wetlands do not include water developments as defined in this rule.

(161) "Wildlife food plot" means a small forestland area that, instead of being used for growing and harvesting of a forest tree species, is planted in vegetation or has vegetation capable of substantially contributing to wildlife nutrition.

(162) "Wildlife guild" means a grouping of wildlife that has similar characteristics and fulfills similar ecological roles in the environment.

(163) "Wildlife leave trees" means trees or snags required to be retained as described in ORS 527.676(1).

(164) "Written plan" means a document prepared by an operator, timber owner or landowner that describes how the operation is planned to be conducted.

History

Statutory/Other Authority: ORS 527.710(1), 527.714, 527.630(3), 526.016(4), 527.678(3)(a) & section 2(1), chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.630(5), 527.674, 527.714, 527.678(3)(a), 527.620 & section 2(2), chapter 33, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 14-2023, amend filed 07/01/2023, effective 07/01/2023
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 1-2020, amend filed 08/12/2020, effective 09/01/2020
DOF 3-2017, f. 8-14-17, cert. ef. 9-1-17
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 1-2007, f. & cert. ef. 1-8-07
Reverted to DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 7-2006(Temp), f.& cert. ef. 6-27-06 thru 12-23-06
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
DOF 6-2002, f. & cert. ef. 7-1-02
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0101
FB 5-1994, f. 12-23-94, cert. ef. 1-1-95
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94
FB 7-1991, f. & cert. ef. 10-30-91
FB 1-1991, f. & cert. ef. 5-23-91
FB 4-1990, f. & cert. ef. 7-25-90
FB 4-1988, f. 7-27-88, cert. ef. 9-1-88
FB 2-1987, f. 5-4-87, ef. 8-1-87
Reverted to FB 1-1985, f. & ef. 3-12-85
FB 2-1985(Temp), f. & ef. 4-24-85
FB 1-1985, f. & ef. 3-12-85
FB 3-1983, f. & ef. 9-13-83
FB 5-1978, f. & ef. 6-7-78
FB 1-1978, f. & ef. 1-6-78
FB 39, f. 7-3-74, ef. 7-25-74
FB 31, f. 6-14-72, ef. 7-1-72

Division 603 ADAPTIVE MANAGEMENT

Or. Admin. R. 629-603-0000 Adaptive Management Program Purpose

(1) The purpose of the adaptive management program rules is to provide science-based recommendations and technical information to assist the Board of Forestry in determining when it is necessary or advisable to adjust rules, guidance, and training programs to achieve the biological goals and objectives.

(2) OAR 629-603-0000 through 629-603-0600 shall be known as the adaptive management program rules.

(3) It is the policy of the State of Oregon that regulation of forest practices for the protection of aquatic species shall, in addition to other statutory requirements, be subject to a process of adaptive management, whereby forest practice rules are:

(a) Monitored for effectiveness relative to the biological goals and objectives; and

(b) Modified if necessary to achieve the biological goals and objectives.

(4) The adaptive management program is established to implement the policy stated in section (3) of this rule.

(5) The purpose of the adaptive management program is to:

(a) Ensure timely and effective change as needed to meet biological goals and objectives.

(b) Provide predictability and stability of the process of changing regulation so landowners, regulators, and interested members of the public can understand and anticipate change.

(d) Effectively meet biological goals and objectives with less operationally expensive prescriptions when feasible.

(6) For the purposes of this rule division, the following definitions apply:

(a) "Adaptive management program committee" (AMPC) means the adaptive management program committee described in OAR 629-603-0300.

(b) "Best available science" means the standards developed pursuant to OAR 629-603-0400(4).

(c) "Biological goals and objectives" means the biological goals and objectives as set by the department for a habitat conservation plan to meet requirements of section 11(1) chapter 33, Oregon Laws 2022.

(d) "Independent research and science team" (IRST) means the independent research and science team described in OAR 629-603-0400.

(e) "IRST housing agency" means a public body that houses and supports the Independent Research and Science Team as described in OAR 629-603-0450.

(f) "Research agenda" means the plan developed by the AMPC pursuant to OAR 629-603-0200(5)(a).

History

Statutory/Other Authority: ORS 527.710 & section 34(2), chapter 33, Oregon Laws 2022
Statutes/Other Implemented: section 34(1), chapter 33, Oregon Laws 2022
DOF 14-2023, amend filed 07/01/2023, effective 07/01/2023
DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022

Or. Admin. R. 629-603-0100 Adaptive Management Program Overview

(1) The adaptive management program must:

(a) Conduct effectiveness monitoring by assessing the degree to which the rules facilitating particular forest conditions and ecological processes achieve the biological goals and objectives. This assessment may include evaluation of cumulative effects.

(b) Conduct research inquiry and validation monitoring to:

(A) Determine if additional scientific inquiry is needed to fill knowledge gaps related to biological goals and objectives; and

(B) Test and improve existing and new models and methodologies used to design and implement forest practice rules intended to meet the biological goals and objectives.

(2) The adaptive management program participants include:

(a) The Adaptive Management Program Committee (AMPC) described in OAR 629-603-0300 and its composition specified in section 36, chapter 33, Oregon Laws 2022;

(b) The Independent Research and Science Team (IRST) described in OAR 629-603-0400 and its composition specified in section 38, chapter 33, Oregon Laws 2022; and

(3) The Board of Forestry and the department shall encourage access to land for the purpose of conducting studies and monitoring contemplated by Division 603 rules. The AMPC and the IRST may each prepare a report to the board describing instances where access to land has been insufficient to achieve the purposes of this rule division. If presented with such a report, the board shall consider whether to initiate rulemaking or other measures to address any research and monitoring problems arising from lack of access to land.

(4) The State Forester shall report to the board annually about the status of adaptive management program efforts.

(5) The board intends that the process of continuous improvement be applied to the adaptive management program. The department shall conduct performance audits once every six years per Generally Accepted Government Auditing Standards. The first audit must be completed by January 1, 2029. The performance audits will evaluate whether the program achieved the purposes outlined in OAR 629-603-0000(5).

(6) Adaptive management program studies will focus on issues related to the biological goals and objectives. However, studies may address issues that are not related to the biological goals and objectives only if the studies do not impair research and monitoring on issues related to the biological goals and objectives.

(7) Adaptive management program research may test whether:

(a) Operationally less expensive prescriptions can effectively meet biological goals and objectives; and,

(b) More risk averse prescriptions are necessary to meet biological goals and objectives.

(8) The following topics shall be prioritized in the initial phase of the adaptive management program:

(a) Literature review for eastern Oregon steep slopes;

(b) Requirements of baseline and trend monitoring of road rules; and

(9) The AMPC may determine when section (8) of this rule is satisfied and therefore those topics are no longer priorities. In the event the AMPC makes these findings, the department shall present the AMPC findings to the board.

History

Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 34(1), Chapter 33, Oregon Laws 2022
DOF 14-2023, amend filed 07/01/2023, effective 07/01/2023
DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022

Or. Admin. R. 629-603-0130 Adaptive Management Program Budget

(1) It is the intent of the Board of Forestry that the State Forester and its cooperators place a high priority on the adaptive management program, which requires securing adequate resources to conduct the necessary work of the AMPC, the IRST, the Adaptive Management Program Coordinator, and other entities as needed. The State Forester shall work with its cooperators and the legislature to secure the necessary resources, funding, and coordination for an effective adaptive management program.

(2) The board shall determine the budget for:

(a) The IRST Housing Agency described in OAR 629-603-0450;

(b) Participation grants for the AMPC and the IRST per OAR 629-603-0160;

(d) Analyses per OAR 629-603-0100(7) as provided by OAR 629-603-0200(5)(e); and

(e) Other aspects of the adaptive management program that may arise, notwithstanding the process described in section (3) of this rule.

(3) The AMPC shall create a detailed, preliminary budget of the funds from section (2)(c) of this rule for the research agenda per OAR 629-603-0200(5)(a), for a subsequent board vote per OAR 629-603-0200(5)(d).

History

Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 34(1), Chapter 33, Oregon Laws 2022
DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022

Or. Admin. R. 629-603-0160 Adaptive Management Participation Grants

(1) Organizations on the AMPC and the IRST are eligible for participation grants to compensate the organization for organizational resources the organization dedicated to support the AMPC or the IRST. The Department of Forestry, Department of Fish and Wildlife, Department of Environmental Quality, and federal agencies on the AMPC are not eligible for participation grants.

(2) The Board of Forestry shall determine the budget available for participation grants every biennium pursuant to OAR 629-603-0130(2)(b). The budgeted funds shall be equally divided by the number of members from eligible organizations who apply for the grants.

(3) The board shall award individual participation grants to eligible organizations who request these grants.

(4) If an eligible organization on the IRST has more than one member on the IRST, each eligible organization shall receive individual participation grants for each of their members.

(5) Notwithstanding section (2) of this rule, the board may choose to award some members higher grant amounts if the members have significantly higher workloads than other AMPC or IRST members.

History

Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 36(10), Chapter 33, Oregon Laws 2022, Section 38(11), Chapter 33, Oregon Laws 2022 & Section 34(1), Chapter 33, Oregon Laws 2022
DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022

Or. Admin. R. 629-603-0200 Adaptive Management Program Process Steps

(1) This rule specifies communications between the Board of Forestry, the AMPC, and the IRST to implement the adaptive management program. To the extent there needs to be communications not identified in this rule for adaptive management program success, the Adaptive Management Program Coordinator will facilitate these communications.

(2) By January 31, 2024:

(a) The AMPC shall:

(A) Complete their charter per OAR 629-603-0300(2); and

(B) Develop the initial list of research topics including the priorities in OAR 629-603-0100(8). Following completion of this list, the AMPC shall integrate the list into a Research Agenda developed via sections (3) through (5) of this rule.

(b) The IRST shall complete their charter per OAR 629-603-0400(2) and determine best available science per OAR 629-603-0400(4).

(3) Step 1: The AMPC shall develop preliminary research question(s).

(a) The AMPC shall succinctly specify preliminary research questions that include the following:

(A) The type of research and monitoring per OAR 629-603-0100(1)(a) or (b);

(B) The rule, biological goals and objectives, or other issue being studied;

(D) A brief description of the context of the research question; and

(E) Other information the AMPC deems necessary for the IRST’s work per section (4) of this rule.

(b) The board may direct the AMPC to develop additional preliminary research questions.

(c) The AMPC shall send the preliminary research questions to the IRST annually on a date specified in the AMPC charter developed pursuant to OAR 629-603-0300(2).

(4) Step 2: The IRST shall prepare a proposal for each preliminary research question.

(a) Within 45 days of receiving a preliminary research question from the AMPC per subsection (3)(c) of this rule, the IRST shall inform the AMPC of the timeframe to complete a research proposal described in subsection (4)(c) of this rule.

(b) The IRST shall hone each preliminary research question into a final research question. The IRST shall communicate with the AMPC via the Adaptive Management Program Coordinator to allow the AMPC an opportunity to provide input to ensure that the AMPC’s original intent is maintained in the final research question. Following this communication, the IRST shall finalize the research question.

(c) The IRST shall develop, or direct through a third party the development of, a research proposal for each finalized research question. Each research proposal shall include:

(A) A literature review that specifies the need for or the type of monitoring, research, commissioned studies, or other means of scientific inquiry necessary to answer the finalized research question described in subsection (4)(b) of this rule;

(B) A preliminary estimate of the budget for each year of the research, and a timeline to complete the research project with specific deliverables; and,

(C) A preliminary description of research project requirements, scope of work including an estimate of the timeline and key milestones, and an estimate of the degree to which knowledge may be improved if the research proposal is implemented.

(d) The IRST may develop multiple research proposals to address each research question. Each proposal must include all the elements of subsection (4)(c) of this rule. If multiple research proposals are developed, the IRST shall compare their costs versus the knowledge benefits of the research proposals.

(e) The IRST shall send proposal(s) from subsections (4)(c) and (4)(d) of this rule to the AMPC within the timeframe communicated from the IRST to the AMPC pursuant to subsection (4)(a) of this rule.

(5) Step 3: The AMPC shall develop a research agenda.

(a) The AMPC shall develop a multi-year research agenda that includes:

(A) Prioritized research projects;

(B) Key milestones for each research project;

(D) A comprehensive IRST budget, including annual budget for each year of each project.

(b) In prioritizing the research projects, the AMPC shall consider:

(A) Biennial appropriations from the legislature;

(B) Priorities outlined in OAR 629-603-0100(8);

(D) Board direction;

(E) Requirements for continuity of research projects under agreement or out for RFP review; and,

(F) Other information as appropriate.

(d) The department shall present the budget in the research agenda developed pursuant to subsection (5)(a) of this rule to the board for a vote at the September board meeting of odd-numbered years.

(e) The AMPC may request the department to hire a third party to complete analyses per OAR 629-603-0100(7).

(6) Step 4: The IRST shall implement the research agenda approved by the board pursuant to subsection (5)(d) of this rule.

(a) No later than November 1 of odd-numbered years, the IRST shall develop an annual work plan to implement the research agenda approved by the board in subsection (5)(d) of this rule.

(b) The IRST shall develop request for proposals (RFP) in an open, competitive process for research projects in the research agenda. The RFP shall include:

(A) Research project objectives, deliverables, and deadlines;

(B) A statement of work;

(D) The required expertise and capacity of proposers;

(E) The data as a deliverable;

(F) The expectations for a detailed final report;

(G) An after-action review meeting between the IRST and the contractor and other cooperators; and,

(H) Other RFP elements required by the IRST Housing Agency specified in OAR 629-603-0450.

(A) Contractor and other cooperator presentations to the AMPC, the board, or other entities as appropriate.

(B) A summary report. If the contractor and other cooperators are required to produce a summary report for the agreement, it must contain the elements listed in section (6)(g) of this rule.

(d) The RFP announcement and award process shall follow procedures of the IRST Housing Agency, with the IRST selecting the RFP successful proposer.

(e) If an IRST member applies for an RFP, the IRST shall ensure RFP selections follow conflict of interest standards as established by the Oregon Government Ethics Commission.

(f) The IRST shall develop and manage agreements for RFP successful proposer.

(g) If the agreement in subsection (6)(f) of this rule did not require development of a summary report, the IRST shall complete the summary report within 90 days of receiving the contractor and other cooperator’s detailed final report in paragraph (6)(b)(F) of this rule. The summary report shall be written for a lay audience and include:

(A) Methods sufficient to allow others to understand what was done and to evaluate the results and conclusions;

(B) A detailed description of the results; and

(i) Effectiveness: In studies examining alternative prescriptions, the likely effectiveness of each prescription shall be reported.

(ii) Causal links: An assessment of how the results of relevant new research findings developed by the IRST or through outside research clarify or support causal links between forest practices and aquatic resources, and implications regarding how well forest practice rules or rule sets are likely to address these linkages.

(iii) Magnitude of impact: An assessment of the magnitude of impact on covered species or biological goals and objectives on a sliding scale.

(iv) Timescale of effects observed, and the immediacy of likely changes in the environment.

(v) Scope of inference.

(vi) Scientific uncertainty versus confidence: An assessment of the scientific uncertainty and confidence in the results.

(7) Step 5: Within 30 days of completion of the last of the reports described in paragraphs (6)(b)(F) and (6)(c)(B) and subsection (6)(g) of this rule, the IRST shall send both reports to the AMPC and the board.

(8) Step 6: The AMPC and the board shall assess the IRST reports described in section (7) of this rule and determine next steps per the following process.

(a) The AMPC shall consider reports described in paragraphs (6)(b)(F) and (6)(c)(B) and subsection (6)(g) of this rule from the IRST. Within 90 days of receipt of these reports from the IRST, the AMPC shall send its report to the board. This AMPC report shall include:

(A) Alternative actions, including a no action alternative, to address research findings identified in the IRST reports.

(B) The AMPC may recommend one or more of the alternatives. Recommendations shall include:

(i) Reasoning for the recommendation.

(ii) If a recommendation for a rule change, a clear description of the proposed rule change.

(iii) If a recommendation for additional scientific inquiry, a clear description of the preliminary research question.

(iv) If a recommendation for any other policy action, including rule guidance and training, a clear description of the proposed policy action.

(b) By the second regular board meeting after receipt of the AMPC report, the AMPC shall present their recommendations to the board for a vote.

History

Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 38(7), Chapter 33, Oregon Laws 2022 & Section 34(1), Chapter 33, Oregon Laws 2022
DOF 14-2023, amend filed 07/01/2023, effective 07/01/2023
DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022

Or. Admin. R. 629-603-0300 Adaptive Management Program Committee

(1) The purpose of the Adaptive Management Program Committee (AMPC) is to complete work described in division 603 of OAR chapter 629 and section 36(7), chapter 33, Oregon Laws 2022.

(2) The AMPC shall develop its operating procedures through a charter approved by the AMPC. The charter shall include:

(a) A values statement on the purpose of the AMPC, including the need for ongoing good relationships.

(b) Ground rules for AMPC member interactions.

(d) Process for selecting chairperson(s). The chairperson shall have the usual duties and powers of a presiding officer.

(e) Roles, expectations, and representation on subcommittees.

(f) Regular deadlines including the deadline specified in OAR 629-603-0200(3)(c).

(g) Measures to maintain and improve the long-term effectiveness of AMPC, including:

(A) Succession management procedures;

(B) Onboarding of new AMPC members; and

(3) After the Board of Forestry appoints the first AMPC members pursuant to sections 36(5)(a) and 37, chapter 33, Oregon Laws 2022, members’ terms may be renewed by a vote by the board. If an AMPC member’s term is not renewed by the board or there is any other vacancy of a voting member on the AMPC, then the entity described in sections 36(3), 36(4), 36(5)(a) chapter 33, Oregon Laws 2022 shall propose two new candidates for a vote from the board for AMPC appointment.

(4) The AMPC shall conduct their meetings per the AMPC charter, and all AMPC meetings shall be conducted as public meetings consistent with Oregon Public Meetings Law. The AMPC will provide for public testimony at meetings unless the chairperson determines that doing so would be detrimental to the conduct of the AMPC’s business.

(5) An organization on the AMPC may designate someone to serve as an interim member in place of their current member. The interim member will have all the rights and responsibilities of that organization’s voting status per Section 36, Chapter 33, Oregon Laws 2022. The organization must submit in writing to the adaptive management program coordinator:

(a) The name of the interim member; and,

(b) The duration of their interim status, not to exceed one year.

History

Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 34(1), Chapter 33, Oregon Laws 2022
DOF 14-2023, amend filed 07/01/2023, effective 07/01/2023
DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022

Or. Admin. R. 629-603-0400 Independent Research and Science Team

(1) The purpose of the Independent Research and Science Team (IRST) is to complete work described in division 603 of OAR chapter 629 and section 38(8), chapter 33, Oregon Laws 2022.

(2) The IRST shall develop its operating procedures through a charter approved by the IRST. The charter shall include:

(a) A values statement on the purpose of the IRST, including the need for ongoing good relationships;

(b) Ground rules for IRST member interactions;

(d) Determination of what constitutes a substantial decision per section 38(9)(b), chapter 33, Oregon Laws 2022;

(e) Process for selecting chairperson(s). The chairperson shall have the usual duties and powers of a presiding officer;

(f) Process for nominating new members to fill vacancies and add new disciplinary expertise pursuant to section 38(6), chapter 33, Oregon Laws 2022;

(g) Role, expectations, and representation on subcommittees; and

(h) Measures to maintain and improve the long-term effectiveness of the IRST, including:

(A) Succession management procedures;

(B) Onboarding of new IRST members; and

(3) An IRST member’s term may be renewed upon a two-thirds vote of the rest of the IRST and then ratification by the board. A two-thirds vote of the other IRST members, or a majority vote of the board, may remove an IRST member before the end of their term.

(4) The IRST shall develop standards for best available science for the adaptive management program that include:

(a) Types of sources of best available science;

(b) Process for determining what is best available science based on criteria set by the IRST, including an assessment of study quality and relevance;

(d) A peer review process that is transparent and addresses both study designs and study reports. The IRST shall not grant anonymity to authors, handling editors, or peer-reviewers before January 1, 2028. After January 1, 2028, the IRST may modify the anonymity requirements to peer reviewers by a substantial decision of the IRST; and

(e) Other elements the IRST determines are necessary.

(5) The IRST may update the best available science standards developed pursuant to section (4) of this rule.

(6) The IRST shall conduct their meetings per the IRST charter, and all IRST meetings shall be conducted as public meetings consistent with Oregon Public Meetings Law. The IRST will provide for public testimony at meetings unless the chairperson determines that doing so would be detrimental to the conduct of the IRST’s business.

(7) The IRST may pursue scientific inquiry via various avenues, including:

(a) Literature review;

(b) Field monitoring;

(d) Commissioned studies; and,

(e) Other means of scientific inquiry.

History

Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 38(7), Chapter 33, Oregon Laws 2022 & Section 34(1), Chapter 33, Oregon Laws 2022
DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022

Or. Admin. R. 629-603-0450 Housing Agency for IRST

(1) The department shall have an agreement with Oregon State University-Institute for Natural Resources to house the Independent Research and Science Team with an initial six-year agreement. At the end of the initial term, and for all periods thereafter, the department shall develop an agreement with a public body every six years to house and support the work of the IRST. The agreements shall align with Division 603 rules. As used in this rule, the term “public body” has the meaning provided in ORS 174.109.

(2) Every six years, the Board of Forestry shall consider the location of the IRST Housing Agency in alignment with performance audits per OAR 629-603-0100(5). As part of this review, the AMPC must submit a report to the board evaluating performance of the IRST Housing Agency. The AMPC report shall reflect all the views of the AMPC members and does not require a vote of the AMPC.

(3) The IRST will oversee the IRST Housing Agency’s work to:

(a) Help refine research questions and associated proposals per OAR 629-603-0200(4);

(b) Draft requests for proposals to address research projects per OAR 629-603-0200(6);

(d) Develop agreements for successful proposers of request for proposals per OAR 629-603-0200(6);

(e) Administer agreements mentioned in subsection (3)(d) of this rule per standard agreement processes for the Housing Agency per OAR 629-603-0200(6);

(f) As requested by the IRST, draft reports summarizing the results of funded research, per OAR 629-603-0200(6)(g);

(g) Provide administrative functions for the IRST including:

(A) Coordinate and host IRST meetings and ensure they adhere to Oregon Public Meetings Law;

(B) Draft and maintain the IRST charter per OAR 629-603-0400(2); and

(h) Provide other support duties as needed.

History

Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 34(1), Chapter 33, Oregon Laws 2022
DOF 5-2023, minor correction filed 07/01/2023, effective 07/01/2023
DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022

Or. Admin. R. 629-603-0500 Adaptive Management Program Coordinator

The State Forester will appoint an Adaptive Management Program Coordinator to serve as the program administrator. The Adaptive Management Program Coordinator will be a neutral facilitator whose primary function is to assist the program by:

(1) Facilitating communication between, and coordinating the work of, adaptive management program participants listed in OAR 629-603-0100(2);

(2) Reporting to the Board of Forestry on annual progress of adaptive management program pursuant to OAR 629-603-0100(4), in addition to appearances as needed to present AMPC reports and other adaptive management program work;

(3) Managing budgets for participation grants described in OAR 629-603-0160 for the AMPC and the IRST;

(4) Coordinating agreements for regular performance audits of the adaptive management program per OAR 629-603-0100(5); and

(5) Performing other duties as needed.

History

Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 34(1), Chapter 33, Oregon Laws 2022
DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022

Or. Admin. R. 629-603-0600 Rulemaking Topics

In addition to requirements specified in section 39, chapter 33, Oregon Laws 2022 and other law, the Board of Forestry may use the adaptive management program rulemaking process for rules that are not intended to achieve the biological goals and objectives.

(1) The board shall ensure that the use of the adaptive management process for issues unrelated to the biological goals and objectives does not impair the ability of the adaptive management program to address issues related to the biological goals and objectives.

(2) If the board directs the AMPC and the IRST to address issues unrelated to the biological goals and objectives, the IRST shall consult with experts in that non-aquatic research discipline to support IRST projects and reports.

History

Statutory/Other Authority: ORS 527.710 & Section 34(2), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 34(1), Chapter 33, Oregon Laws 2022
DOF 4-2022, adopt filed 11/09/2022, effective 11/15/2022

Division 605 PLANNING FOREST OPERATIONS

Or. Admin. R. 629-605-0100 Compliance

(1) The operator, landowner, or timber owner shall comply with the practices described in the forest practice statutes and rules unless approval has been obtained from the State Forester for a plan for an alternate practice which is designed to result in the same effect or to meet the same purpose or provide equal or better results as those practices described in statute or administrative rule.

(2) The State Forester may approve a plan for an alternate practice to waive or modify forest practice rules when:

(a) The State Forester determines that a federal or state agency, a college or university, or a private landowner has submitted an application to the State Forester for a bona fide research project involving activities not in accordance with the rules; or

(b) The State Forester determines that waiving or modifying a specific practice will result in less environmental damage than if the practice is applied; or

(c) After consulting with the Department of Fish and Wildlife or other responsible coordinating state agency, the State Forester determines that waiving or modifying a specific practice will improve soil, water quality, fish habitat, or wildlife habitat; or

(d) The State Forester determines that the alternate practice is necessary to provide for public safety or to accomplish a land use change.

(e) The State Forester determines that the alternate practice is necessary to establish a wildlife food plot, while providing overall maintenance of forest resources as described in ORS 527.710.

(3) When the State Forester’s approval does not follow the written recommendations of the Department of Fish and Wildlife or other responsible coordinating state agency, the State Forester shall maintain a written explanation of the reasons for approving the alternate practices.

(4) The State Forester may approve a plan for an alternate practice to waive or modify rules for resource sites identified in OAR 629-680-0100 (Threatened or Endangered Fish and Wildlife Species), 629-680-0200 (Sensitive Bird Nesting, Roosting and Watering Sites), 629-680-0300 (Significant Wetlands), or 629-680-0400 (Biological Sites) when:

(a) The county has an adopted program under OAR 660-016-0005 and 660-016-0010 that has evaluated the resource sites; and

(b) Applying the forest practice rules for the identified resource sites would regulate or prevent operations, or uses, allowed under the acknowledged county comprehensive plan.

History

Statutory/Other Authority: ORS 527.710, ORS 527.630(3), 527.714(1), 526.016(4) & 527.678(3)(a)
Statutes/Other Implemented: ORS 527.710, ORS 527.674 & 527.715
DOF 1-2020, amend filed 08/12/2020, effective 09/01/2020
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
DOF 2-2003, f. 6-19-03, cert. ef. 7-1-03
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0102
FB 7-1992, f. & cert. ef. 6-5-92
FB 2-1987, f. 5-4-87, ef. 8-1-87
FB 5-1978, f. & ef. 6-7-78
FB 31, f. 6-14-72, ef. 7-1-72

Or. Admin. R. 629-605-0105 Notice of Federal Endangered Species Act

Compliance with the forest practices rules does not substitute for or ensure compliance with the federal Endangered Species Act. Nothing in these rules imposes any state requirement to comply with the federal Endangered Species Act. Landowners and operators are advised that federal law prohibits a person from taking certain threatened or endangered species which are protected under the Endangered Species Act.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.710 & 527.715
DOF 2-2003, f. 6-19-03, cert. ef. 7-1-03

Or. Admin. R. 629-605-0110 Annual Review

The State Forester shall, at least once each year, meet with other state agencies concerned with the forest environment to review the Forest Practice Rules relative to sufficiency. The State Forester shall then report to the Board of Forestry a summary of such meeting or meetings together with recommendations for amendments to rules, new rules, or repeal of rules.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.721
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0104
FB 5-1978, f. & ef. 6-7-78
FB 31, f. 6-14-72, ef. 7-1-72

Or. Admin. R. 629-605-0120 Consultation

Department personnel shall consult with personnel of other state agencies concerned with the forest environment situations where expertise from such agencies is desirable or necessary.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.721
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0105
FB 5-1978, f. & ef. 6-7-78
FB 31, f. 6-14-72, ef. 7-1-72

Or. Admin. R. 629-605-0130 Compliance with the Rules and Regulations of the Department of Environmental Quality

Each operation, as defined by ORS 527.620, shall be conducted in full compliance with the rules and regulations of the Department of Environmental Quality relating to air and water pollution control. In addition to all other remedies, any violation thereof shall be subject to all remedies and sanctions available by law, rule, or regulation to the Department of Environmental Quality.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0106
FB 5-1978, f. & ef. 6-7-78
FB 31, f. 6-14-72, ef. 7-1-72

Or. Admin. R. 629-605-0140 Notification to the State Forester — Types of Operations

Under the provisions of ORS 527.670:

(1) Notification to the State Forester shall be given for the following types of operations:

(a) Harvesting of forest tree species including, but not limited to, felling, bucking, yarding, decking, loading or hauling.

(b) Construction, reconstruction and improvement of roads, including reconstruction or replacement of crossing structures on any streams.

(d) Application of chemicals.

(e) Clearing forestland for conversion to any non-forest use.

(f) Disposal or treatment of slash.

(g) Pre-commercial thinning.

(h) Cutting of firewood, when the firewood will be sold or used for barter.

(i) Surface mining.

(j) Establishing and ending the use of wildlife food plots.

(2) Notification to the State Forester shall not be required for the following types of activities, which may or may not be operations:

(a) The establishment, management or harvest of Christmas trees, as defined in ORS 571.505, on land used solely for the production of Christmas trees.

(b) Routine road maintenance, such as grading, ditch cleaning, culvert cleaning, cross drain installation that is not in a stream, or rocking.

(d) Cutting of firewood, when the firewood will not be sold or used for barter.

(e) Harvesting or collection of minor forest products, such as boughs, cones and hardwood burls.

(f) Road reconstruction of an emergency nature where delay for notification procedures presents a greater potential for resource damage than the operation. Within 48 hours after starting an emergency road reconstruction operation, the operator shall contact the State Forester and report the operation. When asked by the State Forester, the operator shall be able to demonstrate that an emergency actually existed.

(g) The establishment, management, or harvest of hardwood timber, including but not limited to hybrid cottonwood, that is:

(A) Grown on land that has been prepared by intensive cultivation methods and that is cleared of competing vegetation for at least three years after tree planting;

(B) Of a species marketable as fiber for inclusion in the furnish for manufacturing paper products;

(D) Subject to intensive agricultural practices such as fertilization, cultivation, irrigation, insect control and disease control.

(h) The establishment, management or harvest of trees actively farmed or cultured for the production of agricultural tree crops, including nuts, fruits, seeds and nursery stock.

(i) The establishment, management or harvest of ornamental, street, or park trees within an urbanized area, as that term is defined in ORS 221.010.

(j) The management or harvest of juniper species conducted in a unit of less than 120 contiguous acres within a single ownership.

(k) The establishment or management of trees intended to mitigate the effects of agricultural practices on the environment or fish and wildlife resources, such as trees that are established or managed for windbreaks, riparian filters or shade strips immediately adjacent to actively farmed lands.

(l) The development of an approved land use change after timber harvest activities have been completed and land use conversion activities have commenced.

(3) Exemption from notification of certain types of operations does not relieve the operator's responsibility for complying with the applicable forest practice rules.

History

Statutory/Other Authority: ORS 527.710, ORS 527.630(3), 527.714(1), 526.016(4) & 527.678(3)(a)
Statutes/Other Implemented: ORS 527.715
DOF 1-2020, amend filed 08/12/2020, effective 09/01/2020
DOF 6-2002, f. & cert. ef. 7-1-02
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0107
FB 2-1988, f. & cert. ef. 5-11-88
FB 5-1978, f. & ef. 6-7-78
FB 1-1978, f. & ef. 1-6-78
FB 43, f. 9-5-75, ef. 9-25-75
FB 41(Temp), f. 6-5-75, ef. 7-1-75
FB 33, f. 6-15-73, ef. 7-1-73
FB 31, f. 6-14-72, ef. 7-1-72

Or. Admin. R. 629-605-0150 Notification to the State Forester — When, Where and How

(1) The operator, landowner or timber owner shall notify the State Forester as required by ORS 527.670(6), at least 15 days before starting an operation.

(2) The State Forester may waive the 15-day waiting period required in section (1) of this rule, except as prohibited in ORS 527.670(9) for aerial applications of chemicals and 527.670(10) for operations requiring a written plan under 527.670(3)(a), (b) and (c). Waivers may be granted when the State Forester has already previewed the operation site or has otherwise determined the operation to have only minor potential for resource damage. Waivers shall be made in writing, and on an individual notification basis.

(3) Once an operation is actually started following proper notification of the State Forester, the operation may continue into the following calendar year without further notification under 527.670(6), provided:

(a) There are no changes to the information required on the notification;

(b) The operator gives written notice to the State Forester of their intent to continue the operation within the first two months of the following calendar year; and

(4) No notification is valid after the second calendar year, unless:

(a) The landowner or operator submits a written request to extend the notification before the end of the second calendar year;

(b) There are no changes to the information submitted on the original notification; and

(5) Notwithstanding sections (3) and (4) of this rule, nothing in this rule relieves an operator, landowner or timber owner of the responsibility to comply with ORS 477.625, requiring a permit to use fire or power-driven machinery; or ORS 321.550, requiring notification of intent to harvest provided to the Department of Revenue through the department for tax collection purposes.

(6) For the purposes of ORS 527.670 a notification will be considered received only when the information required by the State Forester is complete and the necessary forms are on file at the department district or unit office responsible for the area in which the operation will take place. Notifications not properly completed shall be promptly returned to the party submitting them. Properly completed notifications submitted to an incorrect department office will be forwarded to the correct office.

(7) Notifications required by ORS 527.670(6) shall be completed in detail, on forms provided by the State Forester. The notification shall include a map to scale, or aerial photograph that is corrected for distortion, on which the boundary of the operation unit is clearly marked. When more than one type of operation activity or more than one unit is submitted on a single notification, each operation unit shall be identifiable as to the type of operation activity, by legal subdivision, and drawn on a map to scale, aerial photograph corrected for distortion, or other appropriate means. Operations involving harvesting in more than one county may not be combined on the same notification because of tax collection requirements.

(8) When operations include the application of chemicals, properly completed notifications shall include the common name of the chemicals to be used; the brand name, if known at the time of notification; the application method; and, for fertilizers, the intended application rate per acre. Public information on allowable application rates of commonly applied forest chemicals will be maintained at department field offices. Additional information on chemical applications shall be collected and recorded by operators at the time of application, and made available upon request to the State Forester, pursuant to OAR 629-620-0600.

(9) The operator, landowner or timber owner, whichever filed the original notification, shall contact the State Forester and report any subsequent change to information contained in the notification. Additions to the geographic location, however, shall require a separate notification.

(10) The operator who filed a notification pursuant to ORS 527.670(6), shall inform the State Forester of the completion of each activity identified in the notification of operation under the following conditions:

(a) When there is an active operation, inform the State Forester of the completion of the activity by the end of the calendar year of the notification; or

(b) If the original notification is continued into the following calendar year, the requirement in section (10)(a) does not apply until end of the calendar year of the continued notification.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, Section 2(2), Chapter 33, Oregon Laws 2022 & Section 44(2)(a), Chapter 33, Oregon Laws
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
DOF 6-2002, f. & cert. ef. 7-1-02
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0108
FB 2-1988, f. & cert. ef. 5-11-88
FB 5-1978, f. 6-7-78
FB 33, f. 6-15-73, ef. 7-1-73
FB 31, f. 6-14-72, ef. 7-1-72

Or. Admin. R. 629-605-0160 Forest Practices Regions

The state is divided into three regions to better achieve the purposes of the forest practice rules. These regions are:

(1) Eastern Oregon Region Boundary: All land east of the summit of the Oregon Cascade Range as described by the following boundary: Beginning at a point on the Columbia River near the junction of Interstate 84 and State Highway 35, thence southerly along State Highway 35 to the north line of Section 5, T2S-R10E; thence east to the NE corner Section 5; thence southeasterly approximately 1.5 miles to a point of intersection with Forest Road No. 1720 in Section 9, T2S-R10E; thence easterly along said road and along Forest Road No. 44 to the east line of Section 12, T2S-R10E; thence southerly along the western boundaries of Wasco, Jefferson, Deschutes, and Klamath Counties to the southern boundary of Oregon.

(2) Northwest Oregon Region Boundary: All land west of the summit of the Oregon Cascade range as described in the Eastern Oregon Region Boundary, north of the south boundary of Lane County.

(3) Southwest Oregon Region Boundary: All land west of the summit of the Cascade Range as described in the Eastern Oregon Region Boundary; south of the south boundary of Lane County.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.640
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0112
FB 5-1994, f. 12-23-94, cert. ef. 1-1-95
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94
FB 10-1982, f. & ef. 10-21-82

Or. Admin. R. 629-605-0170 Written Plans

(1) Definition of “Directly Affect” and “Physical Components” For the purpose of section (4) of this rule:

(a) “Physical components” means materials such as, but not limited to, vegetation, snags, rocks and soil; and

(b) “Directly affect” means that physical components will be moved, disturbed, or otherwise altered by the operation.

(2) Statutory Written Plans for Operations near Type F, Type SSBT and Type D Streams. An operator must submit to the State Forester a written plan as required by ORS 527.670(3) before conducting an operation that requires notification under OAR 629-605-0140, and that is within 100 feet of a Type F, Type SSBT or Type D stream.

(3) Statutory Written Plans for Operations near Wetlands larger than Eight Acres, Bogs or Important Springs in Eastern Oregon. An operator must submit to the State Forester a written plan as required by ORS 527.670(3) before conducting an operation that requires notification under OAR 629-605-0140, and that is within 100 feet of a significant wetland that is a wetland larger than eight acres (not an estuary), a bog, or an important spring in Eastern Oregon as identified in 629-645-0000 (Riparian Management Areas and Protection Measures for Significant Wetlands).

(4) Waiver of Statutory Written Plans. The State Forester may waive, in writing, the requirement for a written plan described in sections (2) and (3) unless the operation activity will directly affect the physical components of the riparian management area for Type F, Type SSBT, Type D streams or significant wetlands. The department shall publish Forest Practices Technical Guidance to explain how to implement this rule.

(5) Statutory Written Plans for Operations near Wildlife Sites and Estuaries. An operator must submit to the State Forester a written plan as required by ORS 527.670(3) before conducting an operation that requires notification under OAR 629-605-0140, and that is within 300 feet of any:

(a) Specific site involving threatened or endangered wildlife species, or sensitive bird nesting, roosting, or watering sites; as listed by approximate legal description, in a document published by the Department of Forestry titled "Cooperative Agreement Between the Board of Forestry and the Fish and Wildlife Commission, March 28, 1984."

(b) Resource site identified in OAR 629-665-0100 (Species Using Sensitive Bird Nesting, Roosting and Watering Sites), 629-665-0200 (Resource Sites Used By Threatened and Endangered Species).

(c) Significant wetland that is classified as an estuary identified in OAR 629-645-0000 (Riparian Management Areas and Protection Measures for Significant Wetlands).

(d) Nesting or roosting site of threatened or endangered species listed by the U.S. Fish and Wildlife Service or by the Oregon Fish and Wildlife Commission by administrative rule.

(6) Statutory Written Plans and Stewardship Agreements. The written plan requirements in section (2), (3) and (5) of this rule do not apply to operations that will be conducted pursuant to a stewardship agreement entered into under ORS 541.973.

(7) Statutory Written Plan Requirements and Notification of Protected Resource Sites. The State Forester shall notify the operator of the presence of any site listed in section (2), (3) or (5) of this rule at any time the State Forester determines the presence of those sites.

(8) The State Forester shall notify the operator that a written plan is required if:

(a) The operation will be within 100 feet of any sites listed in sections (2) or (3) of this rule and the operation will directly affect the physical components of a riparian management area associated with any of those sites; or

(b) The operation will be within 300 feet of any site listed in section (5) of this rule.

(9) Statutory Written Plan Hearing Provisions. Written plans required under sections (2), (3) or (5) of this rule shall be subject to the hearings provisions of ORS 527.700 (Appeals from orders of State Forester hearings procedure; stay of operation); and shall be subject to the provisions of 527.670(8) through (12) (Commencement of operations; when notice and written plan required; appeal of plan) prescribing certain waiting periods and procedures.

(10) Non-Statutory Written Plans.

(a) An operator must submit a written plan as required by ORS 527.670(2) and the rules listed below unless the State Forester waives the written plan requirement. Written plans required by the rules listed below are not subject to the provisions of ORS 527.700(3) or ORS 527.670(10), (11) and (12).

(A) 629-605-0190(1) — Operating near or within sites that are listed in the "Cooperative Agreement Between the Board of Forestry and the Fish and Wildlife Commission, March 28, 1984" or sites designated by the State Forester;

(B) 629-605-0190(2) — Operating near or within habitat sites of any wildlife or aquatic species classified by the Department of Fish and Wildlife as threatened or endangered;

(C) 629-623-0700(1) — Conducting timber harvesting or road construction operations with intermediate or substantial downslope public safety risk;

(D) 629-623-0700(2) — Constructing a stream crossing fill over a debris torrent-prone stream with intermediate or substantial downslope public safety risk;

(E) 629-623-0700(3) — Locating a waste-fill area within a drainage containing debris torrent-prone streams with intermediate or substantial downslope public safety risk;

(F) 629-630-0700(3)(d) Cable yarding across streams classified as medium or large Type Np;

(G) 629-630-0915(2) Harvesting timber where yarding will occur within stream adjacent failures identified upslope of the Type F or Type SSBT stream riparian management area.

(H) 629-630-0920(8) Harvesting timber where yarding will occur within stream adjacent failures identified upslope of the Type F or Type SSBT stream riparian management area.

(I) 629-650-0005 — Operating within 100 feet of a large lake;

(J) 629-665-0020(2) — Operating near a resource site requiring special protection; and

(K) 629-665-0210(1) — Operating near a Northern Spotted Owl resource site.

(b) An operator must submit a written plan as required by ORS 527.670(2) and the rules listed below and the State Forester shall not waive the written plan requirement. Written plans required by the rules listed below are not subject to the provisions of ORS 527.700(3) or ORS 527.670(10), (11) and (12).

(A) 629-625-0100(2)(a) — Activities creating risks identified in 629-625-0100(2)(a) outside of 100 feet of Type F, Type SSBT, Type D streams and Significant Wetlands or creating risks identified in 629-625-0100(2)(a) to other Waters of the State;

(B) 629-625-0100(2) — Conducting machine activity in Type N streams or lakes;

(D) 629-625-0100(2)(d) — Constructing or reconstructing any crossings of Waters of the State excluding Type F, Type SSBT, or Type D streams or Significant Wetlands;

(E) 629-625-0100(2)(e) — Activities in a critical location outside of 100 feet of Type F, Type SSBT, Type D streams, or Significant Wetlands;

(F) 629-625-0100(4) — Placing woody debris or boulders in Type N stream channels for stream enhancement;

(G) 629-625-0320(1)(b)(B) — Constructing or reconstructing any water crossing with fill over 15 feet deep in any Type N stream, wetland that does not meet the definition of significant wetland, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, or canals;

(H) 629-625-0410(5) — Temporary placement of fill within the RMA of any Type N stream, wetland that does not meet the definition of Significant Wetland, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, inlets, or canals;

(I) 629-630-0905(4) — Harvesting timber in a unit that contains designated debris flow traversal areas;

(J) 629-630-0910(6) — Harvesting timber in a unit that contains designated sediment source areas and slope retention areas; and

(K) 629-630-0920(4) — Harvesting timber in a unit that contains designated debris flow traversal areas.

(11) If an operator, timber owner or landowner is required to submit a written plan to the State Forester under section (10) of this rule:

(a) The State Forester shall review the written plan and may provide comments to the person who submitted the written plan;

(b) Provided that notice has been given as required by ORS 527.670 and OAR 629-605-0150, the operation may commence on the date the State Forester provides comments. If no comments are provided the operation may commence at any time after 14 calendar days following the date the written plan was received;

(c) Comments provided by the State Forester under subsection (a) of this section, to the person who submitted the written plan are for the sole purpose of providing advice to the operator, timber owner or landowner regarding whether the operation described in the written plan is likely to comply with ORS 527.610 to 527.770 and rules adopted thereunder. Comments provided by the State Forester do not constitute an approval of the written plan or operation;

(d) If the State Forester does not comment on a written plan, the failure to comment does not mean an operation carried out in conformance with the written plan complies with ORS 527.610 to 527.770 or rules adopted thereunder nor does the failure to comment constitute a rejection of the written plan or operation;

(e) In the event that the State Forester determines that an enforcement action may be appropriate concerning the compliance of a particular operation with ORS 527.610 to 527.770 or rules adopted thereunder, the State Forester shall consider, but is not bound by, comments that the State Forester provided under this section.

(12) Written Plan Content. Written plans required under OAR 629-605-0170 must contain a description of how the operation is planned to be conducted in sufficient detail to allow the State Forester to evaluate and comment on the likelihood that the operation will comply with the Forest Practices Act or administrative rules.

(13) Written plans required under OAR 629-605-0170 will be considered received when complete with the following information:

(a) A map showing protected resource(s) and the harvest area; and

(b) The specific resource(s) that require protection; and

(c) The practices that may affect the protected resource(s) such as road and landing location, disposal of waste materials, felling and bucking and post operation stabilization measures; and

(d) The specific techniques and methods employed for resource protection such as road and landing design, road construction techniques, drainage systems, buffer strips, yarding system and layout; and

(e) Additional written plan content required in individual rules.

(14) In addition to the other requirements in this rule, written plans for operations within 100 feet of domestic water use portions of Type F, Type SSBT or Type D streams must contain a description of the practices and methods that will be used to prevent sediment from entering waters of the state.

(15) Modification of a written plan shall be required when, based on information that was not available or was unknown at the time the original written plan was reviewed, the State Forester determines the written plan no longer addresses compliance with applicable forest practice rules. Written plans with modifications required under this section shall not be subject to the provisions of ORS 527.670(10) and (11) relating to waiting periods for written plans.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.670 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 15-2023, minor correction filed 07/03/2023, effective 07/03/2023
DOF 14-2023, amend filed 07/01/2023, effective 07/01/2023
DOF 5-2022, amend filed 11/09/2022, effective 07/01/2023
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0113
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94
FB 7-1991, f. & cert. ef. 10-30-91
FB 4-1990, f. & cert. ef. 7-25-90
FB 4-1988, f. 7-27-88, cert. ef. 9-1-88
FB 3-1985, f. & ef. 6-11-85
FB 3-1983, f. & ef. 9-13-83

Or. Admin. R. 629-605-0173 Plans for an Alternate Practice

(1) Operators must obtain written approval of a plan for an alternate practice from the State Forester before conducting forest practices utilizing protection standards or methods different than those specified in rule or statute.

(2) Plans for an alternate practice must include sufficient information to allow the State Forester to assess the plan to determine that the practices described in the plan will yield results consistent with ORS 527.610 to 527.770 and administrative rules adopted thereunder.

(3) Plans for alternate practices proposed as part of a written plan required by ORS 527.670(3) shall be subject to the hearings provisions of 527.700(3) (Appeals from orders of State Forester hearings procedure; stay of operation); and shall be subject to the provisions of 527.670(10), (11) and (12) (Commencement of operations; when notice and written plan required; appeal of plan) prescribing certain waiting periods and procedures.

(4) An operator must comply with all provisions of an approved plan for an alternate practice.

(5) The following rules require an operator to submit a plan for an alternate practice and obtain approval from the State Forester of the plan before starting the specified practice or operation:

(a) 629-605-0100(2)(a) — Waiving or modifying the rules or statutes for a bona fide research project conducted by a federal or state agency, a college or university, or a private landowner;

(b) 629-605-0100(2)(b) — Waiving or modifying a specific practice when doing so will result in less environmental damage than if the practice is applied;

(c) 629-605-0100(2)(c) — Waiving or modifying a specific practice when doing so will improve soil, water quality, fish habitat, or wildlife habitat;

(d) 629-605-0100(2)(d) — Waiving or modifying rules to provide for public safety or to accomplish a land use change;

(e) 629-605-0100(4) — Waiving or modifying rules for resource sites when a county has an adopted program under OAR 660-016-0005 and OAR 660-016-0010 that has evaluated the resource sites;

(f) 629-605-0173(1) — Conducting forest practices utilizing protection standards or methods different than those specified in rule or statute;

(g) 629-605-0175(2) — Conducting operations that result in a single harvest type 3 unit, or combinations of harvest type 3 units, that exceed the contiguous 120 acre limit on a single ownership;

(h) 629-605-0175(7) — Waiving the harvest type 3 acreage limitations for conversions or disasters described in ORS 527.740(4);

(i) 629-605-0180(3) — Describing reasonable measures to resolve conflicts between an operation and protection of a resource site requiring a written plan under OAR 629-605-0170(5)(a) or (d);

(j) 629-605-0500 — Modifying the protection requirements for streams, lakes, wetlands and riparian management areas for reasons of forest health or because of hazards to public safety or property;

(k) 629-610-0020(3) — Waiving or modifying the reforestation requirements following a stand improvement operation where the residual stand conditions will result in enhanced long-term tree growth;

(l) 629-610-0020(10) — Modifying or waiving reforestation stocking levels if the purposes of the reforestation rules will be achieved or for a research project conducted by a public agency or educational institution;

(m) 629-610-0030(3) — Utilizing natural reforestation methods when an operation results in a reforestation requirement;

(n) 629-610-0040(3) — Extending the time allowed for reforestation when natural reforestation methods are utilized;

(o) 629-610-0050(2) — Counting hardwoods to meet more than 20% of the applicable stocking standards when an operation results in a reforestation requirement;

(p) 629-610-0060(1) — Counting non-native tree species to meet the applicable stocking standards when an operation results in a reforestation requirement;

(q) 629-610-0070(1) — Suspending the reforestation rules for the salvage or conversion of low value forest stands when participating in a forest incentive program;

(r) 629-610-0090(1) — Exempting the reforestation requirements for the purpose of developing forestland for a use that is not compatible with the maintenance of forest tree cover;

(s) 629-610-0100(5) — Waiving or modifying the reforestation requirements for the purposes of establishing a wildlife food plot.

(t) 629-615-0300(5) — Modifying the protection requirements for riparian areas, aquatic areas and wetlands when the need for prescribed burning outweighs the benefits of protecting components required to be left;

(u) 629-620-0400(7)(d) — Modifying the protection requirements for aerial application of fungicides or nonbiological insecticides;

(v) 629-625-0320(3) — Modifying the culvert sizing requirements of 629-625-320(2)(a) to reduce the height of fills where roads cross wide flood plains;

(w) 629-643-0100(8) — Modifying the vegetation retention requirements in the riparian management area along Type F and Type SSBT streams in Western Oregon to allow the removal of trees upslope of roads which pose a safety hazard;

(x) 629-643-0105(10) — Modifying the vegetation retention requirements in the riparian management area along Type N streams in Western Oregon to allow the removal of trees upslope of roads which pose a safety hazard;

(y) 629-643-0120(8) — Modifying the vegetation retention requirements in the riparian management area along Type F and Type SSBT streams in Eastern Oregon to allow the removal of trees upslope of roads which pose a safety hazard;

(z) 629-643-0125(8) — Modifying the vegetation retention requirements in the riparian management are along Type N streams in Eastern Oregon to allow the removal of trees upslope of roads which pose a safety hazard;

(aa) 629-643-0400(3) — Utilizing site specific vegetation retention prescriptions for streams and riparian management areas;

(bb) 629-645-0020(1) — Utilizing site specific vegetation retention prescriptions for significant wetlands;

(cc) 629-645-0050(3) — Modifying the vegetation retention requirements for significant wetlands for reasons of forest health;

(dd) 629-650-0040(3) — Modifying the vegetation retention requirements for lakes for reasons of forest health;

(ee) 629-665-0020(1)(b)(C) — Structural or temporal exceptions when proposed forest practices conflict with a resource site;

(ff) 629-665-0110(3) — Structural replacement of an osprey site;

(gg) 629-665-0110(4) — Temporal exceptions near an osprey site;

(hh) 629-665-0120(3) — Structural exceptions of a great blue heron site;

(ii) 629-665-0120(5) — Temporal exceptions near a great blue heron site.

History

Statutory/Other Authority: ORS 527.710, 527.630(3), 527.714(1), 526.016(4) & 527.678(3)(a)
Statutes/Other Implemented: ORS 527.670(10)-(12), 527.700(2), (5), (6), (8) & (9)
DOF 12-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 14-2023, amend filed 07/01/2023, effective 07/01/2023
DOF 1-2020, amend filed 08/12/2020, effective 09/01/2020
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06

Or. Admin. R. 629-605-0175 Harvest Type 3 Units Exceeding 120 Acres

(1) The purpose of this rule is to describe the process that operators shall follow to gain approval of a plan for an alternate practice for a harvest type 3 unit that is between 120 and 240 acres in size.

(2) Operators must obtain written approval of a plan for an alternate practice from the State Forester before conducting operations that result in a single harvest type 3 unit, or combinations of harvest type 3 units, that exceed the contiguous 120 acre limit on a single ownership.

(3) For each unit on which a harvest type 3 is proposed to exceed the contiguous 120 acre limit, the plan for an alternate practice shall:

(a) Describe the planned harvest including, but not limited to, the elements of a written plan listed in OAR 629-605-0170;

(b) Include a detailed map of the planned harvest that shows the specific unit boundaries; and

(c) Demonstrate that the larger harvest size will result in increased protection of, or reduced adverse impact on, any or all of the resources and values protected by the Oregon Forest Practices Act. For the purposes of this rule, resources and values includes:

(A) Air quality, water resources, soil productivity, and fish and wildlife resources as described in ORS 527.710(2);

(B) The resource sites needing protection as listed in ORS 527.710(3);

(D) Public safety related to landslides.

(4) The State Forester shall review the operator’s compliance with the Oregon Forest Practices Act and deny approval of the plan for an alternate practice submitted under this rule when the operator has:

(a) Received citations for violating a forest practice rule or statute within the past year; or

(b) Failed to comply with an order to cease further violation, an order to repair damage, or an order to correct an unsatisfactory condition under ORS 527.680(2).

(5) Plans for an alternate practice submitted under this rule shall not be subject to appeal under ORS 527.700(3).

(6) Single harvest type 3 units or combinations of harvest type 3 units may not exceed 240 contiguous acres on a single ownership, except when the units have been reforested as described in ORS 527.750(1)(a), (b) and (c).

(7) The harvest type 3 acreage limitations do not apply for conversions or disasters described in ORS 527.740(4) when the operator obtains approval from the State Forester of a plan for an alternate practice before conducting operations.

History

Statutory/Other Authority: ORS 527.710, 526.016(4), 527.714 & 527.715
Statutes/Other Implemented: ORS 527.750(5), 527.765, 527.710(3)(a)(D) & 527.670(8)
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
DOF 6-2002, f. & cert. ef. 7-1-02

Or. Admin. R. 629-605-0180 Interim Process for Protecting Sensitive Resource Sites Requiring Written Plans

Protection practices for sites requiring written plans under OAR 629-605-0170(5)(a) or (d) shall be determined for each site as follows:

(1) The State Forester shall notify the operator and landowner of the presence of a site requiring a written plan, and request their input into the decision making process.

(2) The State Forester shall, when practical, inspect the proposed operation with the landowner or landowner's representative, the operator, and the appropriate representative of the Department of Fish and Wildlife. The State Forester shall then determine if the proposed forest practice is in conflict with the protection of the sensitive resource site.

(3) If planned forest practices are determined to conflict with protection of the sensitive resource site, the written plan must describe reasonable measures sufficient to resolve the conflict in favor of the resource site. Reasonable measures to resolve the conflict in favor of the resource site may include but are not limited to preparing and implementing a habitat management plan, obtaining approval of a plan for an alternate practice, limiting the timing of forest practices, redesigning the proposed practices in favor of site protection and excluding the forest activities outright.

(4) If planned forest practices are determined not to conflict with protection of the sensitive resource site, the written plan shall describe how the operation will be conducted in compliance with existing forest practice rules. No additional protection measures shall be required.

History

Statutory/Other Authority: ORS 527.710, 526.016(4), 527.714 & 527.715
Statutes/Other Implemented: ORS 527.750(5), 527.765, 527.710(3)(a)(D) & 527.670(8)
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0118
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94
FB 4-1988, f. 7-27-88, cert. ef. 9-1-88

Or. Admin. R. 629-605-0190 Written Plans for Operations Near Critical, Threatened, or Endangered Wildlife Habitat Sites

Operators must submit a written plan to the State Forester before operating near or within:

(1) Critical wildlife or aquatic habitat sites that are listed in a 1984 cooperative agreement between the Board of Forestry and the Fish and Wildlife Commission or sites designated by the State Forester; or

(2) Habitat sites of any wildlife or aquatic species classified by the Department of Fish and Wildlife as threatened or endangered.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.710
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-605-0200 Compliance with Statutory Requirements

(1) In addition to all other requirements of administrative rule promulgated under the Forest Practices Act, operators, landowners and timber owners who conduct forest operations shall comply with the requirements in:

(a) ORS 527.740 (Harvest type 3 unit limitations);

(b) ORS 527.750 (Exceeding harvest type 3 size limitations);

(d) ORS 527.676 (Live and dead wood retention in harvest type 2 and 3 units greater than 25 acres).

(2) Failure to comply with requirements in section (1) of this rule may be subject to any of the enforcement mechanisms provided in the Oregon Forest Practices Act under ORS 527.680, 527.690, 527.990 or 527.992.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0120
FB 5-1994, f. 12-23-94, cert. ef. 1-1-95
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94
FB 5-1992, f. & cert. ef. 5-8-92
FB 2-1992(Temp), f. & cert. ef. 1-9-92

Or. Admin. R. 629-605-0210 Harvest Type 3 Units within Single Ownerships

(1) For the purposes of ORS 527.740 and this rule, “single ownership” as defined in 527.620, shall be interpreted broadly to prohibit manipulation of ownership entities or property transfers intended to avoid the provisions of 527.740, restricting the size of harvest type 3 units, as defined by 527.620. “Single ownership” shall not be interpreted to restrict lawful operations on bona fide separate ownerships.

(2) Nothing in ORS 527.740 is intended to restrict the location of a harvest type 3 unit or harvest type 3 unit acreage of one landowner based on the harvest type 3 unit of a wholly separate ownership.

History

Statutory/Other Authority: ORS 527.7210
Statutes/Other Implemented: ORS 527.715
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0121
FB 1-1993, f. & cert. ef. 1-7-93

Or. Admin. R. 629-605-0220 Judicial Determinations of Rule Validity

It is the intent of the Board that if any section of a rule is declared invalid or is remanded by the Court of Appeals under ORS 183.400, the remaining sections of the rule will remain valid.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-605-0400 Forest Activity Safety

Compliance with worker safety regulations is essential for ensuring the safety of operators and their employees. Regulation of forest practices must be achieved in a manner which allows operators to comply with applicable federal and state safety requirements. In administering the forest practice rules to meet the resource protection goals, especially requirements related to working near snags, residual green trees and unstable material, the State Forester shall use appropriate discretion.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.710
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-0010

Or. Admin. R. 629-605-0500 Modification of Requirements for Forest Health and Public Safety

Protection requirements for streams, lakes, wetlands and riparian management areas may be modified by approval of a plan for an alternate practice by the State Forester for reasons of forest health or because of hazards to public safety or property. Hazards to public safety or property include hazards to river navigation and hazards to improvements such as roads, bridges, culverts, or buildings. Forest health concerns include fire, insect infestations, disease epidemics, or other catastrophic events not otherwise addressed in OAR 629-643-0300. Such modifications of protection requirements should prevent, reduce or alleviate the forest health conflict or hazard while meeting the intent of the protection goals as much as possible.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.674 & 527.710
DOF 3-2025, minor correction filed 11/13/2025, effective 11/13/2025
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2040

Division 607 SMALL FORESTLAND OWNER

Or. Admin. R. 629-607-0000 Purpose and Goals

(1) OAR 629-607-0000 through 629-607-0800 shall be known as the small forestland owner rules.

(2) Small forestland owners play a vital and distinct role from industrial forestland owners to manage and conserve Oregon’s private forests. Small forestland owners often differ from large owners as to management goals and financial resources, and they also own a disproportionate share of lowland fish and wildlife habitat .

(3) Goals for this division include helping small forestland owners:

(a) Comply with the Forest Practices Act and rules;

(b) Meet the biological goals and objectives for aquatic resources;

(d) Implement minimum options;

(e) Use the forest conservation tax credit;

(f) Seek funding under the Small Forestland Investment in Stream Habitat program;

(g) Minimize the number of land-use conversions of timberlands to other uses; and

(h) Receive financial and educational support to encourage small forestland owners to follow the standard harvest and road management rules.

(4) The State Forester shall create a Small Forestland Owner Assistance Office, pursuant to section 19, chapter 33, Oregon Laws 2022. This office shall:

(a) Provide supporting services, including but not limited to:

(A) Verify landowner eligibility;

(B) Education, training, and outreach;

(C) Help small forestland owners with road condition assessments in OAR 629-625-0920 and written plans under ORS 527.670(10) and OAR 629-605-0170;

(D) Tracking, recording, reporting, and monitoring; and

(E) Regulatory and technical assistance.

(b) Manage the Small Forestland Investment in Stream Habitat Program Fund;

(d) Manage fifth-field watershed calculations, and communicate status, limits, and availability over a one-year planning period (OAR 629-643-0140(4)); and

(e) Coordinate outreach efforts with agencies and partner organizations, including the Partnership for Forestry Education, to inform small forestland owners on the Small Forestland Investment in Stream Habitat Program, road condition assessments, the forest conservation tax credit, and other programs administered by the Small Forestland Owner Assistance Office.

History

Statutory/Other Authority: ORS 527.710, Section 17(1), Chapter 33, Oregon Laws 2022, Section 20, Chapter 33, Oregon Laws 2022 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon Laws 2022, Section 16(5), Chapter 33, Oregon Laws 2022 & Section 19(3), Chapter 33, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-607-0100 Small Forestland Owner Alternatives

(1) Forest practice rules apply to small forestland owners unless addressed directly or by reference in the rules.

(2) Resource protection standards may have a disproportionate economic or operational impact on small forestland owner parcels or highly encumber harvest operations. The State Forester shall provide:

(a) Small forestland owner minimum options:

(A) Along riparian management areas as described in OAR 629-643-0140, 629-643-0141, 629-643-0142, 629-643-0143, and 629-643-0145;

(B) Along fish streams with stream adjacent failures as described in OAR 629-630-0920;

(D) On steep slopes with designated debris flow traversal areas as described in OAR 629-630-0920;

(b) An exemption from the requirements of the Forest Road Inventory and Assessment program described in OAR 629-625-0920; and

(3) For small forestland owner parcels that are significantly disproportionately impacted as defined in OAR 629-600-0100, the State Forester shall:

(a) Exempt the small forestland owner from the watershed cap described in OAR 629-643-0140; and

(b) Allow the small forestland owner to count all trees retained in the riparian management areas described in OARs 629-643-0141, 629-643-0142 and 629-643-0143, towards the wildlife leave tree retention requirements described in ORS 527.676.

History

Statutory/Other Authority: ORS 527.710, Section 2(1), Chapter 33, Oregon Laws 2022 & Section 20, Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon Laws 2022 & Section 16(5), Chapter 33, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-607-0200 Program Participation

(1) Small forestland owners intending to implement minimum options as described in OAR 629-607-0100, exclusively available to small forestland owners, shall do the following:

(a) Notify the State Forester of intent by submitting a notification of operations and certify that they meet the definition of a small forestland owner in OAR 629-600-0100.

(b) Provide, at the request of the State Forester, additional information including but not limited to:

(A) Documentation of full land ownership or partial ownership, which affirms total ownership of forestland of less than 5,000 acres in Oregon;

(B) Records of harvests of board feet of merchantable forest products harvested from the Oregon owned forestlands removed in the last three years; and

(C) A statement of affirmation that the landowner does not expect to exceed an average yearly volume of 2 million board feet of merchantable forest products from the Oregon owned lands for the next 10 years, following the time of notification.

(c) At the discretion of the State Forester, the department may deem a landowner to qualify as a small forestland owner and allow that landowner access to options and incentives of the program even if they have an exceedance of harvest volumes in (1)(b)(B) or (1)(b)(C), if the small forest landowner provides documentation of a need for the funds to:

(A) Pay estate taxes;

(B) Pay for a court ordered judgment;

(D) For a compelling or unexpected obligation.

(2) Small forestland owners wishing to access the incentives or minimum management options specifically afforded to them may register as a small forestland owner or complete a road condition assessment (OAR 629-625-0920) at any time prior to conducting a forest operation and may do so through the notification process or through other means as provided by the department.

(3) If a small forestland owner indicates intent to exercise a standard practice in lieu of the small forestland owner minimum option, they must receive notice from the department within the 15-day waiting period if the tax credit is not available in the current tax year.

(4) Small forestland owners that implement provisions specifically afforded to them as minimum management options or participate in an incentive program administered by the Small Forestland Owner Assistance Office, shall allow access to the department, or extension of the department, for project implementation inspections, rule compliance, and effectiveness monitoring.

History

Statutory/Other Authority: ORS 527.710, Section 2(1), Chapter 33, Oregon Laws 2022 & Section 20, Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon Laws 2022 & Section 16(5), Chapter 33, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-607-0250 Notification Requirements

(1) Small forestland owners as defined in OAR 629-607-0200 shall submit:

(a) A notification of operation not less than 15 days prior to the expected start date of the operation; and

(b) Include other required information not less than 15 days prior to the expected start date of the operation as otherwise required in OAR 629-605-0150.

(2) If the State Forester requests additional documentation, the small forestland owner shall provide the requested information for review before the notification will be considered complete.

(3) At the time of notification, small forestland owners conducting operations around or adjacent to protected streams and associated riparian management areas shall indicate their intention of implementing:

(a) The standard practice;

(b) The small forestland owner minimum option;

(d) An option exclusively available for significantly disproportionately impacted parcels, as described in OAR 629-607-0100.

(4) Small forestland owners exercising a small forestland owner minimum option shall submit a written plan with the notification consistent with the requirements in OAR 629-605-0170, and which also includes the following information:

(a) Classification of the applicable stream;

(b) Accounts for the horizontal lineal feet of riparian area adjacent to, or inside the operation area; and

(5) Small forestland owners shall submit a road condition assessment when filing a notification, in lieu of the forest road inventory and assessment (OAR 629-625-0920), for operations that result in using a road to haul timber. The road condition assessment shall include all roads in the parcel, defined in OAR 629-600-0100, where the harvest is planned. Notifications for operations not resulting in timber hauling do not require a road condition assessment to be completed.

(6) Small forestland owners intending to exercise an option exclusively available for significantly disproportionately impacted parcels, as described in OAR 629-607-0100, must submit for approval a forest management plan demonstrating the parcel is "significanlty disproportionately impacted" as defined in OAR 629-600-0100.

(7) The State Forester must review the small forestland owner notification during the 15-day waiting period. The department will provide notice to the small forestland owner if:

(a) Additional information is required from the small forestland owner;

(b) The small forestland owner preferred minimum option is not available; or

(8) Upon completion of an operation, a small forestland owner shall provide notice and reportable details consistent with requirements in OAR 629-605-0150. Notification to State Forester - When, Where and How; OAR 629-605-0170 Statutory Written Plans; OAR 629-605-0140 Notification to the State Forester - Types of Operation. If a small forestland owner conducts a timber harvest under the provisions of OAR 629-643-0140(4) Small Forestland Owner Minimum Option Vegetation Retention Prescription Requirements, they must report to the State Forester within 90 days.

History

Statutory/Other Authority: ORS 527.710, Section 2(1), Chapter 33, Oregon Laws 2022 & Section 20, Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon Laws 2022 & Section 16(5), Chapter 33, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-607-0300 Small Forestland Investment in Stream Habitat Program

(1) The department shall establish the Small Forestland Investment in Stream Habitat (SFISH) Program Fund as a grant program to fund projects on small forestland owner lands. The Small Forestland Owner Assistance Office shall manage the SFISH Program in consultation with the Department of Fish and Wildlife.

(2) The SFISH Program shall make funding available to qualified small forestland owners for the purposes of improving fish habitat on their forestlands for the following projects:

(a) Replace fish stream water crossing structures, not bridges, mostly culverts that are no longer functioning, or still functioning but not designed consistent with requirements of OAR 629-625-0320;

(b) Repair abandoned roads; or

(c) Reconstruct, vacate, or relocate roads with a perched fill that present a significant hazard to fish-bearing streams. Not more that 10 percent of available SFISH funds may be used for perched fill remediation projects in any year.

(3) To be eligible for the SFISH Program, in addition to a landowner meeting the definition of a small forestland owner in OAR 629-600-0100, the small forestland owner must provide the following information:

(a) Documentation showing that no more than an average yearly volume of two million board feet of merchantable forest products has been harvested from the landowner’s forestland in the state of Oregon when averaged over a three-year period prior to the date the Small Forestland Owner Assistance Office receives the grant application;

(b) A statement of affirmation to the Small Forestland Owner Assistance Office that the landowner does not expect to exceed an average yearly volume of two million board feet of merchantable forest products to be harvested from the landowner’s forestland in Oregon during the 10 years following the date the Small Forestland Owner Assistance Office awards grant-funds, and

(c) A road condition assessment containing the information detailed in OAR 629-625-0920, that includes an assessment of all roads, abandoned roads, culverts, and fish passage barriers located on the parcel of land, as defined in OAR 629-600-0100, on which a grant-funded SFISH project may occur.

(4) The SFISH Program shall optimize state funding by prioritizing funding for site locations determined to have a high conservation value. Examples of high conservation value sites will include but are not limited to:

(a) Areas of known chronic sedimentation;

(b) Fish passage barriers;

(d) Areas of known hydrologic connectivity; or

(e) Roads with a perched fill posing a significant hazard to fish-bearing streams.

(5) The SFISH Program will consider the greatest resource benefit, and prioritize funding projects which best address the following:

(a) Removal of fish passage barriers consistent with Department of Fish and Wildlife requirements under ORS 509.585 and OAR 635-412-0015, as implemented through the forest practice rules;

(b) Minimize the potential for sediment delivery to waters of the state;

(d) Minimize hydrologic connectivity between roads and waters of the state;

(e) Remove perched fill that presents a significant hazard to fish-bearing streams through reconstruction, relocation, or vacating; or

(f) Length of time that the grant has been submitted and under consideration for funding; or

(g) Meet high-value conservation objectives as determined by the department in consultation with other state and federal agencies.

(6) The Small Forestland Owner Assistance Office in coordination with the Department of Fish and Wildlife, will prioritize funding for the following projects on high conservation value sites:

(a) Water crossing structure, not bridge, mostly culvert replacements on fish streams;

(b) Repair of abandoned roads; and

(7) The small forestland owner will collaborate with the Small Forestland Owner Assistance Office on projects approved for SFISH funding to determine project details, which include but are not limited to specifications, timing, efficiencies, involvement, and other factors as necessary. The small forestland owner and the Small Forestland Owner Assistance Office will work together and mutually agree on the most efficient and effective way to complete projects.

History

Statutory/Other Authority: ORS 527.710, Section 2(1), Chapter 33, Oregon Laws 2022 & Section 20, Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: Section 2(2), Chapter 33, Oregon Laws 2022 & Section 18, Chapter 33, Oregon Laws 2022
DOF 2-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-607-0400 Forest Conservation Tax Credit – Process for Determining Eligibility

(1) To be eligible to apply for a forest conservation tax credit, a small forestland owner shall:

(a) Certify that they meet the definition and criteria of a small forestland owner as described in OAR 629-600-0100 and the criteria for this tax credit under chapter 34, section (2), Oregon Laws 2022. The State Forester may require additional information for program participation as outlined in OAR 629-607-0200(1)(b).

(b) Submit a notification of operation for a timber harvest type 1, type 2, or type 3 to the State Forester as required by ORS 527.670(6) to harvest timber adjacent to riparian areas, as described in OAR 629-643-0100 through 629-643-0135. The harvest area must be greater than or equal to the portion of area the small forestland owner elects not to harvest.

(c) Elect to follow the standard practice vegetation retention requirements as described in OAR 629-643-0100 through 629-643-0135.

(d) Indicate at the time of submitting the notification of operation the intent to apply for a forest conservation tax credit.

(2) After filing the notification of operation, but no later than three months after completing the timber harvest, the small forestland owner shall submit documentation of the stumpage values and costs of appraisal to the Small Forestland Owner Assistance Office.

(3) After receiving the notification of operation, documentation of stumpage values and costs associated with appraisal, and filing a deed restriction from the small forestland owner, the Small Forestland Owner Assistance Office shall evaluate and approve the stumpage value or request additional documentation as needed. Once stumpage values are approved, the office shall issue a certificate of eligibility to both the small forestland owner and the Department of Revenue.

(4) After receiving certification, a small forestland owner shall sign and record the deed restriction, in the county where the eligible forest conservation area is located, which prohibits the owner and the owner’s successors in interest from conducting a harvest or otherwise removing trees within the forest conservation area.

(5) If the small forestland owner is taxed as a trust, partnership, or S corporation, the entity can distribute the forest conservation tax credit to owners or beneficiaries, as allowed by law.

(6) A nonresident small forestland owner shall follow the same process as a resident of this state for obtaining eligibility for the forest conservation tax credit.

(7) Type 4 harvests are not eligible to claim a forest conservation tax credit.

(8) In addition to all other requirements of administrative rule promulgated under the Forest Practices Act, small forestland owners shall comply with the requirements under chapter 34, Oregon Laws 2022.

(9) If a future legislature cancels the forest conservation tax credit, the State Forester will remove all restrictions on using the small forestland owner minimum option within a fifth field watershed for riparian areas where a credit has not been issued, though the department will continue to track the frequency of harvests under the small forestland owner minimum option. If a future legislature reinstates the forest conservation tax credit, the State Forester will renew the system.

History

Statutory/Other Authority: ORS 527.710 & Section 2(11), Chapter 34, Oregon Laws 2022
Statutes/Other Implemented: Section 3, Chapter 34, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-607-0450 Forest Conservation Tax Credit Area

(1) The width of the forest conservation area is the difference between the outermost edge of the standard practice width as described in OAR 629-643-0100 through 629-643-0135 and the outermost edge of the small forestland owner minimum option width as described in OAR 629-643-0141 through 629-643-0142. The length of the forest conservation tax credit area is the length of frontage that follows the same lengths as the standard practice option requirements as defined in OAR 629-643-0100 through 629-643-0135.

(2) A small forestland owner may apply for a forest conservation tax credit for an amount that is one half of the stumpage value left between the inside edge of the small forestland owner minimum option and the edge of dry stream channel areas required to be retained for Small Type Np tributaries to Type F or Type SSBT streams as described in OAR 629-643-0105, 629-643-0125, and 629-643-0130. To be eligible for the forest conservation tax credit, the small forestland owner shall field survey the stream and have 100 feet or more of surveyed dry channel between two flow features downstream of the RH max.

(3) Once a forest conservation tax credit has been issued for a riparian management area, the small forestland owner and any future owners must adopt the standard practice in that riparian management area for a period of 50 years from the date the certification was issued.

(4) Landowners shall not remove trees within a forest conservation area except for incidental tree removal, personal use (e.g., provision of firewood), and public safety purposes consistent with the purposes for which the tax credit has been granted under chapter 34, Oregon Laws 2022. Small forestland owners should consult with the Small Forestland Owner Assistance Office prior to removing trees from the forest conservation area.

History

Statutory/Other Authority: ORS 527.710 & Section 2(11), Chapter 34, Oregon Laws 2022
Statutes/Other Implemented: Section 3, Chapter 34, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-607-0500 Forest Conservation Tax Credit – Stumpage Value Certification

(1) For the purposes of this rule only, "professional forester" means a person that is engaged in the business of appraising or valuing timber or forestland as described in ORS 674.100.

(2) To determine the value of the tax credit, the small forestland owner shall use one of the following methods using standard measuring techniques of professional foresters:

(a) Conversion return method;

(b) Actual comparison method; or,

(3) Small forestland owners shall submit documentation for the conversion method or actual comparison method to the Small Forestland Owners Assistance Office to be eligible for the forest conservation tax credit that includes all the following:

(a) The cruising measurements of merchantable volume of timber by:

(A) Tree species; and,

(B) Log grades (based on size and log quality).

(b) The value of logs, by species and grade, delivered to a milling operation, shown by:

(A) A statement from a milling operation with their current payout for delivered logs by species and grade;

(B) Log value summaries prepared by professional organizations; or,

(A) Estimated cost of all activities required to harvest trees and deliver them to a milling operation. Costs may include activities such as timber falling, yarding, and transportation to a mill, and other miscellaneous costs such as a harvest tax; or,

(B) Actual costs per MBF associated with adjacent harvested area when the timber in the forest conservation area is similar to the timber harvested.

(d) Stumpage values equal to the total delivered log values less than the costs associated with delivery.

(e) Verification of any appraisal costs to determine stumpage value.

(f) Other documentation as requested by the Small Forestland Owner Assistance Office to verify calculations and values.

(4) Small forestland owners shall submit documentation for the cash flow modeling method to the Small Forestland Owners Assistance Office to be eligible for the forest conservation tax credit to include the following:

(a) For pre-merchantable stands: age of stand, site index, species, trees per acre, harvest rotation age, estimated harvest costs, and a timber appraisal which includes cruise information and sampling methodology, growth and yield value used; log pond values, and value determination methodology;

(b) For merchantable stands:

(A) Merchantable volume of timber by grade, sort, and species; and,

(B) Log Pond values, by species and grade, delivered to a milling operation, as shown by:

(i) A statement from a milling operation with their current payout for delivered logs by species and grade;

(ii) Log value summaries (mill pond value queries) prepared by professional organizations; or,

(iii) Other commonly accepted methods of determining log values.

(d) Other documentation as requested by the Small Forestland Owner Assistance Office to verify calculations and values.

(5) After receiving the documentation of stumpage values, the Small Forestland Owner Assistance Office shall review and request additional information, if necessary.

(6) The Small Forestland Owner Assistance Office shall certify the amount of the forest conservation tax credit and provide the small forestland owner with an eligibility certificate.

History

Statutory/Other Authority: ORS 527.710 & Section 2(11), Chapter 34, Oregon Laws 2022
Statutes/Other Implemented: Section 3, Chapter 34, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-607-0600 Forest Conservation Tax Credit - Transfer to Heirs

(1) Upon the death of a small forestland owner who has been granted a forest conservation tax credit and where there is a credit balance remaining, the executor of the small forestland owner’s estate shall provide notarized written notice to the Small Forest Owner Assistance Office informing the office that the remaining forest conservation tax credit shall be transferred to heirs or devisees of the small forestland owner. At a minimum, the written notice must include all the following:

(a) Full legal name of the small forestland owner to which the certificate of the forest conservation tax credit was originally issued;

(b) Full legal name of heir(s) and or devisee(s) eligible to receive the remaining forest conservation tax credit;

(c) Percentage(s) amount of forest conservation tax credit remaining to be divided amongst each listed heir and or devisee;

(d) An attestation that no harvesting has occurred within the original certified forest conservation area.

(2) The executor of the small forestland owner’s estate may be required to provide additional documentation to the Department of Revenue (e.g., a probate judgement or additional tax identification information), for verification and forest conservation tax credit tracking.

(3) After receiving and reviewing documentation provided by the executor of the estate, the Small Forestland Owner Assistance Office shall provide heirs or devisees of the estate an amended certification. Heirs or devisees must provide documentation prescribed by the Department of Revenue to maintain the forest conservation tax credit.

(4) If the small forestland owner, or the owner’s estate heir or devisees, elects to conduct a timber harvest in the forest conservation area, or if the State Forester determines a harvest has occurred in violation of the deed restriction, the Small Forestland Owner Assistance Office shall revoke the certification and notify the Department of Revenue in a manner consistent with ORS 315.061.

History

Statutory/Other Authority: ORS 527.710 & Section 2(11), Chapter 34, Oregon Laws 2022
Statutes/Other Implemented: Section 3, Chapter 34, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-607-0700 Forest Conservation Tax Credit – Deed Restriction

(1) The Small Forestland Owner Assistance Office shall provide the small forestland owner with the appropriate deed restriction document for recording with the county where the eligible forest conservation area is located.

(2) After filing the deed restriction, the small forestland owner shall submit documentation of the recording to the Small Forestland Owner Assistance Office.

History

Statutory/Other Authority: ORS 527.710 & Section 2(11), Chapter 34, Oregon Laws 2022
Statutes/Other Implemented: Section 3, Chapter 34, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-607-0750 Forest Conservation Tax Credit – Deed Restriction Removal

(1) If the small forestland owner, or their estate heirs or devisees, elect to conduct a timber harvest in the forest conservation area for which the forest conservation tax credit has been claimed or otherwise elects to remove the harvest restriction:

(a) The small forestland owner shall notify the Small Forestland Owner Assistance Office in writing that they elect to have the forest conservation tax credit removed.

(b) The small forestland owner shall repay the Department of Revenue any tax credit that has been deducted from their tax liability with interest from the due date of the original return(s) where the tax credit was taken and shall forfeit any unused tax credit. The repayment procedure and interest rate shall be prescribed by the Department of Revenue.

(c) The Small Forestland Owner Assistance Office shall provide the small forestland owner with form(s) to provide evidence that the tax credit has been repaid and to remove the deed restriction from the county records.

(d) The small forestland owner shall notify the Small Forestland Owner Assistance Office in writing and provide documentation that repayment to the Department of Revenue is complete.

(e) The Small Forestland Owner Assistance Office shall verify the original forest conservation area has not been harvested. After verification, the Small Forestland Assistance Office shall modify their records to reflect that there is no longer a restriction on that riparian management area and shall provide the small forestland owner with appropriate documentation to have the deed removed.

(f) The small forestland owner shall be responsible for providing the county with documentation to have the deed restriction removed and for any county recording fees.

(2) If a subsequent small forestland owner wishes to conduct a timber harvest in the forest conservation area for which the forest conservation tax credit has been claimed or otherwise elects to remove the harvest restriction:

(a) The subsequent small forestland owner shall notify the Small Forestland Owner Assistance Office in writing that they elect to have the forest conservation tax credit removed.

(b) The subsequent small forestland owner shall pay the Department of Revenue an amount equal to the full certified tax credit received by the previous owner with interest from the date of transfer of the title to the successor owner. The repayment procedure and interest rate shall be prescribed by the Department of Revenue.

(d) The small forestland owner shall notify the Small Forestland Owner Assistance Office in writing and provide sufficient documentation that the repayment to the Department of Revenue has been satisfied.

(e) The Small Forestland Assistance Office shall verify the original forest conservation area has not been harvested. After verification, the Small Forestland Assistance Office shall modify their records to reflect that there is no longer a restriction on that riparian management area and provide the small forestland owner with the appropriate documentation to have the deed restriction removed.

(f) The small forestland owner shall be responsible for providing the county with documentation to have the deed restriction removed and for any county recording fees.

History

Statutory/Other Authority: ORS 527.710 & Section 2(11), Chapter 34, Oregon Laws 2022
Statutes/Other Implemented: Section 3, Chapter 34, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-607-0800 Forest Conservation Tax Credit – Appeal Rights

A small forestland owner who wishes to appeal a decision made by the State Forester regarding the forest conservation tax credit shall use the following procedure:

(1) A small forestland owner shall notify the State Forester in writing that they disagree with the decision and explain why they disagree within 90 days of the determination; and

(2) If there is an impasse with the State Forester, the person may write the Small Forestland Owner Assistance Office, within 30 days of the State Forester’s determination, requesting an appeal to the Board of Forestry stating the basis for the appeal. The appeal is filed when it is received in the Small Forestland Owner Assistance Office in accordance with ORS 527.700.

History

Statutory/Other Authority: ORS 527.710 & Section 2(11), Chapter 34, Oregon Laws 2022
Statutes/Other Implemented: Section 3, Chapter 34, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Division 610 FOREST PRACTICES REFORESTATION RULES

Or. Admin. R. 629-610-0000 Purpose

(1) Timely reforestation of forestland is an essential factor in assuring continuous growing and harvesting of forest tree species, considering landowner objectives and consistent with the sound management of timber and other forest resources. Reforestation or other forms of revegetation are also important for the continued productivity and stabilization of soils exposed as a result of operations.

(2) OAR 629-610-0000 through 629-610-0100 shall be known as the reforestation rules.

(3) The purpose of the reforestation rules is to establish standards to ensure the timely replacement and maintenance of free to grow forest tree cover following forest operations at or above stocking levels that will use the tree growth potential of forestlands in Oregon.

(4) The reforestation rules are designed to:

(a) Define forestland subject to reforestation requirements;

(b) Describe the conditions under which reforestation shall be required;

(d) Specify the maximum time period allowed for establishment of such trees after an operation reduces stocking;

(e) Describe the acceptable species for reforestation;

(f) Describe the conditions under which revegetation shall be required in lieu of reforestation; and

(g) Specify the conditions under which an exemption from the reforestation requirements may be approved.

(5) Except as described below, the reforestation rules shall become effective on January 1, 1995 and shall be applied as follows:

(a) Operations completed after January 1, 1995 must comply with the reforestation rules;

(b) Except as provided in subsection (c) operations completed before January 1, 1995 must comply with the applicable reforestation requirements of ORS 527.745 and OAR 629-024-0400 to 0404, 629-024-0500 to 0503, and 629-024-0600 to 0604 as they existed on September 6, 1994;

(c) Landowners subject to subsection (b) may request to have the reforestation rules apply to an operation at any time following January 1, 1995. The State Forester shall approve such requests so long as the landowner will fully apply the reforestation rules on the operation.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.745
DOF 6-2023, minor correction filed 07/01/2023, effective 07/01/2023
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
FB 5-1994, f. 12-23-94, cert. ef. 1-1-95

Or. Admin. R. 629-610-0010 Forestlands Suitable for Reforestation

(1) Any forestland which is capable of annual wood production of at least 20 cubic feet per acre at culmination of mean annual increment (Cubic Foot Site Class VI or better) shall be subject to the requirements of the reforestation rules.

(2) Potential site productivity is determined directly by tree growth and stocking measurements throughout the operation area or determined indirectly using applicable USDA Natural Resources Conservation Service soil survey information, USDA Forest Service plant association guides, Oregon Department of Revenue western Oregon site class maps, or other information determined by the State Forester to be of comparable quality.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.745
FB 5-1994, f. 12-23-94, cert. ef. 1-1-95

Or. Admin. R. 629-610-0020 Reforestation Stocking Standards

(1) The landowner shall increase tree stocking to a level that meets the applicable productivity-based stocking standards described in sections (4), (5) and (6) of this rule within the time limits established by OAR 629-610-0040 whenever post-operation free to grow tree stocking in all or a portion of the operation area is below the applicable stocking standards and:

(a) Trees or snags of acceptable species are harvested; or

(b) Free to grow tree stocking is reduced as a result of the operation.

(2) Reforestation is not required on those portions of the operation area:

(a) Where adequate free to grow tree stocking remains after the completion of the operation;

(b) That are not disturbed by operation activities; or

(3) The State Forester shall approve a plan for an alternate practice to waive or modify the reforestation requirements following a stand improvement operation such as a precommercial thinning, commercial thinning, overstory removal, or other partial cut harvest if the State Forester determines that the residual stand conditions after such an operation will result in enhanced long-term tree growth and there is a high probability the purpose of the reforestation rules will be achieved.

(4) For Cubic Foot Site Class I, II and III forestlands (capable of producing at least 120 cubic feet per acre per year at culmination of mean annual increment), the minimum tree stocking standards are:

(a) 200 free to grow seedlings per acre; or

(b) 120 free to grow saplings and poles per acre; or

(d) An equivalent combination of seedlings, saplings and poles, and larger trees as calculated in section (7) of this rule.

(5) For Cubic Foot Site Class IV and V forestlands (capable of producing between 50 and 119 cubic feet per acre per year at culmination of mean annual increment), the minimum tree stocking standards are:

(a) 125 free to grow seedlings per acre; or

(b) 75 free to grow saplings and poles per acre; or

(d) An equivalent combination of seedlings, saplings and poles, and larger trees as calculated in section (7) of this rule.

(6) For Cubic Foot Site Class VI forestlands (capable of producing between 20 and 49 cubic feet per acre per year at culmination of mean annual increment), the minimum tree stocking standards are:

(a) 100 or more free to grow seedlings per acre; or

(b) 60 free to grow saplings and poles per acre; or

(d) An equivalent combination of seedlings, saplings and poles, and larger trees as calculated in section (7) of this rule.

(7) In both even-aged and uneven-aged stands, the stocking of residual seedlings, saplings and poles, and larger trees shall be weighted to determine stand stocking and potential reforestation requirements. For this purpose, seedlings, saplings and poles, and trees 11-inches DBH and larger are proportionally equivalent in the following ratios: 100 free to grow seedlings are equivalent to 60 free to grow saplings and poles, which are equivalent to 40 square feet of basal area of free to grow trees 11-inches DBH and larger.

(8) Live conifer trees 11-inches DBH and larger left standing in harvested areas to meet the green tree and snag retention requirements of ORS 527.676 shall be counted towards meeting the tree stocking standards if the trees are free to grow.

(9) For the purposes of determining compliance with the tree stocking requirements of the reforestation rules, tree stocking in riparian management areas within an operation area will be considered separately from stocking in the rest of the operation area.

(10) Landowners may submit plans for alternate practices that do not conform to the reforestation stocking levels established under these rules. A plan for alternate practices may be approved if the State Forester determines that there is a high probability that the purpose of the reforestation rules will be achieved, or if the plan carries out an authorized research project conducted by a public agency or educational institution.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.745
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 5-1994, f. 12-23-94, cert. ef. 1-1-95

Or. Admin. R. 629-610-0030 Natural Reforestation Methods

(1) Natural reforestation methods may be the best means to meet a variety of resource management objectives on some forestlands. Successful natural reforestation requires careful, flexible, site-specific pre-harvest planning and post-harvest monitoring.

(2) Reforestation may be difficult on Cubic Foot Site Class VI forestlands due to factors such as poor soils, harsh climate and competing vegetation. Reforestation in wetland areas may be difficult because of high water tables, competing vegetation, and inaccessibility. Careful reforestation planning is needed before operations are conducted on these sites. On Cubic Site Class VI forestlands and in wetlands, the use of silvicultural systems that promote natural regeneration and the retention of good quality residual trees after operations often have a higher probability of success than artificial reforestation methods.

(3) When an operation will result in a reforestation requirement and natural reforestation methods are planned, the landowner shall obtain written approval from the State Forester of a plan for an alternate practice which describes how reforestation will be accomplished. Information in the plan shall include:

(a) A description of the seed sources that will be used;

(b) Site preparation and vegetation competition control methods;

(d) How progress towards natural reforestation will be evaluated; and

(e) Alternative strategies that will be used if natural reforestation does not progress as planned.

(4) The plan for an alternate practice required in section (3) of this rule must be submitted no later than twelve months after tree stocking is reduced.

(5) Plans for an alternate practice for the use of natural reforestation methods shall be approved by the State Forester if a determination is made that the information provided accurately indicates there is a high probability the purpose of the reforestation rules will be achieved.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.745
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 5-1994, f. 12-23-94, cert. ef. 1-1-95

Or. Admin. R. 629-610-0040 Time Allowed for Reforestation

(1) The time period for compliance with the reforestation rules begins at the completion of the operation or 12 months after tree stocking has been reduced, whichever comes first.

(2) The landowner shall begin reforestation, including any necessary site preparation, within 12 months when reforestation is required.

(3) The landowner shall complete planting or seeding within 24 months unless a plan for an alternate practice for natural reforestation has been approved by the State Forester.

(4) By the end of the sixth full calendar year, the landowner shall have established a free to grow stand of trees which meets or exceeds the minimum stocking level required by OAR 629-610-0020.

(5) When natural reforestation methods are planned, the time limits for evidence of successful germination and for establishing a free to grow stand of trees which meets or exceeds the minimum stocking level required for the site shall be established in the approved plan for an alternate practice required for such methods.

(6) If reforestation cannot be accomplished within the specified time due to circumstances determined by the State Forester to be beyond the landowner's control, the State Forester shall extend the time to accomplish reforestation. Such circumstances may include, but are not limited to:

(a) Nursery failure;

(b) Inadequate seedling availability following salvage harvesting;

(d) Insect infestation;

(e) State smoke management restrictions on the burning of slash;

(f) Wildfire or disease damage; or

(g) Severe wildlife damage that could not be reasonably anticipated or controlled by the landowner.

(7) Extensions shall be made only upon a determination by the State Forester, based on timely written evidence provided by the landowner, that documents the landowner made reasonable attempts to comply with the reforestation requirements of the rules.

(8) Where an extension is granted for reforestation failure on land suitable for reforestation or in cases where a violation of the reforestation rules is cited, the landowner shall be required to take remedial action to achieve the required stocking standards within a time prescribed by the State Forester using recognized stand establishment methods.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.745
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 5-1994, f. 12-23-94, cert. ef. 1-1-95

Or. Admin. R. 629-610-0050 Acceptable Species for Reforestation and Residual Stand Stocking

(1) The State Forester shall determine if tree species are acceptable for artificial reforestation, natural reforestation, and as residual seedling, sapling and pole, or larger tree stocking based on all of the following criteria:

(a) The species must be ecologically suited to the planting site;

(b) The species must be capable of producing logs, fiber, or other wood products suitable in size and quality for the production of lumber, sheeting, pulp or other commercial forest products; and

(2) Up to 20 percent of the site-based stocking levels required by 629-610-0020 may be met by using free to grow hardwood trees remaining after harvest if the trees are of species meeting the requirements of section (1) of this rule. An approved plan for an alternate practice is required before more than 20 percent of the required stocking may be met with residual, post-operation hardwood trees. Approval for the use of higher levels of hardwood residual stocking shall be based on a determination by the State Forester that there is a high probability the purpose of the reforestation rules will be achieved.

(3) Landowners are encouraged to reforest with a mixture of acceptable tree species, where appropriate, to reduce the risk of insect and disease losses and to promote stand diversity. Seedlings or seeds used for artificial reforestation should be from seed sources that are genetically adapted to the growing site.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.745
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 5-1994, f. 12-23-94, cert. ef. 1-1-95

Or. Admin. R. 629-610-0060 Use of Non-Native Tree Species

(1) When an operation will result in a reforestation requirement, and the landowner intends to plant or seed a tree species not native to the operation area, the landowner shall submit for approval a plan for an alternate practice to the State Forester which describes the tree species and how it will be used to meet the reforestation requirements. Information in the plan must include:

(a) The tree species that will be used;

(b) Evidence that the species is ecologically suited to the planting site;

(c) Evidence that the species is capable of producing commercial forest products that will be marketable in the foreseeable future; and

(d) Available research or field test findings which demonstrate the tree species has been successfully used in reforesting sites similar to the operation area.

(2) A plan for an alternate practice for the use of non-native tree species must be submitted for approval no later than twelve months after tree stocking is reduced and prior to planting. Plans for an alternate practice for the use of non-native tree species shall be approved by the State Forester if a determination is made that the information provided indicates there is a high probability the purpose of the reforestation rules will be achieved.

(3) For the purpose of this rule, any tree species that the State Forester determines has naturally existed and reproduced in the operation area or on similar sites shall be considered a native species.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.745
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 5-1994, f. 12-23-94, cert. ef. 1-1-95

Or. Admin. R. 629-610-0070 Suspension of the Reforestation Rules

(1) A landowner must submit to the State Forester a plan for an alternate practice to suspend the reforestation rules for the salvage or conversion of low value forest stands, to establish forest stands that are adequately stocked and free to grow.

(2)(a) The State Forester may approve the plan for an alternate practice when the harvest area is a conversion of underproducing forestland, or a salvage of forest stands where the merchantable trees are dead or dying due to wildfire, insects, diseases or other factors beyond the landowner's control and the State Forester determines:

(A) The landowner is approved for funding from a forest incentive program, for which the State Forester is the technical advisor; and

(B) The gross harvest revenues will not exceed the total costs of harvest, taxation, and reforestation.

(b) For the purposes of this rule, "conversion of underproducing forestland" means an operation that:

(A) Is conducted on forestland that is subject to the reforestation requirements;

(B) Does not currently support the minimum number of free to grow trees required under OAR 629-610-0020;

(C) Has the objective of removing undesirable competing vegetation and establishing an adequately stocked, free to grow forest stand; and

(D) May include the incidental harvest of forest products.

(3) To determine whether subsection (2)(a)(B) of this rule is met on a harvest operation that has not started, the State Forester shall make a field observation of the harvest area to determine:

(a) The estimated merchantable volume;

(b) The value of the merchantable volume by applying current local market values; and

(4) When the State Forester is not able to determine the projected revenues and projected costs from the field observation described in subsection (3) of this rule, the State Forester may require the landowner to submit one or more of the following:

(a) A third party estimate, by species and grade, of the volumes and values of logs to be delivered to the mill;

(b) The projected costs of harvesting the forest products, including, but not limited to, harvest planning and administration, road construction and maintenance, felling and bucking, yarding, and loading and hauling;

(d) The projected costs of reforestation, including planning and administration, site preparation, trees, tree planting, tree protection, and moisture conservation; or

(e) The projected costs of any other measures necessary to establish a forest stand in an adequately stocked and free to grow condition, as specified in the reforestation rules.

(5) To determine whether subsection (2)(a)(B) of this rule is met on a harvest operation that has started, but is not yet complete, the landowner shall submit to the State Forester one or more of the following:

(a) The contracts executed to sell and harvest forest products, including but not limited to, all logging costs and receipts;

(b) All the forest products scaling summaries showing gross and net volumes, by species and corresponding mill receipts showing payment; or

(c) Any tax forms, records or reports submitted by the landowner that detail the gross and net volumes of forest products harvested, by species, plus logging and management costs used to determine harvest and severance taxes.

(6) Operations that are complete are not eligible for a suspension of the reforestation rules.

(7) The State Forester shall revoke the suspension of the reforestation rules at any time within 6 years of completing the operation if the landowner fails to establish a forest stand:

(a) According to the specifications and time lines required under the applicable forest incentive program; or

(b) In an adequately stocked and free to grow condition, as specified in the reforestation rules.

History

Statutory/Other Authority: ORS 527.670, 527.700, 527.710, 527.730, 527.765, 919.3 & 919.9
Statutes/Other Implemented: ORS 527.74
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 5-1994, f. 12-23-94, cert. ef. 1-1-95, Renumbered from 629-057-5170

Or. Admin. R. 629-610-0080 Revegetation When Reforestation is Not Required

When reforestation is not required or planned, the landowner shall ensure sufficient revegetation of the site to provide continuing soil productivity and stabilization within 12 months of the completion of the operation. Revegetation required by this rule may be planted or naturally established, and shall consist of trees, shrubs, grasses, or forbs suitable for soil stabilization and productivity protection. Landowners are encouraged to revegetate the operation area with native plants.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.745
FB 5-1994, F. 12-23-94, cert. ef. 1-1-95

Or. Admin. R. 629-610-0090 Exemption from Reforestation for Land Uses Not Compatible with Forest Tree Cover

(1) A landowner, through a plan for an alternate practice, may request all, or portions of, an operation area be exempted from the reforestation requirements for the purpose of developing forestland for a use that is not compatible with the maintenance of forest tree cover. Approval of a plan for an alternate practice shall be obtained for such an exemption from the State Forester and shall only be granted for the smallest land area necessary to carry out the intended change in land use. Reforestation shall be required on the portions of operation areas not directly involved in the land use change.

(2) In seeking approval of the plan for an alternate practice, the landowner shall provide written documentation to the State Forester which establishes:

(a) The specific portion of the operation area necessary for the proposed change in land use;

(b) The intended change in land use and the incompatibility of the land use with forest tree cover;

(c) The intended change in land use is authorized under local land use and zoning ordinances, and all necessary permits and approvals have been obtained, or will be obtained within 12 months following the reduction in tree stocking; and

(d) The county assessor and local planning department have been notified in writing of the proposed change in land use.

(3) Reasonable progress towards the change in land use, as determined by the State Forester, shall be made within 12 months of the completion of the operation. Evidence of reasonable progress towards a change to an agricultural use may include activities such as stump removal, cultivation, fencing, and planting or seeding of crops or pasture. Evidence of reasonable progress towards a change to a use involving building a structure may include activities such as stump removal, excavation, and construction.

(4) The change in land use shall be completed and continuously maintained within 24 months of the completion of the operation.

(5) If the change in land use cannot be accomplished within the specified time due to circumstances beyond the landowner's control, the State Forester shall extend the time to accomplish the change in land use. Such circumstances may include, but are not limited to, governmental delays in reviewing and processing permits and approvals, but do not include delays where a landowner is appealing the denial of a permit or approval if the State Forester does not have reason to believe the landowner will prevail on appeal. Extensions shall be made only upon a determination by the State Forester, based on written evidence provided by the landowner, that the landowner made reasonable attempts to comply. Landowners who need extensions are encouraged to contact the State Forester as soon as possible after the circumstances occur.

(6) The State Forester shall determine if the change in land use has been completed by:

(a) The presence or absence of improvements necessary for use of the land for the intended purpose; and

(b) Evidence of established and continuously maintained use of the land for the intended purpose.

(7) To remain exempt from the reforestation requirements the landowner shall continuously maintain the land in the new use until at least six calendar years following the completion of the operation.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.674 & 527.745
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 5-1994, f. 12-23-94, cert. ef. 1-1-95

Or. Admin. R. 629-610-0100 Exemption from Reforestation for Wildlife Food Plots

(1) For the purposes of this rule only, “small forestland” means forestland as defined in ORS 527.620 that:

(a) Has an owner that owns or holds common ownership interest in at least 10 acres of Oregon forestland but less than 5,000 acres of Oregon forestland; and

(b) Constitutes all forestland within a single tax lot and all forestland within contiguous parcels owned or held in common ownership by the owner.

(2) A landowner may utilize a portion of their property for the establishment of one or more wildlife food plots. The establishment of wildlife food plots in lieu of reforestation is an allowable forest operation under ORS 527.678. The purpose of this rule is to allow landowners to establish or increase the area of food or forage available to wildlife, and to exempt a percentage of their property from reforestation requirements following timber harvest.

(3) Wildlife food plots are considered forestland as defined in ORS 527.620. Wildlife food plots provide an intended benefit to the landowner, and additional benefits to the State through providing or enhancing food resources for wildlife.

(4) A landowner is eligible to utilize wildlife food plots as a management choice on their property if:

(a) The ownership size in Oregon is greater than 10 acres but less than 5,000 acres;

(b) The area to be used for a wildlife food plot must currently be in a forest use; and

(c) The wildlife food plot area would otherwise be subject to the reforestation rules described in OAR 629-610-0000 through 629-610-0100.

(5) Based on the area of small forestland ownership, the combined size of wildlife food plots shall not exceed:

(a) 2.5 percent of the small forestland, if the small forestland is 500 acres or less in size (combined size of wildlife food plots equals 0.25 to 12.5 acres);

(b) 2.0 percent of the small forestland, if the small forestland is more than 500 acres but not more than 1,000 acres in size (combined size of wildlife food plots equals 10 to 20 acres); or

(c) 1.0 percent of the small forestland, if the small forestland is over 1,000 acres but less than 5,000 acres in size (combined size of wildlife food plots equals 10 to 50 acres).

(6) To establish and maintain a wildlife food plot in lieu of reforestation, a landowner shall:

(a) Provide notification to the State Forester per OAR 629-605-0140 through 0150.

(b) Create a plan for alternate practice that includes the following:

(A) Landowner contact information;

(B) The acreage of the small forestland where the wildlife food plot is desired;

(D) A narrative that describes the target wildlife, the forage expected to substantially contribute to the nutritional requirements of the target wildlife species or guild, the activities required to maintain the wildlife food plot, and a timeline of planned establishment and maintenance activities; and

(E) A strategy for the monitoring and management of plant and animal species that may prevent the establishment of the target forage species.

(c) Provide the plan for alternate practice to the State Forester for approval, and as a mechanism for tracking compliance with the wildlife food plot rules. The State Forester shall provide feedback on the plan, and may consult with the Oregon Department of Fish and Wildlife or other agencies as appropriate.

(d) Establish the wildlife food plot in a manner consistent with the desired outcomes for the plot, as described in the plan for alternate practice. Establishment activities must include the creation of forage for the target wildlife species or guild. In addition, wildlife food plot establishment may also incorporate cover, nesting habitat, or resting habitat for the target wildlife species or guild.

(e) Establish the wildlife food plot through the use of habitat manipulation, planting of forage, or a combination of techniques for the target wildlife species or guild. Habitat manipulation and planting of forage includes, but is not limited to, complete or partial removal of trees and other vegetation, tillage of soil, planting or seeding of forage vegetation of sufficient nutrition for the target wildlife species or guild, or other practices needed for maintenance of the plot to promote a specific seral stage of vegetation.

(f) Make reasonable progress towards establishing the wildlife food plot, as determined by the State Forester, within 12 months of completion of the harvest operation that requires reforestation.

(g) Fully establish the wildlife food plot within 24 months of completion of the harvest operation that requires reforestation.

(h) Ensure the forage vegetation chosen is supported by the environment in which it is being established. Not all vegetation is suitable to be used in the variety of forest soils and land types that occur in Oregon. Designation of specific seed mixes or plant species is beyond the scope of these rules. However, the landowner shall:

(A) Source plants and seed to avoid introduction of invasive species to forestlands. This includes, but is not limited to, the introduction of invasive plant, insect, or disease species through the movement of live plant material, seed, or soil.

(B) Ensure vegetation chosen for establishment is not on the Oregon Department of Agriculture's noxious weed list.

(i) Maintain the wildlife food plot in accordance with the plan for alternate practice.

(j) Provide documentation to the State Forester of activities conducted to establish and maintain the wildlife food plot. This documentation shall be provided upon full establishment of the wildlife food plot, and upon request by the State Forester thereafter. Documentation may include, but is not limited to, receipts for work completed and photographs of the wildlife food plot showing that it is in the intended state per the plan for alternate practice. The landowner may also request the State Forester conduct an inspection of the wildlife food plot.

(7) If the State Forester determines that the landowner has not maintained the wildlife food plot in its intended state per the plan for alternate practice, the reforestation rules as otherwise required in OAR 629, division 610, become applicable and the landowner shall be required to reforest the wildlife food plot.

(8) To end the use of a wildlife food plot, a landowner shall:

(a) Provide notification to the State Forester per OAR 629-605-0140 through 0150.

(b) Reforest the wildlife food plot in accordance with the reforestation rules, as described in OAR 629, division 610.

(9) The landowner shall follow the requirements as outlined in sections (6) and (8) of this rule in order to relocate the wildlife food plot, modify the wildlife food plot size, change the target wildlife species or guild, or end the use of a wildlife food plot.

History

Statutory/Other Authority: ORS 527.678(3)(a), 527.710(1), 527.630(3), 527.714(1) & 526.016(4)
Statutes/Other Implemented: ORS 527.678 & 527.710(2)
DOF 4-2022, amend filed 11/09/2022, effective 11/15/2022
DOF 1-2020, adopt filed 08/12/2020, effective 09/01/2020

Division 611 FOREST PRACTICE AFFORESTATION INCENTIVE RULES

Or. Admin. R. 629-611-0000 Purpose

(1) The purpose of OAR 629-611-0000 to 629-611-0020 is to implement ORS 526.490, providing an incentive for landowners to convert parcels of idle land or land in other uses to commercial forest use.

(2) The provisions of ORS 526.490 shall be called the afforestation incentive and OAR 629-611-0000 to 629-611-0020 shall be known as the afforestation incentive rules.

(3) The afforestation incentive in these rules is a one-time exemption from most tree retention requirements in the forest practice rules as described in section (5) of this rule.

(4) For the purposes of the afforestation incentive rules, "planted" trees means those trees that a landowner establishes as an initial forest stand to qualify for the incentive and includes:

(a) All trees the landowner plants or causes to be planted; and

(b) All naturally established trees that are established within ten years prior to, or following, the date the parcel is certified as qualified for the incentive.

(5) Notwithstanding forest practice rule provisions prohibiting harvest of trees, the afforestation incentive allows landowners to harvest all planted trees on certified afforestation incentive parcels with the following limitations:

(a) The afforestation incentive applies only to the land and timber located more than 20 feet from the high water level of the following streams:

(A) Type F streams;

(B) Type SSBT streams;

(D) Large or medium Type N streams.

(b) Any forest operations on such parcels must comply with all forest practice rules that require practices other than restrictions on harvesting the planted trees.

(c) A planted tree that later becomes a key component of a specified resource site normally requiring protection under the forest practice rules may be harvested; however, the State Forester may temporarily prohibit harvesting during an annual critical period of use of the site, as provided in the specified resource site protection rules.

(d) (For information only) Federal law prohibits a person from taking threatened or endangered species. Taking, under the federal law, may include significant alteration of habitat on any class of land ownership. Compliance with the afforestation incentive rules is not in lieu of compliance with any federal requirements related to the federal Endangered Species Act.

History

Statutory/Other Authority: ORS 526.490
Statutes/Other Implemented: ORS 526.490
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 6-1998, f. 3-31-98, cert. ef. 5-1-98

Or. Admin. R. 629-611-0010 Qualifications and Procedures

(1) To qualify for the afforestation incentive, a parcel or any separate portion thereof must meet all of the following requirements:

(a) It must be at least five contiguous acres.

(b) The State Forester must obtain evidence that, regardless of its use prior to July 1, 1972, from that date until the time of afforestation it has been idle or exclusively in uses other than commercial activities related to the growing and harvesting of forest tree species. Forestland in understocked condition, identified consistent with (c) below, may qualify for the incentive if the stocking was reduced or limited by causes other than a forest operation occurring after July 1, 1972.

(c) No acre may be certified as part of an afforestation incentive parcel if, prior to the establishment of a well-stocked, free to grow stand of forest trees, the acre’s stocking, if any, was 25 square feet of basal area or more.

(d) Afforestation must have begun on the parcel on or after September 9, 1995, the date ORS 526.490 became effective.

(2) To gain certification of a parcel as eligible for the afforestation incentive, a landowner must request inspection by the State Forester within two to five years following stand establishment.

(3) A request for inspection and certification of a parcel shall be accompanied by the following:

(a) A map that depicts the parcel or portion thereof in relation to public lands survey subdivisions and access roads for the purpose of locating and inspecting the parcel, and that will be sufficient to identify the parcel at the time of harvest;

(b) Photographs documenting the condition of the parcel as idle land or land in other than adequately-stocked commercial forest use prior to stand establishment; and

(c) Written permission of the owner to enter the property as necessary to inspect and determine whether the parcel qualifies for the afforestation incentive.

(4) To be certified eligible for the afforestation incentive, the parcel’s afforestation must meet or exceed the reforestation rule standards for acceptable species, adequate stocking, and free to grow condition found in OAR 629 division 610 of the forest practice rules. Pre-existing free to grow forest tree stocking may be counted toward meeting those standards.

(5) Landowners who qualify parcels for the afforestation incentive by meeting the requirements of sections (1) to (4) of this rule shall be issued a certificate by the State Forester describing the parcel and the exemption from harvest restrictions to which the landowner is entitled.

(6) The afforestation incentive is a one-time exemption for each individual parcel or portion thereof, applying only to planted trees established to initially certify each parcel. These trees constitute the parcel’s first rotation stand for either even-aged or uneven-aged management. The certification date shall be considered the beginning of the first rotation so that, at the time of harvesting, no trees other than the planted trees shall be included in the exemption.

(7) To ensure recognition of the afforestation incentive at the time of harvest, many years after certification of a parcel, landowners are encouraged to record the certificate issued by the State Forester with the appropriate county clerk as specified under ORS 205.130.

(8) In order to exercise the exemption from tree harvesting restrictions under ORS 526.490(3), the landowner must present a record of the certificate to the State Forester whenever first rotation trees are to be harvested.

History

Statutory/Other Authority: ORS 526.490
Statutes/Other Implemented: ORS 526.490
DOF 6-1998, f. 3-31-98, cert. ef. 5-1-98

Or. Admin. R. 629-611-0020 Fee for Inspection and Certification

The State Forester shall charge a fee to persons requesting certification to offset the costs of inspecting parcels and preparing certificates. This fee shall be $50 per parcel plus $2 per acre for each acre in excess of five acres, to a maximum of $200 per parcel.

History

Statutory/Other Authority: ORS 526.490
Statutes/Other Implemented: ORS 526.490
DOF 6-1998, f. 3-31-98, cert. ef. 5-1-98

Division 615 TREATMENT OF SLASH

Or. Admin. R. 629-615-0000 Purpose

(1) OAR 629-615-0000 to 0300 shall be known as the treatment of slash rules.

(2) For the purposes of these rules, treatment of slash is recognized as a necessary tool for the protection of reproduction and residual stands from the risk of fire, insects, and disease, to prepare the site for future productivity and to minimize the risk of material entering streams. Such treatment may employ the use of mechanical processes, fire, chemical or other means to minimize competitive vegetation and residue from harvesting operations.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0300
FB 5-1978, f. & ef. 6-7-78
FB 31, f. 6-14-72, ef. 7-1-72

Or. Admin. R. 629-615-0100 Maintenance of Productivity and Related Values

(1) Operators shall plan and conduct forest operations in a manner which will provide adequate consideration to treatment of slash to protect residual stands of timber and reproduction to optimize conditions for reforestation of forest tree species, to maintain productivity of forestland, to maintain forest health, and to maintain air and water quality and fish and wildlife habitat.

(2) Operators shall dispose of or disperse unstable slash accumulations around landings to prevent their entry into streams.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0301
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94
FB 2-1987, f. 5-4-87, ef. 8-1-87
FB 5-1978, f. & ef. 6-7-78
FB 33, f. 6-15-73, ef. 7-1-73
FB 31, f. 6-14-72, ef. 7-1-72

Or. Admin. R. 629-615-0200 Mechanical Site Preparation Near Waters of the State

(1) When mechanical site preparation is necessary in riparian management areas or near waters of the state, operators shall conduct the operations in a way that sediment or debris does not enter waters of the state.

(2) When using mechanical site preparation, operators shall provide adequate distance between disturbed soils and waters of the state to filter sediment from run-off water.

(3) Operators shall not use mechanical site preparation in riparian management areas:

(a) On slopes over 35 percent, with the exception of excavator-type equipment used during dry periods; or

(b) On sites with evidence of surface or gully erosion; or

(4) During mechanical site preparation, operators shall not place debris or soil in waters of the state or where it may enter waters of the state.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-660-0030
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2630

Or. Admin. R. 629-615-0250 Protection of Soil Productivity During Mechanical Site Preparation

On land clearing projects where mechanical methods are used, operators shall minimize compaction and movement of topsoil to protect soil productivity.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-615-0300 Prescribed Burning

(1) Prescribed burning is a tool used to achieve reforestation, maintain forest health, improve wildlife habitat and reduce wildfire hazard. Prescribed burning is to be done consistent with protection of air and water quality, and fish and wildlife habitat. The purpose of this rule is to ensure that necessary prescribed burning is planned and managed to maximize benefits and minimize potential detrimental effects.

(2) When planning and conducting prescribed burning, operators shall:

(a) Comply with the rules of Oregon's "Smoke Management Plan."

(b) Adequately protect reproduction and residual timber, humus and soil surface.

(c) Consider possible detrimental effects of prescribed burning upon riparian management areas, streams, lakes, wetlands, and water quality, and how these effects can be best minimized.

(d) Lay out the unit and use harvesting methods that minimize detrimental effects to riparian management areas, streams, lakes, wetlands, and water quality during the prescribed burning operation.

(e) Fell and yard the unit to minimize accumulations of slash in channels and within or adjacent to riparian management areas.

(f) Minimize fire intensity and amount of area burned to that necessary to achieve reforestation, forest health, or hazard reduction needs.

(3) Operators shall describe in a written plan how detrimental effects will be minimized when burning within 100 feet of Type F, Type SSBT and Type D streams, within 100 feet of large lakes, within 100 feet of wetlands larger than eight acres (non estuaries), bogs and important springs in eastern Oregon and within 300 feet of estuaries; especially when burning on highly erosive soils, for example decomposed granite soils and slopes steeper than 60 percent.

(4) During prescribed burning operations, operators shall protect components such as live trees, snags, downed wood, and understory vegetation required to be retained by OAR 629-635-0310 through 629-650-0040. When the operator has taken reasonable precautions to protect the components, but some detrimental effects occur, the intent of the rule is met if the overall integrity of the riparian management area is maintained. Operators shall not salvage trees killed by prescribed fire in a riparian management area if the trees were retained for purposes of 629-635-0310 through 629-655-0000.

(5) When the need for prescribed burning outweighs the benefits of protecting components required to be left within the riparian area, aquatic area and wetlands, protection requirements may be modified through a plan for an alternate practice. Approval of such a plan shall consider the environmental impacts and costs of alternative treatments.

(6) (For information only) When water is to be withdrawn from the waters of the state for use in mixing pesticides or for slash burning, ORS 537.141 requires operators to notify the Water Resources Department and the Department of Fish and Wildlife. Notification to the State Forester does not satisfy this requirement.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.674 & 527.715
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0302
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94

Division 620 CHEMICAL AND OTHER PETROLEUM PRODUCT RULES

Or. Admin. R. 629-620-0000 Purpose

(1) OAR 629-620-0000 through 629-620-0800 shall be known as the chemical and other petroleum product rules. In addition to the application of chemicals, operators should be aware that certain requirements of these rules also apply to the use of other petroleum products, such as fuel and lubricants, on any forest operation.

(2) Operators are encouraged to voluntarily use integrated pest and vegetation management processes. The use of pesticides is one of a variety of integrated pest management strategies that forest landowners may implement to minimize the impact of forest pests in an environmentally and economically sound manner to meet site specific objectives. When properly used, pesticides and other chemicals can be effective tools in the growing and harvesting of forest tree species.

(3) The purpose of the forest practice chemical and other petroleum product rules is to establish requirements that will ensure:

(a) Chemicals and other petroleum products used on forestland do not occur in the soil, air, or waters of the state in quantities that would be injurious to water quality or to the overall maintenance of terrestrial wildlife or aquatic life; and

(b) The vegetative components of riparian management areas and sensitive resource sites receive protection on herbicide operations consistent with the purposes of the reforestation rules, the requirements of the sensitive resource site rules, and the vegetation retention goals of the water protection rules.

(4) All distances listed in the chemical and other petroleum product rules shall be measured horizontally.

(5) Operations involving the use of chemicals and other petroleum products on forestland are also subject to the pesticide control laws administered by the Department of Agriculture, hazardous waste laws administered by the Department of Environmental Quality, hazard communication rules administered by the Occupational Safety and Health Division, and the water use laws administered by the Water Resources Department. Maximum contaminant levels in drinking water for certain pesticides are established by the Health Division.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-620-0100 Preventing, Controlling, and Reporting Leaks and Spills of Chemicals and Other Petroleum Products

(1) The operator shall maintain equipment used for transportation, on-site storage, or application of chemicals in a leak proof condition. If there is evidence of chemical leakage, the operator shall suspend the further use of such equipment until the deficiency has been corrected.

(2) Operators shall take adequate precautions to prevent leaks or spills of other petroleum products, such as fuel, motor oil, and hydraulic fluid, from entering the waters of the state.

(3) Operators shall take immediate and appropriate action to stop and contain leaks or spills of chemicals and other petroleum products.

(4) The operator shall immediately report to the State Forester any chemical spills and other petroleum product spills resulting from the operation that enter, or may enter, the waters of the state. Such notification will not exempt the operator from any requirements of other local, state, and federal agencies to report chemical or other petroleum product spills.

History

Statutory/Other Authority: ORS 527.715
Statutes/Other Implemented: ORS 527.715 & 527.765
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-620-0200 Protection of Water Quality During Mixing of Chemicals

(1) Whenever water is taken from any stream or water impoundment for use in the mixing of chemicals, the operator shall prevent chemicals from entering the waters of the state by taking at least the following precautions:

(a) Providing an air gap or reservoir between the water source and the mixing tank; and

(b) Using pumps, suction hoses, feed hoses, and check valves that are used only for water.

(2) (For information only) When water is to be withdrawn from the waters of the state for use in mixing pesticides or for slash burning, ORS 537.141 requires operators to notify the Water Resources Department and the Department of Fish and Wildlife. Notification to the State Forester does not satisfy this requirement.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-620-0300 Locations of Mixing, Transfer, and Staging Areas for Chemicals and Other Petroleum Products

(1) Operators shall conduct the following activities only in locations where spillage of chemicals or other petroleum products will not enter the waters of the state:

(a) Mixing chemicals;

(b) Transferring chemicals or other petroleum products between equipment or containers including, but not limited to, fueling of aircraft or heavy equipment;

(d) Landing and staging aircraft.

(2) Notwithstanding section (1), operators shall not locate chemical mixing and staging areas for aerial chemical applications within 100 feet of Type F, Type SSBT or Type D streams.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-620-0400 Protection of the Waters of the State and Other Resources When Applying Chemicals

(1) When applying chemicals aerially or from the ground, operators shall protect waters of the state and other forest resources by following the requirements of the chemical product label and by meeting the additional protection measures listed in this rule.

(2) When applying herbicides near or within riparian management areas or waters of the state, operators shall maintain vegetation required to be protected by the water protection rules.

(3) Weather conditions such as temperature, relative humidity, wind speed, wind direction, atmospheric temperature inversions, and precipitation may strongly affect the deposition and drift of chemicals during aerial and pressurized, ground-based chemical applications. Operators shall apply chemicals only under weather conditions which will protect non-target forest resources and comply with the product label and the other sections of this rule.

(4) Except where the product label or sections (2), (6), or (7) apply more stringent requirements, when applying chemicals by aircraft, operators shall not directly apply chemicals within 60 feet of:

(a) Significant wetlands;

(b) The aquatic areas of Type F, Type SSBT and Type D streams;

(d) The aquatic areas of other lakes with fish use; or

(e) Other areas of standing open water larger than one-quarter acre at the time of the application.

(5) Except where the product label or sections (2) or (6) apply more stringent requirements, when applying chemicals from the ground, operators shall not directly apply chemicals within 10 feet of:

(a) Significant wetlands;

(b) The aquatic areas of Type F, Type SSBT and Type D streams;

(d) The aquatic areas of other lakes with fish use; or

(e) Other areas of standing open water larger than one-quarter acre at the time of the application.

(6) Operators shall not directly apply fertilizers within 100 feet of Type D streams and the domestic use portions of Type F or Type SSBT streams. For other waters of the state, no untreated strips are required to be left by operators when applying fertilizers, except that operators shall not directly apply fertilizers to:

(a) The aquatic areas of other Type F or Type SSBT streams or to large and medium Type N streams;

(b) Significant wetlands;

(d) The aquatic areas of other lakes with fish use; or

(e) Other areas of standing open water larger than one-quarter acre at the time of the application.

(7)(a) Except as allowed under subsections (d) and (e), operators shall not directly apply fungicides or non-biological insecticides by aircraft, within 300 feet of:

(A) Significant wetlands;

(B) The aquatic areas of Type F, Type SSBT and Type D streams;

(D) The aquatic areas of other lakes with fish use; or

(E) Other areas of standing open water larger than one-quarter acre at the time of the application.

(b) Operators shall not directly apply fungicides or non-biological insecticides by aircraft within 60 feet of the aquatic areas of Type N streams containing flowing water at the time of application.

(c) For the purpose of this rule, "biological insecticide" means any insecticide containing only naturally occurring active ingredients including, but not limited to, viruses, bacteria, semiochemicals (pheromones), or fungi.

(d) Plans for alternate practices that modify the requirements of subsections (a) and (b) may be approved by the State Forester. Approvals of such plans shall be based on a written finding by the State Forester determining that:

(A) Such a modification is essential to control a fungus or a population of an insect species to reduce damage to, and to better provide for, the overall maintenance of forest resources protected under the Forest Practices Act;

(B) The operational or weather condition constraints placed on the application by the plan for alternate practice, in addition to the requirements of the forest practice rules and the product label, will reduce the potential for the fungicide or non-biological insecticide to drift outside the operation area or to enter the waters of the state; or

(C) Adequate documentation has been submitted by the operator indicating the toxicity to humans, fish populations, or to aquatic invertebrate populations of the fungicide or non-biological insecticide to be applied is lower than the documented toxicity of the fungicide chlorothalonil or the non-biological insecticide carbaryl, as used in forestry prior to September 4, 1996.

(e) The requirements of sections (a) and (b) do not apply to pest eradication programs conducted on forestland by the Department of Agriculture.

(8) The operator shall make all aerial chemical applications parallel to the edge of the water when applying chemicals within 100 feet of:

(a) Significant wetlands;

(b) The aquatic areas of Type F, Type SSBT and Type D streams;

(d) The aquatic areas of other lakes with fish use; or

(e) Other areas of standing open water larger than one-quarter acre at the time of the application.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-620-0500 Disposal of Chemical Containers

Operators shall dispose of chemical containers in accordance with the Department of Environmental Quality’s disposal requirements. Operators may apply flushing solution resulting from cleaning of chemical containers to the operation area.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-620-0600 Daily Records of Chemical Applications

(1) Whenever pesticides are aerially applied or applied using a pressurized, ground-based, broadcast application system on forestland, the operator shall maintain a daily record of application operations which includes:

(a) The legal description of the location of the operation area actually treated with chemicals;

(b) The acreage actually treated with chemicals;

(d) Date and time of application;

(e) Air temperature, to be measured within the operation area and recorded at least hourly for aerial applications and at least at the beginning and end of each day’s application for ground applications;

(f) Relative humidity, to be measured within the operation area and recorded at least hourly for aerial applications and at least at the beginning and end of each day’s application for ground applications;

(g) Wind velocity and direction, to be measured within the operation area and recorded at least hourly for aerial applications and at least at the beginning and end of each day’s application for ground applications;

(h) The name of the person making the application, including the contractor’s name and pilot’s name when applied aerially, or the contractor’s name and/or employee’s name for ground application.

(2) Whenever pesticides are applied on forestland using methods other than those described in section (1) of this rule, the operator shall maintain a daily record of all information listed in subsections (a), (b), (c), (d), and (h) of section (1).

(3) Whenever fertilizers are applied on forestland, the operator shall maintain a record of all information listed in subsections (a), (b), (d), and (h) of section (1) of this rule and shall also record the application rate and the formulation used.

(4) The records required in sections (1), (2), and (3) of this rule shall be maintained by the operator for three years from the date of application and be made available at the request of the State Forester.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-620-0700 Chemical and Other Petroleum Product Rules: Effectiveness Monitoring and Evaluation

(1) In cooperation with state agencies, landowners, and other interested parties, the department shall conduct monitoring to evaluate the effectiveness of the chemical and other petroleum product rules. The monitoring shall determine the effectiveness of the rules to meet the goals of the Forest Practices Act and the purposes stated in the rules, as well as their workability and operability.

(2) It is the Board of Forestry’s intent that the department and its cooperators place a high priority on assessing the monitoring needs and securing adequate resources to conduct the necessary monitoring. The department shall work with its cooperators and the Legislature to secure the necessary resources, funding and coordination for effective monitoring.

(3) The department shall report to the Board of Forestry annually about current monitoring efforts and, in a timely manner, present findings and recommendations for changes to practices. The Board of Forestry shall consider the findings and recommendations and take appropriate action.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-620-0800 Notification of Community Water System Managers When Applying Chemicals

(1) The purpose of this rule is to ensure that community water system managers are appropriately notified of planned chemical operations so that they can coordinate their monitoring activities with planned operations.

(2) This rule applies to community water systems where the surface water drainage area upstream of their intake is 100 square miles or less. The State Forester shall maintain a list of community water systems for which notification is required. A community water system with a drainage area of more than 100 square miles upstream of its intake may request to be added to the list based upon its ability to conduct effective monitoring in the watershed. The list shall be available at department field offices where notifications are submitted.

(3) When chemicals will be aerially applied within 100 feet, or applied from the ground within 50 feet of domestic portions of Type F, Type SSBT or Type D streams, and the water use is by a community water system as designated under section (2) of this rule, the operator shall notify the water system manager of a planned chemical operation at least 15 days before the operation commences.

(4) The operator shall provide the following additional information before commencing the operation if requested by the manager of the affected water system at the time of notification required in section (3) above:

(a) The application technology that will be used;

(b) Practices that will be followed to minimize drift toward the stream;

(d) The planned time schedule for the application.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0211
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94

Division 623 SHALLOW, RAPIDLY MOVING LANDSLIDES AND PUBLIC SAFETY

Or. Admin. R. 629-623-0000 Purpose

(1) Shallow, rapidly moving landslides may be a public safety risk affected by forest operations. There is a high natural landslide hazard in certain locations. In the short term, forest practices regulations can reduce the risk to people who are present in locations prone to shallow, rapidly moving landslides. In the long term, effective protection of the public can only be achieved through the shared responsibilities of homeowners, road users, forestland owners, and state and local governments to reduce the number of persons living in or driving through locations prone to shallow, rapidly moving landslides during heavy rainfall periods.

(2) OAR 629-623-0000 through 629-623-0800 shall be known as the shallow, rapidly moving landslide and public safety rules.

(3) The purpose of the shallow, rapidly moving landslides and public safety rules is to reduce the risk of serious bodily injury or death caused by shallow, rapidly moving landslides directly related to forest practices. These rules consider the exposure of the public to these safety risks and include appropriate practices designed to reduce the occurrence, timing, or effects of shallow, rapidly moving landslides.

(4) These rules are based on the best scientific and monitoring information currently available. The department will continue to monitor factors associated with shallow, rapidly moving landslides and also review new research on this issue. The department will recommend rule changes if this new information suggests different forest practices may be appropriate.

History

Statutory/Other Authority: ORS 527.710(10)
Statutes/Other Implemented: ORS 527.630(5) & 527.714
DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03

Or. Admin. R. 629-623-0100 Screening for High Landslide Hazard Locations and Exposed Population

Screening for High Landslide Hazard Locations and Exposed Population

(1) The State Forester will use further review area maps and/or other information to screen proposed operations for high landslide hazard locations that may affect exposed populations. Operators are encouraged to acquire available maps and other information and to conduct their own public safety screening.

(2) Upon notification by the State Forester, operators shall identify portions of the operation that contain high landslide hazard locations and shall also identify structures and paved public roads within further review areas below the operation area.

History

Statutory/Other Authority: ORS 527.710(10)
Statutes/Other Implemented: ORS 527.630(5) & 527.714
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03

Or. Admin. R. 629-623-0200 Exposure Categories

(1) The State Forester will verify the information provided by operators in OAR 629-623-0100 and use this information to determine the exposure category for the operation.

(2) Exposure Category A includes habitable residences, schools, and other buildings where people are normally present during periods when wet season rain storms are common.

(3) Exposure Category B includes paved public roads averaging over 500 vehicles per day as determined, if possible, during periods when wet season rain storms are common.

(4) Exposure Category C includes barns, outbuildings, recreational dwellings not included in Exposure Category A, low-use public roads, and other constructed facilities where people are not usually present when wet season rain storms are common.

History

Statutory/Other Authority: ORS 527.710(10)
Statutes/Other Implemented: ORS 527.630(5) & 527.714
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03

Or. Admin. R. 629-623-0250 Shallow, Rapidly Moving Landslide Impact Rating

(1) The State Forester will publish technical guidance for evaluating and rating shallow, rapidly moving landslide impact potential for any exposed population. Impact rating factors may include, but are not limited to: the location of the structure or road in relationship to the debris torrent-prone stream or steep slope; channel confinement; channel gradient; channel junction angles; and debris in the channel.

(2) Shallow, rapidly moving landslide impact potential is rated as unlikely, moderate, serious and in limited cases, extreme.

(3) The State Forester may require the landowner to submit a geotechnical determination of shallow, rapidly moving landslide impact rating for the proposed operation.

(4) The impact rating may include the potential for the failure of a structure in the direct path of a rapidly moving landslide resulting in a substantial risk of serious bodily injury or death to the exposed population below that structure.

(5) The State Forester will make the final impact rating.

History

Statutory/Other Authority: ORS 527.710(10)
Statutes/Other Implemented: ORS 527.630(5) & 527.714
DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03

Or. Admin. R. 629-623-0300 Public Safety Risk Levels

(1) The exposure categories described in OAR 629-623-0200 and the impact rating described in 629-623-0250 are used to determine the downslope public safety risk level and the applicable forest practice rules that apply to the operation, as described in Sections (2) through (10) of this rule.

Substantial downslope public safety risk

(2) For Exposure Category A, substantial downslope public safety risk exists if the impact rating is extreme or serious.

(3) For Exposure Category B, substantial downslope public safety risk exists if the impact rating is extreme and the State Forester informs the operator that these site specific conditions warrant substantial public safety risk practices.

(4) Substantial Downslope Public Safety Risk operations are regulated by OARs 629-623-0400, 629-623-0450, 629-623-0600, and 629-623-0700.

Intermediate downslope public safety risk

(5) For Exposure Category A, intermediate downslope public safety risk exists if the impact rating is moderate.

(6) For Exposure Category B, intermediate downslope public safety risk exists if the impact rating is serious.

(7) For Exposure Category C, intermediate downslope public safety risk exists if the impact rating is extreme and the State Forester informs the operator that these site specific conditions warrant intermediate public safety risk practices.

(8) Intermediate Downslope Public Safety Risk operations are regulated by OARs 629-623-0500, 629-623-0550, 629-623-0600, 629-623-0700, and 629-630-0500.

Low downslope public safety risk

(9) All other operations not described in sections 2, 3, 5, 6 and 7 of the rule are determined to have low downslope public safety risk.

(10) Low Downslope Public Safety Risk operations are regulated by OAR 629-630-0500and by OAR 629-625-0000 through 0700 and all other applicable rules.

Applicability of regulations and use of leave trees

(11) As required by ORS 195.256(4), forest practice rules shall not apply to risk situations arising solely from the construction of a building permitted under ORS 195.260(1)(c).

(12) Leave trees required to comply with timber harvesting rules for shallow, rapidly moving landslides and public safety may also be used to comply with ORS 527.676 except those required to be retained in riparian management areas by OAR 629-643-0000 through 629-643-0500.

History

Statutory/Other Authority: ORS 527.710(10)
Statutes/Other Implemented: ORS 527.630(5) & 527.714
DOF 10-2023, minor correction filed 07/01/2023, effective 07/01/2023
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03

Or. Admin. R. 629-623-0400 Restriction of Timber Harvesting — Substantial Public Safety Risk

(1) Operators shall not remove trees from high landslide hazard locations with substantial downslope public safety risk unless a geotechnical report demonstrates to the State Forester that any landslides that might occur will not be directly related to forest practices because of very deep soil or other site-specific conditions. Removal of dead or diseased trees or trees from sites that have already failed is allowed if the operator demonstrates to the State Forester that the operation results in no increased overall downslope public safety risk.

(2) Operators shall leave a sufficient number and arrangement of trees adjacent to high landslide hazard locations to reduce the likelihood of trees retained in these locations blowing down.

History

Statutory/Other Authority: ORS 527.710(10)
Statutes/Other Implemented: ORS 527.630(5) & 527.714
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
Reverted to DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
DOF 4-2008(Temp), f. 7-11-08, cert. ef. 7-18-08 thru 1-13-09
DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03

Or. Admin. R. 629-623-0450 Restriction of Road Construction — Substantial Public Safety Risk

(1) Operators shall not construct new roads on high landslide hazard locations or other very steep slopes with substantial downslope public safety risk.

(2) Operators may reconstruct existing roads in high landslide hazard locations when the written plan required by OAR 629-623-0700 incorporates site-specific practices as directed by a geotechnical specialist and demonstrates that road reconstruction will reduce landslide hazard.

History

Statutory/Other Authority: ORS 527.710(10)
Statutes/Other Implemented: ORS 527.630(5) & 527.714
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03

Or. Admin. R. 629-623-0500 Timber Harvesting — Intermediate Public Safety Risk

(1) The purpose of this rule is to manage canopy closure on high landslide hazard locations with intermediate downslope public safety risk.

(2) For harvesting operations that remove all or most of the largest trees, operators shall ensure that no more than half the area of high landslide hazard locations on a single ownership within the drainage or hillslope directly above the affected structure or road are in a 0 to 9 year-old age class or with reduced canopy closure in other age classes;

(3) For thinning or partial cutting operations, operators shall retain a vigorous stand that allows rapid canopy closure.

(4) Landowners shall use reforestation and stand management practices that result in rapid canopy closure.

(5) For timber harvesting operations, landowners shall describe in the written plan required by OAR 629-623-0700 how they will manage the high landslide hazard locations on their ownership within the affected drainage or hillslope with intermediate downslope public safety risk.

History

Statutory/Other Authority: ORS 527.710(10)
Statutes/Other Implemented: ORS 527.630(5) & 527.714
Reverted to DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03
Suspended by DOF 4-2008(Temp), f. 7-11-08, cert. ef. 7-18-08 thru 1-13-09
DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03

Or. Admin. R. 629-623-0550 Road Construction — Intermediate Public Safety Risk

(1) When constructing roads on high landslide hazard locations or other very steep slopes with intermediate downslope public safety risk, operators shall follow site-specific practices as directed by a geotechnical specialist.

(2) In addition to the road construction and maintenance rules in OAR 629-625-0100 through 629-625-0440, written plans shall include:

(a) An evaluation of cutslope stability that demonstrates major cutslope failure is very unlikely; and

(b) A description of measures to be taken to prevent water from draining onto high landslide hazard locations.

History

Statutory/Other Authority: ORS 527.710(10)
Statutes/Other Implemented: ORS 527.630(5), 527.674 & 527.714
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03

Or. Admin. R. 629-623-0600 Protection Along Debris Torrent-Prone Streams

(1) The purpose of this rule is to reduce or eliminate woody debris loading, and to retain large standing trees in locations where they might slow debris torrent movement along debris torrent-prone streams with substantial or intermediate downslope public safety risk.

(2) During timber harvesting operations, operators shall fell and yard trees in a manner to minimize slash and other debris accumulations in debris torrent-prone stream channels where there is substantial or intermediate downslope public safety risk.

(3) Operators shall remove logging slash piles and continuous logging slash deposits from debris torrent-prone stream channels where there is substantial or intermediate downslope public safety risk.

(4) Operators shall leave, and during felling and yarding activity, protect large standing trees along the likely depositional reaches of debris torrent-prone streams, as determined by the State Forester, in locations where there is substantial or intermediate downslope public safety risk. Leave trees shall:

(a) Be larger than 20 inches in diameter breast height;

(b) Be within 50 feet of the edge of the active channel along both sides of the stream;

(c) Be left for a distance of 300 feet or the depositional length of the channel, whichever is less, as measured from the beginning of the forested portion of the stream reach above the road or structure;

(d) Not include trees that pose a greater public safety risk because of windthrow or other risks as determined by the State Forester.

History

Statutory/Other Authority: ORS 527.710(10)
Statutes/Other Implemented: ORS 527.630(5) & 527.714
DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03

Or. Admin. R. 629-623-0700 Written Plans to Evaluate Public Safety Risk

(1) To allow evaluation of public safety risk and the appropriate methods for reducing this risk, operators shall submit a written plan for all timber harvesting or road construction operations with intermediate or substantial downslope public safety risk as described in OAR 629-623-0300. Written plans shall include:

(a) A determination of public safety risk (OAR 629-623-0300);

(b) A map showing those portion(s) of the operation containing high landslide hazard locations;

(d) A detailed road design for all new or reconstructed roads crossing high landslide hazard locations;

(e) The location of habitable structures (Exposure Category A) and paved public roads (Exposure Category B) below the operation and within further review areas;

(f) Locations where timber harvesting will not occur;

(g) Locations where partial cutting will occur and the specific silvicultural prescription; and

(h) Additional information related to the operation as requested by the State Forester.

(2) Operators shall submit a written plan for proposed stream crossing fills constructed across debris torrent-prone streams with substantial or intermediate downslope public safety risk.

(3) Operators shall submit a written plan for proposed waste fill areas within a drainage containing debris torrent-prone streams where there is substantial or intermediate downslope public safety risk.

History

Statutory/Other Authority: ORS 527.710(10)
Statutes/Other Implemented: ORS 527.630(5), 527.674 & 527.714
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03

Or. Admin. R. 629-623-0800 Hazard Mitigation and Risk Reduction Projects

(1) Completed landslide mitigation projects can be used to lower the shallow, rapidly moving landslide impact rating as described in OAR 629-623-0250.

(a) The landowners who own structures and are directly affected by the impact rating must agree to landslide mitigation.

(b) Structural measures designed and inspected by a geotechnical specialist are the preferred mitigation strategy.

(2) Landowners may remove trees on high landslide hazard locations above habitable structures or paved public roads where the public safety risk from trees blowing over is equal to or higher than the public safety risk from landslides. Supporting evidence for removing these trees must be included in the written plan required by OAR 629-623-0700.

(3) A homeowner may submit evidence in the form of a risk management plan to the State Forester to lower the exposure category (OAR 629-623-0200) from Exposure Category A to Exposure Category B. Risk management plans shall include:

(a) An evacuation plan that substantially reduces the risk to residents and visitors during periods when shallow, rapidly moving landslides may occur;

(b) A copy of the property title showing full disclosure of the elevated landslide hazard on that property, including a statement that it is the homeowner's responsibility to inform residents and visitors of the elevated landslide hazard and of the necessity to comply with the evacuation plan;

(c) Assumption by the homeowner of all liability for injury and property damage associated with shallow, rapidly moving landslides initiating within the operation; and

(d) The signatures of the homeowner and of a notary public.

History

Statutory/Other Authority: ORS 527.710(10)
Statutes/Other Implemented: ORS 527.630(5) & 527.714
DOF 13-2002, f. 12-9-02 cert. ef. 1-1-03

Division 625 FOREST ROAD CONSTRUCTION AND MAINTENANCE

Or. Admin. R. 629-625-0000 Purpose

(1) Forest roads are essential to forest management and contribute to providing jobs, products, tax base, and other social and economic benefits.

(2) OAR 629-625-0000 through 629-625-0920 shall be known as the road construction and maintenance rules.

(3) The purpose of the road construction and maintenance rules is to establish standards for locating, designing, constructing, and maintaining efficient and beneficial forest roads; locating and operating rock pits and quarries; identifying active and inactive roads that have fish passage barriers or contribute sediment to waters of the state, to correct conditions; and to vacate roads, rock pits, and quarries that are no longer needed in manners that provide the maximum practical protection to maintain forest productivity, water quality, and fish and wildlife habitat.

(4) To achieve the goals of the division, all roads will be designed, constructed, improved, maintained, or vacated to:

(a) Prevent or minimize sediment delivery to waters of the state;

(b) Ensure passage for covered species during all mobile life-history stages;

(c) Prevent or minimize drainage or unstable sidecast in areas where mass wasting could deliver sediment to public resources or threaten public safety;

(d) Prevent or minimize hydrologic alterations of the channel;

(e) Prevent or minimize impacts to stream bank stability, existing stream channel, and riparian vegetation;

(f) To the maximum extent practicable, hydrologically disconnect forest roads and landings from waters of the state; and

(g) Avoid, minimize, and mitigate loss of wetland function.

(5) The road construction and maintenance rules shall apply to all forest practices regions unless otherwise indicated.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-625-0100 Written Plans for Road Construction

(1) A properly located, designed, and constructed road greatly reduces potential impacts to water quality, forest productivity, fish, and wildlife habitat. To prevent improperly located, designed, or constructed roads, a written plan is required in the sections listed below.

(2) In addition to the requirements of the water protection rules, operators must submit a written plan to the State Forester before:

(a) Constructing a road where there is an apparent risk of road-generated materials entering waters of the state from direct placement, rolling, falling, blasting, landslide, or debris flow;

(b) Conducting machine activity in Type F, Type SSBT, Type D streams, Type N streams, lakes, or significant wetlands;

(d) Constructing or reconstructing any water crossing, in all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals, as described in OAR 629-625-0320 Water Crossing Structures; or

(e) Constructing roads in critical locations, as described in OAR 629-625-0200(3): Road Location.

(3) Operators shall submit a written plan to the State Forester before constructing roads on high landslide hazard locations. Operators and the State Forester shall share responsibility to identify high landslide hazard locations and to determine if there is public safety exposure from shallow, rapidly moving landslides using methods described in OAR 629-623-0000 through 0300. If there is public safety exposure, then the practices described in OAR 629-623-0400 through 0800 shall also apply.

(4) In addition to the requirements of the water protection rules, operators shall submit a written plan to the State Forester before placing woody debris or boulders in stream channels for stream enhancement.

(5) In addition to the written plan requirements of OAR 629-605-0170(12) and (13), the operator shall include an assessment of the following factors in their written plan for all water crossings as described by OAR 629-625-0320:

(a) Operator transportation needs, road location, road management objectives, and land ownership;

(b) The specific resources that may be impacted by construction or reconstruction of the water crossing, including aquatic species, habitats, and conditions; floodplain values, terrestrial species, and water uses;

(c) The specific risk factors at the watershed-scale, including geologic or geomorphic hazards, event history, past and projected land management, crossing maintenance history, regional channel stability, and projected watershed conditions over the life of the crossing structure;

(d) The specific risk factors at the site scale, including channel stability, potential for blockage by debris, floodplain constriction, large elevation changes across infrastructure, channel sensitivity to change, consequences of site failure to resources, and potential stream geomorphic changes over the life of the crossing structure;

(e) The specific techniques and methods employed for resource protection; and

(f) Additional information relevant to the proposed crossing structure as determined by the State Forester.

(6) Regarding water crossing structures for fills over 15 feet, if the conditions outlined in OAR 629-625-0320(1)(b)(B) are met operators shall submit a written plan to the State Forester.

(7) In addition to the written plan requirements in OAR 629-605-0170(12) and (13), written plans for Type F and Type SSBT streams shall include the following:

(a) Stream name;

(b) Stream size;

(d) Stream basin;

(e) Watershed tributary area;

(f) Calculated 100-year peak flow, developed consistent with Forest Practices Technical Guidance under OAR 629-625-0300(3)(a);

(g) Measured stream gradient;

(h) Bankfull channel width;

(i) Structure location;

(j) Structure type;

(k) Structure size, including but not limited to culvert diameter, rise, span, length, and bridge width;

(l) Planned culvert grade or elevation change;

(m) Planned culvert embedment depth range;

(n) Planned culvert embedment material;

(o) Calculated structure flow capacity;

(p) Bridge freeboard, as applicable;

(q) Road name or number;

(r) Road surface type;

(s) Drainage plan;

(t) Installation time frame;

(u) Equipment access;

(v) Stream isolation method, including but not limited to stream diversions, bypasses, pumping; and

(w) Expected riparian management area tree removal.

History

Statutory/Other Authority: ORS 527.710(2) & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.630(3), 527.765, 527.714 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
DOF 12-2002, f. 12-9-02 cert. ef. 1-1-03
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-625-0200 Road Location

(1) The purpose of this rule is to ensure roads are located where potential impacts to waters of the state are minimized and hydrologic connectivity between roads and waters of the state is reduced to the maximum extent practicable.

(2) When locating roads, operators shall designate road locations which minimize the risk of materials entering waters of the state and minimize disturbance to channels, lakes, wetlands, and floodplains.

(3) Critical Locations . Operators shall avoid locating roads in critical locations. When alternate routes that avoid critical locations are not legally feasible due to ownership boundaries or other legal impediments, physically feasible due to safety considerations, or would have a greater environmental risk, operators may locate roads in critical locations, consistent with sections (4) and (5) of this rule. Critical locations include:

(a) High landslide hazard locations. If there is public safety exposure, then the practices described in OAR 629-623-0400 through 0800 shall also apply.

(b) Slopes over 60 percent with decomposed granite-type soils.

(d) Within significant wetlands as described in OAR 629-600-0100, stream-associated wetlands as described in OAR 629-600-0100, or other wetlands greater than 0.25 acres in size.

(e) Any active stream channel, exclusive of stream crossings in compliance with OAR 629-625-0320.

(f) Locations parallel to, and within a riparian management area for a distance exceeding a cumulative 500 feet of road length measured from the first point of entry into the riparian management area to the last point of exit from the riparian management area, exclusive of stream crossings in compliance with OAR 629-625-0320.

(g) High landslide hazard locations where rock is likely to be highly sheared or otherwise unstable so that it is not possible to excavate a stable cutslope. If such a cutslope failure may divert road surface drainage to a high landslide hazard location and could trigger a debris flow below the road with potential for delivery to a stream, that road shall not be constructed unless the operator demonstrates that the cutslope can be stabilized by buttressing or other means.

(h) Locations cutting through the toe of active or recently active deep-seated landslide deposits and where a reactivated landslide would likely enter waters of the state.

(i) Highly dissected, steep slopes where it is not possible to fit the road to the topography with full bench end haul construction.

(4) Critical Locations Written Plan. All written plans for road construction in critical locations shall be reviewed on site and reviewed by the State Forester with consultation from a qualified professional as appropriate for the site, including, but not limited to, the department, Department of Environmental Quality, and Department of Fish and Wildlife. Onsite review and consultation must occur within 14 days from the date the written plan was received, otherwise the operator may continue with operations, consistent with the written plan and consistent with written plan review timelines in ORS 527.670(10) and OAR 629-605-0170(10) and (11).

(5) Operators must outline all road construction in critical locations in a written plan. The written plan shall include a narrative describing why alternative routes are not feasible or would have greater environmental risk.

(6) Operators shall minimize the number of stream crossings.

(7) To reduce the duplication of road systems and associated ground disturbance, operators shall make use of existing stable and functioning roads where practical. Where roads traverse land in another ownership and will adequately serve the operation, operators shall investigate options for using those roads before constructing new roads. Operators who submit notifications that include new road construction shall affirm that options, if they exist, were investigated.

History

Statutory/Other Authority: ORS 527.710(2) & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.630(3), 527.765, 527.714 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 12-2002, f. 12-9-02 cert. ef. 1-1-03
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-625-0300 Road Design

(1) The purpose of OAR 629-625-0300 through 629-625-0330 is to provide design specifications for forest roads that protect water quality.

(2) Operators shall design and construct roads to limit the alteration of natural slopes and drainage patterns to that which will safely accommodate the anticipated use of the road and will also protect waters of the state.

(3) The department shall publish Forest Practices Technical Guidance that explains how to avoid and prevent potential impacts to fish, wildlife, habitat resources, and waters of the state, in support of the following rules:

(a) OAR 629-625-0320(3)(a) to explain how to implement the rule for the 100-year peak flow, at a minimum, every 10 years to incorporate the most recent peak flow data.

(b) OAR 629-625-0200(5) to explain and describe the content of written plans for road construction in critical locations.

(c) OAR 629-625-0320(10) to explain how to implement rules for the construction and reconstruction for all water crossings updated every 10 years, at a minimum.

(d) OAR 629-625-0320(10)(c) to explain how to develop a chemical spill prevention and response plan.

(e) OAR 629-625-0320(10)(d) to explain how to implement rules for in-water work, worksite isolation, and dewatering updated every ten years, at a minimum.

(f) OAR 629-625-0320(10)(d)(A)(ii) to explain how to implement rules for replacing stream crossing structures outside normal in-water work periods.

(g) OAR 629-625-0330(1) to explain how to implement rules to hydrologically disconnect forest roads and landings from waters of the state.

(h) OAR 629-625-0910(6) to explain how to identify abandoned roads and bring them into compliance with the forest practice rules.

(i) OAR 629-625-0800(1) to explain how to avoid or minimize and mitigate for all road and landing construction near or within a significant wetland, stream-associated wetland, or wetlands greater than 0.25 acres in size when impacts are unavoidable.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 3-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-625-0310 Road Prism

(1) Operators shall use variable grades and alignments to avoid less suitable terrain so the road prism is the least disturbing to protected resources, avoids steep sidehill areas, wet areas, and potentially unstable areas as safe, effective vehicle use requirements allow.

(2) Operators shall end-haul excess material from steep slopes or high landslide hazard locations where needed to prevent landslides.

(3) Operators shall design roads no wider than necessary to accommodate the anticipated use and minimize environmental impacts to waters of the state and covered species from new road construction. The running surface width shall average not more than 32 feet for double lane roads and 20 feet for single lane roads, exclusive of ditches plus any additional width necessary for safe operations for fill widening or on curves, turnouts, and landings.

(4) Operators shall design cut and fill slopes to minimize the risk of landslides.

(5) Operators shall stabilize road fills as needed to prevent fill failure and subsequent damage to waters of the state using compaction, buttressing, subsurface drainage, rock facing, or other effective means.

(6) Operators shall utilize end-haul construction and not place fill within the riparian management area of a stream or within 75 feet of a stream channel where a riparian management area is not required, excluding crossings and approaches to crossings.

History

Statutory/Other Authority: ORS 527.710(2) & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.630(3), 527.765, 527.714 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 12-2002, f. 12-9-02 cert. ef. 1-1-03
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-625-0320 Water Crossing Structures

(1) Operators shall design and construct all water crossing structures in all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals to:

(a) Minimize excavation of side slopes near the channel.

(b) Minimize the volume of material in the fill.

(A) Operators shall minimize fill material by restricting the width and height of the fill to the amount needed for safe use of the road by vehicles, and by providing adequate cover over the culvert or other drainage structure.

(B) Fills over 15 feet deep contain a large volume of material that can be a considerable risk to downstream beneficial uses if the material moves downstream by water. Consequently, for any fill over 15 feet deep operators shall submit to the State Forester a written plan that describes the fill and drainage structure design. Written plans shall include a design that minimizes the likelihood of:

(i) Surface erosion;

(ii) Embankment failure; and

(iii) Downstream movement of fill material.

(C) The operator shall armor fills against erosion where large fills over 15 feet deep are determined to be necessary by the State Forester.

(d) Minimize hydrologic connectivity for adjacent roadway.

(e) Avoid or minimize alterations or disturbances to stream channel, bed, bank, or bank vegetation to that which is necessary to construct the water crossing structure. Operators shall limit the alteration or disturbance of stream bed, bank, or bank vegetation to that which is necessary to construct the project.

(f) Plant disturbed stream banks with native woody species or stabilize with other erosion control techniques.

(g) Ensure that streamflow is not likely to be diverted out of its channel if the crossing fails.

(h) Preserve water quality and unobstructed flow.

(i) Route and deposit temporarily turbid water from crossing projects to the forest floor in an upland area, or above the 100-year flood level if present, to allow removal of fine sediment and other contaminants prior to discharge to waters of the state.

(j) When the State Forester determines that installing a water crossing in a flowing stream will cause excessive sedimentation and turbidity, and sedimentation and turbidity would be reduced if stream flow were diverted, operators shall divert stream flow using a bypass flume or culvert, or by pumping the stream flow around the work area. In this situation, operators may install culverts within 0.25 miles of a Type F or Type SSBT stream or within two miles of a hatchery intake.

(k) For water crossing structures on Type F and Type SSBT streams, operators shall, consistent with the rules in this section:

(A) Avoid or minimize impacts to fish and their spawning and rearing habitat;

(B) Minimize the loss of fish life during the project; and

(C) Ensure free and unimpeded fish passage at all flows when fish are expected to move through the life of the structure.

(2) In selecting a crossing design strategy, operators constructing or reconstructing crossings in all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals shall first consider vacating the water crossings. For water crossings in all Type F and Type SSBT streams where vacating the water crossing is not feasible or desired by the landowner, permanent channel-spanning structures shall be prioritized before other crossing strategies. This section does not require the landowner to utilize any specific crossing design strategy.

(3) Operators shall design and construct permanent water crossings to:

(a) Convey, at a minimum, the 100-year peak flow in Type N and D non-fish streams and in Type F and Type SSBT streams. When determining the size of the culvert needed to convey a flow corresponding to the 100-year return interval, operators shall select a size adequate to preclude the ponding of water higher than the top of the culvert.

(b) Operators shall design permanent water crossing culverts in Type F and Type SSBT streams using the stream simulation approach. Water crossing design in Type F and Type SSBT streams shall consider and incorporate the stream’s geomorphic processes and anticipated changes over the life of the structure. Operators shall design water crossings in Type F and Type SSBT streams to allow for the movement of water, wood, sediment, and organisms to the maximum extent feasible and minimize obstacles to stream processes. The design of the water crossings in Type F and Type SSBT streams shall avoid fragmentation of aquatic habitats by replicating the natural conditions of the stream being crossed. Where the operator determines it is not possible to achieve stream simulation, operators may propose alternatives if the alternative can accommodate a 100-year peak flow and does not obstruct fish passage.

(c) The State Forester may require a larger crossing design if division staff determines, in consultation with department specialists, that the structure size designed to pass the 100-year peak flow is inadequate to:

(A) Avoid delivery of sediment to the water being crossed;

(B) Avoid stream diversion potential; and

(4) Permanent Channel-Spanning Structures. For permanent channel-spanning structures, including long and short-span bridges, and open-bottom culverts, that span the entire bankfull width of the stream, operators shall design and construct the structure to conform with all the following:

(a) Permanent channel-spanning structures have at least three feet of clearance between the bottom of the bridge structure and the water surface at the 100-year peak flow, unless engineering justification shows a lower clearance will allow the free passage of anticipated sediment and large wood.

(b) Place the bridge structure or stringers in a manner to minimize damage to the stream bed.

(c) Tie or firmly anchor one end of each new, or reconstructed, permanent log or wood bridge if any of the bridge structure is within 10 vertical feet of the 100-year flood level.

(d) When earthen materials are used for bridge surfacing, install only clean sorted gravel, a geotextile lining or equivalent barrier, and install curbs of sufficient size to a height above the surface material to prevent surface material from falling into the stream bed.

(e) Place wood removed from the upstream end of bridges at the downstream end of bridges in such a way as to minimize obstruction of fish passage to the extent practical, while avoiding significant disturbance of sediment in connection with maintenance activities.

(f) Abutments, piers, piling, sills, and approach fills shall not constrict the flow so as to cause any appreciable increase (not to exceed 0.2 feet) in backwater elevation (calculated at the 100-year flood level) or channel wide scour and shall be aligned to cause the least effect on the hydraulics of the watercourse.

(g) Excavation for and placement of the foundation and superstructure is outside the ordinary high-water line unless the construction site is separated from the stream by an approved dike, cofferdam, or similar structure.

(h) Cure wood or other materials treated with preservatives sufficiently to minimize leaching into the water or bed. The use of creosote or pentachlorophenol is not allowed. Cure structures containing concrete sufficiently prior to contact with water to avoid leaching.

(i) Design permanent channel-spanning structures in Type F and Type SSBT streams using stream simulation and comply with the following:

(A) Channel-spanning structures shall not constrict clearly defined channels; and

(B) Channel-spanning structures shall establish a low-flow channel that will allow for fish movement during low-flow periods.

(5) Permanent Water Crossing Culverts. For permanent water crossing culverts in all streams, operators shall design and construct culverts to conform with all the following:

(a) Design and install culverts so they will not cause scouring of the stream bed and erosion of the banks in the vicinity of the project.

(b) Design the culvert to avoid stream diversion potential.

(c) The culvert and its associated embankments and fills must have sufficient erosion protection to withstand the 100-year peak flow. Erosion protection may include armored overflows or the use of clean coarse fill material.

(d) Place wood removed from the upstream end of culverts at the downstream end of culverts in such a way as to minimize obstruction of aquatic organism passage to the extent practical, while avoiding significant disturbance of sediment in connection with maintenance activities.

(e) Limit disturbance of the bed and banks to what is necessary to place the culvert and any required channel modification associated with it. Revegetate, or stabilize with other erosion control techniques, affected bed and bank areas outside the culvert and associated fill with native woody species. Maintain native woody species for one growing season.

(f) Do not install permanent water crossing culverts that are less than 18 inches in diameter.

(6) Permanent Water Crossing Culverts in Fish Streams. For permanent water crossing culverts in Type F and Type SSBT streams, operators shall conform to (5)(a) through (f) and design and construct culverts using a stream simulation as follows:

(a) For no slope culverts and those up to one percent gradient, the minimum culvert diameter or span is at least equivalent to the active channel width. For other culvert installations, the minimum culvert diameter or span is at least 1.2 times the active channel width, plus 2 feet.

(b) Alignment and slope. The alignment and slope of the culvert shall mimic the natural flow of the stream when possible. The slope of the reconstructed streambed within the culvert shall approximate the average slope of the adjacent stream from approximately ten channel widths upstream and downstream of the site in which it is being placed, or in a stream reach that represents natural conditions outside the zone of the road crossing influence.

(c) Embedment. If a culvert is used, bury the bottom of the culvert into the streambed not less than 30 percent and not more than 50 percent of the culvert height for round culverts and for pipe arch culverts not less than 15 percent and no more than 30 percent For bottomless culverts, design the footings or foundation for the deepest anticipated scour depth.

(d) Maximum length. If the design for a new crossing on a new road would require a culvert longer than 150 feet, utilize a channel spanning structure unless the site-specific design constraints preclude the use of a channel spanning structure.

(e) Culvert bed materials. Culvert bed materials shall have a similar composition to natural bed materials that form the natural stream channels adjacent to the road crossing in the reference reach. Design the culvert to allow sufficient transported bed material to maintain the integrity of the streambed over time.

(A) New water crossings in Type F and SSBT streams shall require manual placement of culvert bed materials during bed construction.

(B) Operators may select natural accumulation for reconstruction of water crossings where feasible. Operators that select natural accumulation of culvert bed materials shall document in the written plan the site conditions and design elements that will facilitate natural accumulation in sufficient detail to allow the State Forester to evaluate and comment on the likelihood that the operation will comply with the requirements under (1)(k) and the requirements of (3) and (6) of this rule.

(i) The threshold to determine that natural accumulation has occurred shall be when the culvert meets the embedment standard under subsection (6)(c) of this rule.

(ii) The operator shall provide the following information in the notification for an extension of a natural accumulation project to the State Forester:

(I) An assessment of current culvert bed material accumulation within the culvert; and

(II) An assessment of the material available for transport and accumulation within the culvert.

(iii) If the culvert does not meet the natural accumulation threshold under (i) after the second winter season following the installation of the crossing and no later than July 1, the operator shall submit a new notification to the State Forester detailing how the operator will mechanically place culvert bed materials in order to achieve (6)(c) before September 30 of the same year. The department shall visually inspect the culvert by December 30 of that year to confirm the crossing meets (6)(c).

(f) Water velocity. The maximum velocity in the culvert shall not exceed the maximum velocity in the narrowest channel cross-sections.

(7) Fords. For fords, operators shall design and construct those structures to meet all the following criteria:

(a) The entry and exit points of a new ford must not be within 100 feet upstream or downstream of another ford within a property ownership.

(b) Use fords only during periods of no or low stream flow (whether dry or frozen) to minimize the delivery of sediment to the stream.

(c) Install fords only in a dry streambed or when a site is de-watered. The written plan shall describe sediment control and flow routing plans and the project, as implemented, must meet the criteria outlined in the written plan.

(d) Approaches to the structure shall not dam the floodplain where substantial overbank flow occurs.

(e) The ford shall cross as near to perpendicular to the channel to minimize the disturbance area and reduce post-installation maintenance.

(f) The ford shall minimize the acceleration of flow through the ford.

(g) For Type F and Type SSBT streams, any ford structure shall:

(A) Be no wider than 16 feet;

(B) Installed and maintained to ensure scour has not created a barrier to fish passage; and

(C) Installed and maintained to ensure free and unimpeded fish passage at all flows when fish are expected to move through the structure.

(8) Temporary Water Crossings. For temporary water crossings, operators shall design and construct those structures to conform with the following:

(a) Design temporary water crossings in Type N and Type D streams to pass at minimum the flows expected during crossing use with a minimum culvert diameter of 18 inches.

(b) Use temporary water crossings in Type F and Type SSBT streams only during the in-water work period defined by the Department of Fish and Wildlife, or when the department in consultation with the Department of Fish and Wildlife and applicant can agree to specific dates of installation and removal, and the extended dates result in equivalent levels of resource protection.

(c) Identify temporary water crossings on the forest practices notification and written plan as required in OAR 629-625-0100(2)(d), along with a vacating date.

(d) Only use temporary water crossings on Type N and Type D streams:

(A) In Western Oregon if installed after June 1 and removed no later than September 30 of the same year;

(B) In Eastern Oregon if installed after July 1 and removed no later than October 15 of the same year; or

(C) When the department and applicant agree to specific dates of installation and removal, and the extended dates result in equivalent levels of resource protection. The department may consult with Department of Fish and Wildlife before extending the dates.

(e) Install temporary water crossings in the dry streambed or in isolation from stream flow by the installation of a bypass flume or culvert, or by pumping the stream flow around the work area. The State Forester may grant an exception to the operator if siltation or turbidity is reduced by placing the culvert in the flowing stream as an alternative to dewatering.

(f) Limit the bypass reach to the minimum distance necessary to complete the project.

(g) Vacate temporary water crossings to the specifications outlined in OAR 629-625-0650.

(h) The State Forester may waive removal of the water crossing if the operator secures an amended written plan, and the structure and its approaches meet the requirements of a permanent water crossing structure as outlined in Sections (4) to (7) of this rule.

(i) Limit the disturbance of the bed and banks to that which is necessary to place the temporary water crossing and any required channel modification associated with it.

(9) Other Design Strategies. The operator shall submit their design strategies to the State Forester for approval:

(a) Submit any alternative water crossing strategy that does not conform with sections (4) to (8) of this rule to the State Forester as a plan for alternative practice. The State Forester may approve the plan for alternate practice in consultation with Department of Fish and Wildlife.

(b) The State Forester may consider other designs if they can meet or exceed the standards in sections (4) to (8) of this rule.

(10) Construction of Water Crossings. In the construction of water crossings, operators shall do the following:

(a) Comply with all relevant forest road construction and maintenance rules in the construction or reconstruction of all water crossings. Nothing in this section affects existing requirements of Department of Fish and Wildlife.

(b) Runoff, Erosion and Sediment. Operators shall control runoff, erosion, and sediment through the following actions:

(A) Include a site-specific erosion and sediment control plan as part of a written plan prior to beginning work. This plan must include, but is not limited to:

(i) A site plan with a description of the methods of erosion or sediment control;

(ii) Methods for confining, removing, and disposing of excess construction materials; and

(iii) Measures to disconnect road surface and ditch water from all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals.

(B) Treat areas of bare soil that could deliver sediment to all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals. Treatments must include, but are not limited to:

(i) Prior to project construction, establish effective drainage; before September 30 in Western Oregon and October 15 in Eastern Oregon. Effective drainage may be established at other times when the department and applicant can agree to specific dates of installation and removal, and the extended dates result in equivalent levels of resource protection;

(ii) Before the start of the rainy season and no later than September 30 in Western Oregon and October 15 in Eastern Oregon, mulch or seed areas of bare soil, or any combination thereof to reduce surface erosion; and

(iii) Upon completion of construction, apply native seed, invasive species-free mulch, or any combination thereof to sites with the potential for sediment delivery to all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals. Operators must apply invasive species-free mulch to stay in place.

(A) The operator shall maintain a spill prevention and response plan on site during construction.

(B) The operator shall not allow uncured concrete or concrete by-products to enter waters of the state during construction. The operator shall seal all forms for concrete to prevent uncured concrete from entering waters of the state.

(C) The operator shall take measures to ensure that all materials and equipment used for construction, monitoring, and fish salvage are free of aquatic invasive species.

(D) The operator shall not use wood treated with creosote or pentachlorophenol for parts of the structure in or over the active channel, including pilings, beams, structural supports, and decking.

(E) The operator shall not allow chemicals or any other toxic or harmful materials to enter into waters of the state.

(d) In-Water Work, Worksite Isolation, and Dewatering. To address in-water work, worksite isolation and dewatering needs of water crossing projects, operators shall do the following:

(A) Develop an in-water work plan for water crossings in all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals in their written plan. The plan may include, but is not limited to, fish salvage, worksite isolation, and dewatering. The written plan shall address in detail all in-channel construction activities and how the activities will adhere to all relevant forest practice rules forest road requirements. For all streams, the written plan shall describe:

(i) Activities during the in-water work period defined by the Department of Fish and Wildlife; or

(ii) Activities outside the in-water work period when the department, in consultation with Department of Fish and Wildlife, and applicant can agree to specific dates of installation and removal, and the extended dates result in equivalent levels of resource protection.

(B) Construct water crossings in compliance with Department of Fish and Wildlife fish passage and in-water work period requirements.

(i) Worksite isolation:

(I) Operators must isolate any work area within the width of the bankfull channel from water in the active channel at times when fish are reasonably certain to be present in a Type F or Type SSBT stream.

(II) When constructing water crossings in Type F and Type SSBT streams with any stream bypass, operators shall have an exclusion and recovery plan to ensure safe capture and relocation of fish trapped in the work zone when stream flow has been diverted.

(III) Prior to construction site dewatering, operators shall capture and relocate fish to avoid direct mortality to the maximum extent practicable.

(IV) Operators shall salvage fish to the maximum extent practicable at any in-water construction site where dewatering and resulting isolation of fish may occur.

(V) Operators shall remove all isolation features after construction is complete and submit a written salvage report to the department.

(ii) Dewatering:

(I) Operators shall not dewater areas known to be occupied by lamprey, unless the operator submits a lamprey salvage plan to the State Forester in consultation with the Department of Fish and Wildlife.

(II) Operators shall conduct dewatering of the isolated area in a manner that prevents sediment-laden water from reentering the stream.

(III) Operators shall limit dewatering to the shortest linear extent of the stream as practicable.

(IV) Operators shall conduct dewatering over a sufficient period to allow species to naturally migrate out of the work area.

(11) Monitoring. Landowners shall develop and implement a monitoring program for periodic inspections of all Type F and Type SSBT stream crossings that includes:

(a) Visual inspection to confirm that the crossing is functional; and

(b) Monitoring occurs at least once every 5 years.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.674, 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-625-0330 Drainage

(1) All active, inactive, and vacated forest roads and landings shall be hydrologically disconnected to the maximum extent practicable from waters of the state to minimize sediment delivery from road runoff and reduce the potential for hydrological changes that alter the magnitude and frequency of runoff. Operators shall locate drainage structures based on the priority listed below. When there is a conflict between the requirements of sections (2) through (7) of this rule, the lowest numbered section takes precedence and the operator shall not implement the later numbered and conflicting section.

(2) Operator shall not install cross-drains and ditch-relief culverts in a way that causes stream diversion.

(3) Operators shall not concentrate road drainage water into headwalls, slide areas, high landslide hazard locations, or steep erodible fillslopes.

(4) Operators shall not divert water from stream channels into roadside ditches.

(5) Operators shall install drainage structures at approaches to stream crossings to divert road runoff from entering the stream. If placement of a single drainage structure cannot be placed in a location where it can effectively limit sediment from entering the stream, then additional drainage structures, road surfacing, controlling haul, or other site-specific measures shall be employed so that the drainage structure immediately prior to the crossing will effectively limit sediment from entering the stream. Operators may also use best management practices to manage sediment at the outflow of the drainage structure nearest to the crossing.

(6) Operators shall provide drainage when roads cross or expose springs, seeps, or wet areas.

(7) Operators shall provide a drainage system that minimizes the development of gully erosion of the road prism or slopes below the road using grade reversals, surface sloping, ditches, culverts, waterbars, or any combination thereof. For new road construction, operators shall use outsloping to the maximum extent practicable when site-specific conditions allow for its safe and effective use.

(8) The department shall publish Forest Practices Technical Guidance to assist operators with road drainage rule compliance and to explain how to avoid and prevent potential impacts to fish, wildlife, habitat resources, and waters of the state.

History

Statutory/Other Authority: ORS 527.710(2) & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.630(3), 527.765, 527.714 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 12-2002, f. 12-9-02, cert. ef. 1-1-03
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-625-0400 Road Construction

OARs 629-625-0400 through 629-625-0440 provide standards for disposal of waste materials, drainage, stream protection, and stabilization to protect water quality during and after road construction.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-625-0410 Disposal of Waste Materials

(1) Operators shall place debris, sidecast, waste, and other excess materials associated with constructing, maintaining, or vacating roads in stable locations outside of the riparian management area where these materials may not enter all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals or otherwise degrade aquatic resources after construction.

(2) Operators shall select stable areas for the disposal of end-haul materials and shall prevent overloading areas which may become unstable from additional material loading.

(3) If other alternatives present are unstable or there is a higher potential for delivery of waste materials to all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals, operators may place waste materials within the riparian management area but no closer than 75 feet from all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals. To place waste materials within the riparian management area but no closer than 75 feet from a water of the state, operators must submit written plan that describes site-specific measures that prevent or minimize the entry of these materials to all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals.

(4) If the protections of a riparian management area are not required, operators shall place waste materials at a minimum of 75 feet from all typed waters and lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals.

(5) Operators shall develop a written plan for temporary placement of waste materials within the riparian management area that is necessary for constructing or vacating roads and crossings that describes site-specific measures that prevent or minimize the entry of these materials to waters of the state and the timeframe for removal of those waste materials.

(6) Woody debris, rocks, or other materials placed for erosion control or for habitat restoration are exempt from this rule.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-625-0440 Stabilization

(1) Operators shall establish effective drainage and stabilize exposed material, which is potentially unstable or erodible to avoid potential delivery of sediment to waters of the state, by use of seeding, mulching, riprapping, leaving light slash, pull-back, or other effective means, as soon as practicable after completing operations or prior to the start of the rainy season. These areas include, but are not limited to, unsurfaced road grades, cut slopes, fill slopes, ditchlines, waste disposal sites, rock pits, and other areas with the potential for sediment delivery to waters of the state.

(2) During wet periods operators shall construct roads in a manner which prevents sediment from entering waters of the state.

(3) Operators shall not incorporate slash, logs, or other large quantities of organic material into road fills.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-625-0500 Rock Pits and Quarries

(1) The development, use, and abandonment of rock pits or quarries which are located on forestland and used for forest management shall be conducted using practices which maintain stable slopes and protect water quality.

(2) Operators shall not locate quarry sites in channels.

(3) When using rock pits or quarries, operators shall prevent overburden, solid wastes, or petroleum products from entering waters of the state.

(4) Operators shall stabilize banks, headwalls, and other surfaces of quarries and rock pits to prevent surface erosion or landslides.

(5) When a quarry or rock pit is inactive or vacated, operators shall leave it in the conditions described in section (4) of this rule, shall remove from the forest all petroleum-related waste material associated with the operation, and shall dispose of all other debris so that such materials do not enter waters of the state.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0111
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94
FB 5-1978, f. & ef. 6-7-78
FB 40, f. 6-5-75, ef. 7-1-75

Or. Admin. R. 629-625-0600 Road Maintenance

(1) The purpose of this rule is to protect water quality and ensure hydrologic disconnection of roads from waters of the state to the maximum extent practicable by timely maintenance of all active and inactive roads. Road surface must be maintained as necessary to:

(a) Minimize erosion of the surface and the subgrade;

(b) Minimize direct delivery of surface water to waters of the state;

(d) Direct any groundwater that is captured by the road surface onto stable portions of the forest floor;

(e) Ensure properly functioning and durable drainage features; and

(f) For existing roads with inboard ditch, avoid overcleaning of ditchlines.

(2) Operators shall inspect and maintain culvert inlets and outlets, drainage structures, and ditches before and during the rainy season as necessary to minimize the likelihood of impeding flow and the possibility of structure failure.

(3) Operators shall provide effective road surface drainage, such as water barring, surface crowning, constructing sediment barriers, or outsloping prior to the rainy and runoff seasons.

(4) When applying road oil or other surface stabilizing materials, operators shall plan and conduct the operation in a manner as to prevent entry of these materials into waters of the state.

(5) Operators shall maintain, and repair active and inactive roads as needed to minimize damage to waters of the state. This may include maintenance and repair of all portions of the road prism during and after intense winter storms, as safety, weather, soil moisture, and other considerations permit.

(6) Operators shall place material removed from ditches in a stable location.

(7) Operators shall install drainage structures on ditches that capture groundwater.

(8) Where needed to protect water quality, as directed by the State Forester, operators shall place additional cross drainage structures on existing active roads within their ownership prior to hauling to meet the requirements of PAR 629-625-0330.

(9) In order to maintain fish passage through water crossing structures, operators shall:

(a) Maintain conditions at the structures so that passage of adult and juvenile fish is not impaired during periods when fish movement normally occurs;

(b) As reasonably practicable, keep structures cleared of woody debris and deposits of sediment that would impair fish passage; and

(c) Adhere to other fish passage requirements under the authority of ORS 509.580 through 509.910 and OAR 635-412-0005 through 635-412-0040 administered by other state agencies that may be applicable to water crossing structures.

History

Statutory/Other Authority: ORS 527.710(2) & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.630(3), 527.765, 527.714 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 12-2002, f. 12-9-02 cert. ef. 1-1-03
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-625-0650 Vacating Forest Roads and Water Crossings

(1) The purpose of this rule is to ensure that when landowners choose to vacate roads under their control, the roads are left in a condition where road-related damage to waters of the state is unlikely.

(2) To vacate a forest road, landowners shall effectively block the road to prevent continued use by vehicular traffic and shall take all reasonable actions to leave the road in a condition where road-related damage to waters of the state is unlikely.

(3) To vacate a water crossing, landowners shall completely and permanently remove all water crossing structures, including bridges, culverts, fords, and associated fills. Vacating water crossings must re-establish the natural drainage with no additional maintenance required.

(4) To vacate a road, a forest landowner must complete procedures of (a) through (c) of this subsection:

(a) Outslope, water bar, or storm-proof roads or otherwise leave roads in a condition suitable to control erosion and maintain water movement within wetlands and natural drainages.

(b) Leave ditches in a suitable condition to reduce erosion.

(c) Remove water crossing structures and fills on waters of the state unless the department determines other measures would adequately protect public resources.

(5) To vacate a water crossing, a forest landowner must complete procedures (a) through (g) of this subsection:

(a) Re-establish channel connectivity.

(b) Meet the Department of Fish and Wildlife fish passage definition in OAR 635-412-0005 and comply with Department of Fish and Wildlife in-water work period requirements.

(d) Remove all water crossing structures and all imported road fill material.

(e) Restore the channel, banks, and side slopes to:

(A) Establish the natural streambed and banks as close to the original location as possible to restore or enhance stream conditions and processes to an equivalent width, depth, gradient, and substrate composition as the channel segments upstream and downstream from the crossing;

(B) Ensure stable side slopes that do not exceed a 2 horizontal to 1 vertical ratio, unless matching the natural stream bank or valley walls;

(D) Require erosion control to address sediment delivery from exposed slopes;

(E) Place all excavated material in stable locations and outside of the floodplain;

(F) Ensure zero or near-zero road related hydrologic connectivity at the entire site; and

(G) Plant exposed stream banks or valley walls with native trees or shrubs to help expedite development of a functioning riparian condition.

(f) The landowner shall notify the State Forester that a road or crossing is vacated. The State Forester has 30 days to determine whether the road or crossing has been vacated and to notify the landowner in writing. If the State Forester does not respond within 30 days, the road is presumed to be vacated.

(g) Roads and crossings are exempt from maintenance under this section only after sections (4) and (5) of this section is completed.

(h) The department shall publish Forest Practices Technical Guidance to assist operators with rule compliance and to explain how to avoid and prevent potential impacts to fish, wildlife, habitat resources, and waters of the state.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-625-0700 Wet Weather Road Use

(1) The purpose of this rule is to reduce delivery of fine sediment to streams caused by the use of forest roads during wet periods that may adversely affect downstream water quality in Type F, Type SSBT or Type D streams.

(2) Operators shall use durable surfacing or other effective measures that resist deep rutting or development of a layer of mud on top of the road surface on road segments that drain directly to streams on active roads that will be used for log hauling during wet periods.

(3) Operators shall cease active road use where the surface is deeply rutted or covered by a layer of mud and where runoff from that road segment is causing a visible increase in the turbidity of Type F, Type SSBT or Type D streams as measured above and below the effects of the road.

(4) The department shall publish Forest Practices Technical Guidance to explain how wet weather road use can avoid and prevent potential impacts to fish, wildlife, habitat resources, and waters of the state.

History

Statutory/Other Authority: ORS 527.710(2) & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.630(3), 527.765, 527.714 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 12-2002, f. 12-9-02 cert. ef. 1-1-03

Or. Admin. R. 629-625-0800 Construction in Wetlands

Avoid or minimize all road and landing construction near or within significant wetlands as described in OAR 629-680-0310, stream-associated wetlands, or wetlands greater than 0.25 acres in size. Where impacts are unavoidable, operators must first minimize impacts and then mitigate for them in the following priority order options (1) through (4) of this rule:

(1) Operators shall avoid impacts to significant wetlands, stream-associated wetlands, and other wetlands greater than 0.25 acres in size by selecting the least environmentally damaging landing location, road location and road length. Operators must attempt to minimize road length when avoiding wetlands.

(2) When road or landing construction in a significant wetland, stream-associated wetland, or other wetlands greater than 0.25 acres in size cannot be avoided, the operator shall build a temporary road or landing that:

(a) Minimizes impacts by reducing the subgrade width, fill acreage, and spoil areas; and

(b) Removes temporary fills or road sections upon the completion of the project.

(3) Permanent road construction in a significant wetland, stream-associated wetland, or other wetlands greater than 0.25 acres in size, operators must mitigate impacts by:

(a) Reducing or eliminating impacts over time by preserving or maintaining areas; or

(b) Replacing affected areas by creating new wetlands or enhancing existing wetlands.

(4) Filling or draining more than 0.25 acres of a significant wetland, any stream-associated wetland, or other wetlands greater than 0.25 acres in size requires the operator to replace by substitution or enhance the road or landing construction site for the lost wetland functions and values. The objective of successful replacement by substitution of lost wetland area is approximately on a two-for-one basis and of the same type and in the same general location. The objective of enhancing wetland function is to provide for an equivalent amount of function and values to replace that which is lost.

(5) The department shall publish Forest Practices Technical Guidance to assist operators with rule compliance and to explain how to avoid and prevent potential impacts to fish, wildlife, habitat resources, and waters of the state.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-625-0900 Forest Road Inventory and Assessment

(1) The purpose of the Forest Road Inventory and Assessment (FRIA) is to reduce chronic and catastrophic sediment entry to waters of the state and to ensure passage for covered species during all mobile life-history stages by identifying existing roads not meeting the Forest Practices Rules and bring those roads into compliance with the Forest Practice Administrative Rules.

(2) OAR 629-625-0900 does not apply to small forestland owners, as defined in OAR 629-600-0100. Small forestland owners shall submit a road condition assessment when they submit a notification of operation for a timber harvest that will use a road to haul timber, as described in OAR 629-625-0920.

(3) The department shall publish Forest Practices Technical Guidance for compliance with the Forest Road Inventory and Assessment process to avoid and prevent potential impacts to fish, wildlife, habitat resources, and waters of the state.

(4) The Forest Road Inventory and Assessment rules apply to segments of roads located on a large forest landowners’ property, excluding roads that are owned or controlled by a government entity, including, but not limited to, the United States, and federally recognized Indian Tribes. For the purposes of this section, both ownership and control mean any right, interest, or agreement that precludes the large forest landowner from being able to conduct road work without prior authorization.

(5) Pre-inventory.Landowners shall submit a pre-inventory of high conservation value sites on each road management block to the State Forester no later than January 1, 2025.

(a) Landowners shall include high conservation value sites in the pre-inventory that address the following sites:

(A) Areas of known chronic sedimentation. Consideration will be given to areas where log hauling will occur during the 5-year inventory phase.

(B) Fish passage barriers known to be of significant concern. Priorities will be based on locations where fish passage would provide the greatest benefit to native migratory fish consistent with OAR 635-412-0015 and other criteria as determined by the Department of Fish and Wildlife in consultation with the department and consistent with the Oregon Fish Passage Barrier Data Standard developed by the ODFW Fish Screening and Passage Program.

(D) Areas of known hydrologic connectivity.

(b) From the list of high conservation value sites identified, landowners shall prioritize projects on high conservation value sites within the pre-inventory submission that:

(A) Remove fish passage barriers consistent with Department of Fish and Wildlife requirements;

(B) Minimize the potential for sediment delivery to waters of the state;

(D) Minimize hydrologic connectivity between roads and waters of the state; and

(E) Meet other relevant criteria as determined by the department in consultation with other state and federal agencies.

(c) Landowners shall meet with the department and Department of Fish and Wildlife to review the pre-inventory list no later than January 1, 2026.

(A) The department shall meet with the Department of Fish and Wildlife to review the list and coordinate to ensure that high conservation value sites are prioritized based on habitat values, road conditions, sediment delivery to waters of the state, hydrologic connectivity, and fish passage in alignment with the barrier assessment and inventory prioritization under the ODFW Fish Passage Program.

(B) The department and the Department of Fish and Wildlife may propose additional projects to the pre-inventory list if they believe that high conservation value sites have not been addressed.

(C) The department shall coordinate with the Department of Fish and Wildlife to ensure that information collected in the pre-inventory process is standardized and is in a format consistent with the Oregon Fish Passage Barrier Data Standard.

(d) Landowners shall address prioritized pre-inventory projects after review from the department and Department of Fish and Wildlife beginning no sooner than January 1, 2026, and no later than January 1, 2029.

(e) Landowners shall report annually to the department and Department of Fish and Wildlife on the status and completion of pre-inventory projects through January 1, 2029.

(6) Landowners shall submit an initial inventory of all active, inactive, and known vacated or abandoned roads no later than January 1, 2029.

(a) The initial inventory shall include three documents:

(A) Paper or electronic maps showing the roads within each road management block;

(B) A work matrix documenting actions necessary to bring all roads into compliance with the Forest Practice Rules. The document shall include prioritization of work; and

(C) A Forest Road Inventory and Assessment initial inventory plan describing how the landowner intends to bring the road network into compliance no later than January 1, 2044. The plan shall include:

(i) Actions likely to be addressed in the upcoming year;

(ii) A general description of how work will occur during the Forest Roads Inventory and Assessment period; and

(iii) A description of how the landowner is prioritizing work with the goal of optimizing environmental benefits.

(D) At minimum, the FRIA initial inventory submission shall include:

(i) The location and length of active roads, inactive roads, and vacated roads within each road management block.

(ii) The location of streams within the road management block, classified as:

(I) Fish;

(II) Non-fish;

(III) SSBT;

(IV) Fish presence unknown; or

(V) Streams that are 303(d) listed shall be depicted as such in addition to fish use designation.

(iii) Known or potential road-related fish passage barriers. Data collected shall be consistent with the Oregon Fish Passage Barrier Data Standard in consultation with Department of Fish and Wildlife.

(iv) Prioritization of known or potential road related fish passage barriers. Prioritization of fish passage barriers shall be done in a manner consistent with the ODFW Fish Passage Program.

(v) The location and status of all water crossing culverts including:

(I) Date of installation, if known; and

(II) Assessment of culvert material used.

(vi) Each water crossing culvert shall be classified as one of the following:

(I) A fully functioning culvert in a Type F or Type SSBT stream;

(II) A fully functioning culvert in a Type N or Type D stream;

(III) A culvert with imminent risk of failure;

(IV) A culvert with minimum risks to public resources; or

(V) Undetermined status. Culverts with undetermined status must be prioritized for improvement. The status may be changed as more detailed information is gathered.

(b) The FRIA initial inventory submission shall identify each road segment as:

(A) Meeting the Forest Practices Rules;

(B) Not meeting the Forest Practices Rules;

(D) Abandoned.

(7) In the year following submitting the initial inventory but no later than January 1, 2029, landowners shall submit annual inventory reports and plans until January 1, 2044, which shall include:

(a) Updates to the maps required by OAR 629-625-0900(6)(a)(A) reflecting:

(A) Work accomplished during the prior year;

(B) Additional information discovered; and

(b) Update to the work matrix required by OAR 629-625-0900(6)(a)(B) showing:

(A) Improvements completed;

(B) Work to be completed;

(D) Changes in prioritization.

(A) Work conducted in the prior year;

(B) Work likely to be completed in the upcoming year; and

(8) The documents required by OAR 629-625-0900(7) must contain all the following:

(a) Total length of forest roads improved, including as a subset, length improved by compliance with OAR 629-625-0330(1) Drainage.

(b) Total length of forest roads still requiring improvement.

(d) Total length of forest roads vacated.

(e) Total length of forest roads planned to be vacated in the upcoming year.

(f) Number of fish barriers brought into compliance with OAR 629-625-0320 Water Crossing Structures.

(g) Number of fish barriers to be improved in the upcoming year.

(h) Certification by the landowner that they remain on track for completing required improvements no later than January 1, 2044.

(9) Landowners shall improve all road segments identified in the initial inventory as not meeting the Forest Practice Administrative Rules so that those segments either meet the Forest Practice Administrative Rules or are vacated no later than January 1, 2044.

(10) For culverts that meet the definition of pre-existing culverts, landowners shall:

(a) Inspect them every five years when the installation date is not known; and

(b) Maintain them to end of service life or until they no longer meet the definition of pre-existing culverts.

(11) For culverts that do not meet the definition of pre-existing culverts, landowners shall:

(a) Prioritize them for improvement during the initial inventory;

(b) Bring them into compliance with Forest Practice Rules no later than January 1, 2044; or

(c) For culverts not meeting the definition of pre-existing, consult with the Department of Fish and Wildlife to assign them a status of low priority and maintain them to the end of their service life when they meet the following criteria:

(A) The culvert is partially functioning to provide fish passage and the cost of repair or replacement is disproportionate to the benefits of the repair or replacement; or

(B) The culvert provides valuable wetland or pond habitat.

(12) For culverts meeting the definition of having imminent risk of failure, landowners shall repair or replace the culvert as soon as practicable but no later than two years after having been identified.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-625-0910 State-led Abandoned Roads Inventory

(1) The department in consultation with the U.S. Environmental Protection Agency shall lead a cooperative effort to identify abandoned roads. The purpose of this effort is to identify abandoned roads and bring them into compliance with the forest practice rules to reduce the potential of abandoned roads to produce chronic sediment and increase the risks of mass wasting and stream diversions.

(2) After identifying abandoned roads, the department and cooperators shall identify abandoned roads with a high level of risk to waters of the state or infrastructure. The State Forester shall provide the results of the inventory to landowners no later than January 1, 2026. The department shall use the following criteria listed in order of importance to identify risk levels:

(a) Ongoing stream diversion at stream crossings.

(b) Diversion potential at stream crossings.

(d) Comparative risk of chronic sediment produced.

(e) Risk of contribution to mass wasting.

(f) Other criteria as determined by the department in consultation with other state and federal agencies.

(3) Following the identification of high-risk abandoned road segments, the department in coordination with landowners shall identify high-priority abandoned road segments from the list of high-risk locations. Considerations for designating a segment as high priority shall include:

(a) Importance of the HUC-6 watershed to recovering salmonids;

(b) Number of stream crossings based on full-densified stream network;

(d) Other criteria as determined by the department in consultation with other state and federal agencies.

(4) Landowners shall complete a field verification of all high priority abandoned road segments identified in section (3).

(a) The department, Department of Environmental Quality, and Department of Fish and Wildlife shall, when necessary, review landowner verifications of high priority sites and improvement plans.

(b) Landowners shall include the following information in their field verification of high priority abandoned road segments:

(A) Confirmation that the high-priority site is on an abandoned road.

(B) Determination whether the segment is diverting the stream or has diversion potential.

(C) Determination regarding whether the segment is actively contributing sediment or has a high risk of contributing significant quantities of sediment to waters of the state. Indicators of risk of contributing significant quantities of sediment may include:

(i) A sediment deposit reaching the high-water line of a defined channel of a flood prone area;

(ii) A channel that extends from a road drainage structure outlet to the high-water line of a defined channel or a flood-prone area;

(iii) Evidence of surface flow between the drainage structure outlet and a defined channel or a flood-prone area;

(iv) Turbid water reaching all typed waters, lakes, bays, ponds, impounding reservoirs, springs, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, and canals during runoff events;

(v) Evidence of direct sediment entry into a watercourse or a flood-prone area from road surfaces or drainage structures and facilities (e.g., ponded sediment, sediment deposits, delivery of turbid runoff from drainage structures during rainfall events);

(vi) Gullies or other evidence of erosion on road surfaces or below the outlets of road drainage facilities or structures, including ditch drain (relief) culverts, with transport or a high likelihood of transport to a watercourse;

(vii) Native-surfaced roads exhibiting erosion;

(viii) Native-surfaced roads composed of erodible soil types (e.g., granitic soils);

(ix) Rilled, gullied, or rutted road approaches to crossings;

(x) Existing ditch drain (relief) culverts or other road drainage structures with decreased capacity due to damage or impairment (e.g., crushed or bent inlets, flattened dips due to road grading);

(xi) Decreased structural integrity of ditch drain (relief) culverts, waterbreaks, or other road drainage structures (e.g., excessive pipe corrosion, breached water-breaks, or rutted road segments); or

(xii) Ditch scour or downcutting resulting from excessively long undrained ditches with infrequent ditch drain (relief) culverts or other outlet structures or facilities. This condition can also result from design inadequacies (e.g., spacing not altered for steep ditch gradient), inadequate erosion prevention practices (e.g., lack of armoring), or ditches in areas of erodible soils.

(D) Analysis of net benefit for waters of the state to improve the abandoned road segment.

(E) Determination regarding practicability of alternatives to improve the abandoned road segment and address the following risks:

(i) Ongoing stream diversions at stream crossings;

(ii) Diversion potential at stream crossings;

(iii) Likelihood of hydrologic connectivity;

(iv) Comparative risk of chronic sediment produced; and

(v) Risk of contribution to mass wasting.

(F) The alternatives may include vacating the segment, no action, and any other reasonable alternative. Landowners shall propose the most practicable alternative as part of the annual report.

(5) Landowners shall add the verified high-priority abandoned road segments to the Forest Roads Inventory and Assessment initial inventory.

(6) Landowners shall improve the abandoned road segment as part of the Forest Roads Inventory and Assessment process when, in consultation with the department, the following criteria are met:

(a) The high-priority location is an abandoned road;

(b) The high-priority location is actively contributing or has high risk of contributing significant quantities of sediment to waters of the state;

(d) Improvements are practicable.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 4-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-625-0920 Road Condition Assessment

(1) The purpose of this rule is to ensure that roads used for harvest and owned by small forestland owners, as defined by OAR 629-600-0100, comply with the standards of the Forest Practices Rules.

(2) The requirements of the Forest Road Inventory and Assessment program described in OAR 629-625-0900 do not apply to small forestland owners.

(3) When a small forestland owner submits a notification including the harvest of timber using the department’s reporting and notification system, they shall complete the department road condition assessment. Notifications for activities other than timber harvest shall not require completion of a road condition assessment. The small forestland owner is encouraged to complete the road condition assessment for all roads in their parcel without a planned timber harvest.

(4) The road condition assessment shall include all roads in the parcel owned by the small forestland owner where the harvest will take place, including the following descriptions:

(a) The road condition that contributes to active or potential delivery of sediment to waters of the state;

(b) Water crossing’s locations and the status of compliance with the forest practice rules;

(d) Abandoned roads; and

(e) Roads with a perched fill that present a significant hazard to fish-bearing streams.

(5) The department, in consultation with the Department of Fish and Wildlife, shall review eligibility for state grants to improve the road conditions described in section (4)(c), (d), and (e) of this rule.

(6) The small forestland owners are not required to undertake the following road improvements projects, without funding by the State of Oregon:

(a) Replacement of culverts for Type F and Type SSBT streams;

(b) Repair of abandoned roads; or

(c) Reconstructing, vacating, or relocating roads with a perched fill that present a significant hazard to fish-bearing streams.

(7) If the State of Oregon, under the small forestland investment in stream habitat program described in OAR 629-607-0300, fails to fund an eligible and approved road improvement project for a small forestland owner, the non-implementation of those projects shall not prevent the small forestland owner from using the road for any purpose, except for the following conditions:

(a) The road is actively delivering sediment to waters of the state; or

(b) The road has one or more culverts with an imminent risk of failure, as defined in OAR 629-600-0100.

(8) If the road condition assessment identifies necessary road repairs, other than the road conditions in section (7)(a) and (b) of this rule, there shall be no time limit in which the small forestland owner must complete those repairs, though the obligation to improve roads when used for harvest remains.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Division 630 HARVESTING

Or. Admin. R. 629-630-0000 Purpose

(1) OAR 629-630-0000 through 629-630-0925 shall be known as the harvesting rules.

(2) Harvesting of forest tree species is an integral part of forest management by which wood for human use is obtained and by which forests are established and tended.

(3) Harvesting operations result in a temporary disturbance to the forest environment.

(4) The purpose of the harvesting rules is to establish standards for forest practices that will maintain the productivity of forestland, minimize soil and debris entering waters of the state, and protect wildlife and fish habitat.

(5) The harvesting rules are intended to reduce the potential for sediment delivery to waters of the state from ground disturbance and drainage alterations that may be caused by harvesting.

(6) The purpose of the timber harvesting on steep slopes rules, as identified in OAR 629-630-0900 through 629-630-0925, is to retain trees in designated areas to provide the beneficial elements of landslides while mitigating the potential negative effects of forest management activities on unstable slopes.

(7) The harvesting rules shall apply to all forest practices regions unless otherwise indicated.

(8) OAR 629-630-0900 through 629-630-0925, do not replace or modify OAR 629-623-0000 through 629-623-0800 Shallow, Rapidly Moving Landslides and Public Safety rules.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-630-0100 Skidding and Yarding Practices

(1) For each harvesting operation, operators shall select a logging method and type of equipment appropriate to the given slope, landscape, and soil properties in order to minimize soil deterioration and to protect water quality.

(2) Operators shall avoid ground-based yarding on unstable, wet, or easily compacted soils unless operations can be conducted without damaging soil productivity through soil disturbance, compaction or erosion.

(3) Operators shall locate skid trails where sidecasting is kept to a minimum.

(4) Operators shall locate skid trails on stable areas so as to minimize the risk of material entering waters of the state.

(5) Operators shall avoid excavating skid trails on slumps or slides.

(6) Operators shall limit cable logging to uphill yarding whenever practical. When downhill cable yarding is necessary, operators shall use a layout and system which minimizes soil displacement.

History

Statutory/Other Authority: ORS 527.710(2)
Statutes/Other Implemented: ORS 527.630(3), 527.765 & 527.714
DOF 12-2002, f. 12-9-02 cert. ef. 1-1-03
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-630-0150 Ground-Based Harvesting On Steep Or Erosion-Prone Slopes

(1) Slopes over 60 percent are subject to the requirements of Sections (3) through (8) of this rule.

(2) Slopes over 40 percent where soils consist of decomposed granite-type materials, or other highly erodible materials as determined by the State Forester, are considered erosion-prone and subject to the requirements of Sections (3) through (8) of this rule.

(3) Methods that avoid development of compacted or excavated trails are the preferred alternative for operating on steep or erosion-prone slopes. If the operation will result in excavated or compacted skid trails, operators shall apply sections (4) through (8) of this rule.

(4) If skid trails are located on steep or erosion-prone slopes, operators shall locate them at least 100 feet from any stream channels.

(5) Operators shall locate skid trails where water can drain off the skid trail and onto undisturbed soils.

(6) Skid trails shall not be located straight up and down steep or erosion prone slopes for a distance exceeding 100 feet unless effective drainage and sediment filtration can be achieved.

(7) Operators shall install effective cross ditches on all skid roads located on steep or erosion-prone slopes.

(8) Operators shall limit the amount of ground with disturbed soils on steep or erosion-prone slopes as described in Sections (1) and (2) of this rule to no more than ten percent of the steep or erosion-prone slopes within the operation area.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.710(2), 527.630(3) & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 5-2026, minor correction filed 03/11/2026, effective 03/11/2026
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 12-2002, f. 12-9-02 cert. ef. 1-1-03

Or. Admin. R. 629-630-0200 Landings

(1) Operators shall minimize the size of landings to that necessary for safe operation.

(2) Operators shall locate landings on stable areas so as to minimize the risk of material entering waters of the state.

(3) Operators shall avoid locating landings in riparian management areas. When no feasible alternative landing locations exist, operators shall submit a written plan to the State Forester before locating landings in riparian management areas.

(4) Operators shall not incorporate slash, logs, or other large quantities of organic material into landing fills.

(5) Operators shall deposit excess material from landing construction in stable locations well above the high water level.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-630-0300 Drainage Systems

(1) Operators shall construct dips, grade reversals or other effective water diversions in skid trails and fire trails as necessary to minimize soil displacement and to ensure runoff water is filtered before entering waters of the state.

(2) Operators shall drain skid trails by water barring or other effective means immediately following completion of the operation and at all times during the operation when runoff is likely.

(3) Operators shall establish effective drainage on landings during and after use.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-630-0400 Treatment of Waste Materials

(1) Operators shall leave or place all debris, slash, sidecast and other waste material associated with harvesting in such a manner to prevent their entry into waters of the state.

(2) Where sidecast material or exposed soils are potentially unstable or erodible, the operator shall stabilize it by pullback, spreading out, seeding or other effective means.

(3) Operators shall remove from the forest all petroleum-product-related waste material associated with the operation including, but not limited to, crankcase oil, filters, grease and oil containers.

(4) Operators shall dispose of all other debris such as machine parts, old wire rope, and used tractor tracks so that such materials do not enter waters of the state.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-630-0500 Harvesting On High Landslide Hazard Locations

(1) Operators and the State Forester shall share responsibility to identify high landslide hazard locations for timber harvesting and road construction to protect natural resources and public safety.

(2) For operations with potential downslope risk to public safety from shallow, rapidly moving landslides, the shared responsibility includes identifying and evaluating the risk using methods described in OAR 629-623-0100 through 0300. For intermediate and substantial levels of risk, the practices described in OAR 629-623-0400 through 0800 shall also apply. The department shall publish Forest Practices Technical Guidance to explain how to implement this rule.

(3) Operators shall not construct skid roads on high landslide hazard locations.

(4) Operators shall not operate ground-based equipment on high landslide hazard locations.

(5) Operators shall prevent deep or extensive ground disturbance on high landslide hazard locations during log felling and yarding operations.

(6) Operators concerned about the application of these standards to a specific operation may consult with the State Forester to obtain an evaluation of their harvesting plan and its likelihood of compliance with the standards.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.710, 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 2-2003, f. 6-19-03, cert. ef. 7-1-03
DOF 1-2003(Temp), f. & cert. ef. 1-29-03 thru 7-27-03
DOF 12-2002, f. 12-9-02 cert. ef. 1-1-03
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97

Or. Admin. R. 629-630-0600 Felling; Removal of Slash

(1) Operators shall fell, buck, and limb trees in ways that minimize disturbance to channels, soils and retained vegetation in riparian management areas, streams, lakes and all wetlands greater than one-quarter acre, and that minimize slash accumulations in channels, significant wetlands and lakes.

(2) During felling operations operators shall:

(a) Whenever possible, fell all conifer trees away from riparian management areas, streams, lakes and significant wetlands, except for trees felled for stream improvement projects.

(b) On steep slopes, use felling practices such as jacking, line pulling, high stumps, whole tree yarding, or stage-cutting as necessary and feasible to prevent damage to vegetation retained in riparian management areas, soils, streams, lakes and significant wetlands.

(A) Buck and yard the trees to minimize damage to beds, banks and retained vegetation.

(B) When it can be done consistently with protecting beds and banks, yard hardwood trees or logs away from the water before limbing.

(3) Operators shall minimize the effects of slash that may enter waters of the state during felling, bucking, limbing or yarding by:

(a) Removing slash from Type F, Type SSBT, Type D streams, large or medium Type Np streams, small Type Np streams within the RH Max, lakes and significant wetlands as an ongoing process (removal within 24 hours of the material entering the stream) during the harvest operation.

(b) Not allowing slash to accumulate in Type Ns streams and small Type Np streams upstream of the RH Max, lakes or wetlands in quantities that threaten water quality or increase the potential for mass debris movement.

(c) Placing any slash that is removed from streams, lakes, or wetlands above high water levels where it will not enter waters of the state.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-660-0000
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2610

Or. Admin. R. 629-630-0700 Yarding; Cable Equipment Near Waters of the State

(1) Operators shall maintain the purposes and functions of vegetation required to be retained in riparian management areas and minimize disturbance to beds and banks of streams, lakes, all wetlands larger than one-quarter acre, and retained vegetation during cable yarding operations.

(2) Operators shall minimize the yarding of logs across streams, lakes, significant wetlands, and other wetlands greater than one-quarter acre whenever harvesting can be accomplished using existing roads or other practical alternatives.

(3) Operators may use cable yarding corridors through retained trees if the numbers and widths of yarding corridors are minimized. Operators shall submit a written plan to the State Forester when yarding across any of the waters listed in subsections (a) through (g) of this section:

(a) Type F streams;

(b) Type SSBT streams;

(d) Large or medium Type Np streams;

(e) Small Type Np or Type Ns streams located within designated debris flow traversal areas, as described in OAR 629-630-0905;

(f) Lakes; or

(g) Significant wetlands.

(4) When cable yarding across any of the waters listed in subsections (a) through (f) of this section is necessary, it shall be done by swinging the yarded material free of the ground in the aquatic areas and riparian areas.

(a) Type F streams;

(b) Type SSBT streams;

(d) Large or medium Type Np streams;

(e) Lakes; or

(f) Significant wetlands.

(5) Cable yarding across streams classified as Type Ns, small Type Np, stream-associated wetlands, designated debris flow traversal areas, seeps, and springs, or other wetlands greater than one-quarter acre shall be done in ways that minimize disturbances to the stream channel or wetland and minimize disturbances of retained streamside vegetation, including one-end log suspension where feasible.

(6) Operators shall minimize disturbance from cable yarding near streams to maintain soil function, retain understory vegetation, and protect habitat for fish, amphibians, and other wildlife.

(a) The following equipment limitation zones shall be applied to streams and associated riparian management areas as described in division 643 Water Protection Rules Vegetation Retention Along Streams rules.

(A) An “R-ELZ” means an equipment limitation zone in which disturbance from equipment activity shall be minimized and all trees less than 6 inches DBH and shrub species are retained where possible.

(i) In Western Oregon, the R-ELZ is 35 feet.

(ii) In Eastern Oregon, the R-ELZ is 30 feet.

(B) An “ELZ” means an equipment limitation zone in which disturbance from equipment activity shall be minimized.

(i) In Western Oregon, the ELZ is 35 feet.

(ii) In Eastern Oregon, the ELZ is 30 feet.

(b) Operators shall take corrective action(s) when soil disturbance from cabled logs exceeds 20 percent of the total area within any R-ELZ or ELZ within an operation unit. Corrective action(s) shall be designed to replace the equivalent of lost functions in consultation with the State Forester. Examples include, but are not limited to, water bars, grass seeding, logging slash, mulching, downed log placement in accordance with ORS 527.676(1), with a preference for utilizing on-site materials.

(c) The department shall publish Forest Practices Technical Guidance, developed in consultation with Department of Fish and Wildlife to assist operators with selecting appropriate corrective measures.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-660-0010
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2620

Or. Admin. R. 629-630-0800 Yarding; Ground-based Equipment Near Waters of the State

(1) Operators shall maintain the purposes and functions of vegetation required to be retained in riparian management areas, and minimize disturbances to beds and banks of streams, lakes, all wetlands larger than one-quarter acre, and retained vegetation during ground-based yarding operations.

(2) Operators shall not operate ground-based equipment within any stream channel except as allowed in the rules for temporary stream crossings.

(3) Operators shall minimize the number of stream crossings.

(4) For crossing streams that have water during the periods of the operations, operators shall:

(a) Construct temporary stream crossing structures such as log crossings, culvert installations, or fords that are adequate to pass stream flows that are likely to occur during the periods of use. Structures shall be designed to withstand erosion by the streams and minimize sedimentation.

(b) Choose locations for temporary stream crossing structures which minimize cuts and fills or other disturbances to the stream banks.

(c) Minimize the volume of material in any fills constructed at a stream crossing. Fills over eight feet deep contain such a large volume of material that they can be a considerable risk to downstream beneficial uses should the material move downstream by water. For any fill for a temporary crossing that is over eight feet deep, operators shall submit to the State Forester a written plan that includes a description of how the fills would be constructed, passage of water, and the length of time the fills would be in the stream.

(d) Design temporary structures so that fish movement is not impaired on Type F or Type SSBT streams.

(e) Remove all temporary stream crossing structures immediately after completion of operations or prior to seasonal runoff that exceeds the water carrying capacity of the structures, whichever comes first. When removing temporary structures, operators shall place fill material where it will not enter waters of the state.

(5) For stream crossings where the channels do not contain water during the periods of the operations, operators are not required to construct temporary crossings as long as disturbances are no greater than what would occur if structures were constructed. Soil that enters the channels during the yarding operations must be removed after completion of the operation or prior to stream flow, whichever comes first. When removing such materials from the channels, operators shall place the materials in locations where they will not enter waters of the state.

(6) Operators shall construct effective sediment barriers such as water bars, dips, or other water diversion on stream crossing approaches after completion of operations, or prior to rainy season runoff, whichever comes first.

(7) Machine activity near (generally within 100 feet) streams, lakes, and other wetlands greater than one-quarter acre shall be conducted to minimize the risk of sediment entering waters of the state and preventing changes to stream channels. Operators shall only locate, construct, and maintain skid trails in riparian management areas consistent with the harvesting rules.

(8) Operators shall minimize ground-based equipment and subsequent disturbancenear streams to maintain soil function, retain understory vegetation, and protect habitat for fish, amphibians, and other wildlife.

(i) In Western Oregon, the R-ELZ is 35 feet.

(ii) In Eastern Oregon, the R-ELZ is 30 feet.

(B) An “ELZ” means an equipment limitation zone in which disturbance from equipment activity shall be minimized.

(i) In Western Oregon, the ELZ is 35 feet.

(ii) In Eastern Oregon, the ELZ is 30 feet.

(b) Operators shall take corrective action(s) when soil disturbance from ground-based equipment exceeds 10 percent of the total area within any R-ELZ or ELZ within an operation unit. Corrective action(s) shall be designed to replace the equivalent of lost functions in consultation with the State Forester. Examples include but are not limited to water bars, grass seeding, logging slash, mulching, downed log placement in accordance with 527.676(1), with a preference for utilizing on-site materials.

(c) The department shall publish Forest Practices Technical Guidance, developed in consultation with Department of Fish and Wildlife, to assist operators with selecting appropriate corrective measures.

(9) Operators shall locate and construct skid trails so that when high stream flow occurs water from the stream will not flow onto the skid trail.

(10) Operators shall minimize the amount of exposed soils due to skid trails within riparian management areas. Except at stream crossings, operators shall not locate skid trails within 35 feet of Type F, Type SSBT or Type D streams. Operators shall provide adequate distances between all skid trails and waters of the state to filter sediment from runoff water.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-660-0020
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2630

Or. Admin. R. 629-630-0900 Western Oregon Harvests; Slopes Model

(1) For the purpose of OAR 629-630-0905 through 629-630-0925, designated debris flow traversal areas and designated sediment source areas are determined by the slopes model and displayed on department maps and the department’s reporting and notification system. The slopes model also identifies which designated sediment source areas contain trigger sources, which help prioritize designated sediment source areas for selection as slope retention areas. Department maps and the department’s reporting and notification system display designated sediment source areas and distinguishes those with trigger sources. The slopes model designations can be viewed at the time of submitting a notification of operation to the State Forester.

(2) Definitions in section (1) of this rule are defined in OAR 629-600-0100.

(3) All trees retained, as required for OAR 629-630-0905 through 629-630-0925, that otherwise meet the requirements for leave trees may count toward requirements for wildlife leave trees within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676. Operators are encouraged to leave trees that meet the requirements for wildlife, leave trees within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, immediately adjacent to seeps and springs, as described in OAR 629-655-0000.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.676, 527.715, 527.765, Section 2(2), Chapter 33, Oregon Laws 2022 & Section (10), Chapter 33, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-630-0905 Western Oregon Harvesting; Standard Practice; Designated Debris Flow Traversal Areas

(1) For Western Oregon, operators shall not harvest timber located in designated debris flow traversal areas.

(2) Operators shall retain all trees within 25 feet slope distance from either side of the active channel, or center of the draw if no channel is present for areas identified by the slopes model as designated debris flow traversal areas.

(3) Changes in stream classification for a stream, based on field surveys for fish-use consistent with OAR 629-635-0200, shall not change the department’s maps used for notifications of operations that identify designated debris flow traversal areas.

(4) Operators shall submit a written plan, described in OAR 629-630-0925, for timber harvest units containing designated debris flow traversal areas.

(5) Cable yarding, which may require cutting, but not removal, of trees, is permitted through designated debris flow traversal areas, but the number, size, and location of yarding corridors shall be designed to minimize impacts to the integrity of designated debris flow traversal areas. The operator shall not remove trees cut for yarding corridors unless these are deemed safety hazards.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765, Section 2(2), Chapter 33, Oregon Laws 2022 & Section (10), Chapter 33, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-630-0910 Western Oregon Harvesting; Standard Practice; Designated Sediment Source Areas and Slope Retention Areas

(1) Slope retention areas encompass field identified headwalls. The department shall publish Forest Practices Technical Guidance to explain how to implement this rule.

(2) Changes in stream classification for a stream, based on field surveys for fish-use consistent with OAR 629-635-0200, shall not change the department’s maps used for notifications of operations that identify designated sediment source areas.

(3) Landowner representatives shall identify at least 50 percent of the designated sediment source areas as slope retention areas for timber harvesting in Western Oregon as follows:

(a) If the number of designated sediment source areas is an odd number, the landowner representative shall round up to the next even number and identify half of the number as slope retention areas.

(b) Prioritize designated sediment source areas for selection of slope retention areas as follows:

(A) Designated sediment source areas with trigger sources; and

(B) Larger designated sediment source areas.

(4) The landowner representative may adjust the distribution and location of slope retention areas, notwithstanding section (3) of this rule, if the selected slope retention areas:

(a) Clearly reduce worker safety, as described in OAR chapter 437, Division 7, Forest Activities; or

(b) Cause more resource impact, such as additional road or landing construction, excessive sidehill yarding, or other yarding practices that clearly increase ecological impacts .

(5) The landowner representative shall have received certified steep slopes training to determine the field delineation of the final boundaries for slope retention areas. The department shall develop and provide certification training opportunities to landowner representatives when the slopes model has been added to the department’s reporting and notification system.

(6) After clearly marking in the field the boundaries of the slope retention areas, the landowner representative shall submit a written plan, described in OAR 629-630-0925, for timber harvest units containing designated sediment source areas and slope retention areas.

(7) Operators shall not harvest timber located in the slope retention areas.

(8) Cable yarding, which may require cutting, but not removal, of trees, is permitted only through slope retention areas that do not contain trigger sources, but the number, size, and location of yarding corridors shall be designed to minimize soil and vegetation disruptions that may increase slope instability. The operator shall not remove trees cut for yarding corridors unless these are deemed safety hazards.

(9) Operators shall not construct skid roads or operate ground-based equipment in slope retention areas.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765, Section 2(2), Chapter 33, Oregon Laws 2022 & Section (10), Chapter 33, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-630-0915 Statewide Harvesting; Standard Practice; Stream Adjacent Failures

(1) Operators shall extend the riparian management areas, described in OAR 629-643-0100 and OAR 629-643-0120, on all identified stream adjacent failures, as defined in OAR 629-600-0100. The riparian management area shall encompass the perimeter of the stream adjacent failure, defined in OAR 629-600-0100, however, the width of the riparian management area shall only extend to the lesser of:

(a) The distance of 170 feet from the edge of a Type F or Type SSBT channel; or

(b) The distance to the slope break, defined as 20 percent or greater reduction in slope gradient.

(2) The landowner representative shall submit a written plan, described in OAR 629-605-0170(13), for timber harvest units where yarding is planned to occur within stream adjacent failures.

(3) The landowner shall submit a written plan that describes how the number, size, and location of yarding corridors were selected to minimize impacts to the integrity of stream adjacent failures.

(4) Cable yarding, which may require cutting, but not removal, of trees, is permitted through stream adjacent failures, but the number, size, and location of yarding corridors shall minimize impact to the integrity of the feature. The operator shall not remove trees cut for yarding corridors unless these are deemed safety hazards.

(5) The operator shall make all riparian management area width measurements using the slope distance and shall measure them from the edge of the active channel or channel migration zone.

(6) The department shall publish Forest Practices Technical Guidance to assist operators in identifying channel migration zones.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765, Section 2(2), Chapter 33, Oregon Laws 2022 & Section (10), Chapter 33, Oregon Laws 2022
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 11-2023, minor correction filed 07/01/2023, effective 07/01/2023
DOF 5-2022, adopt filed 11/09/2022, effective 07/01/2023

Or. Admin. R. 629-630-0920 Small Forestland Owner Minimum Option; Harvesting on Features Identified in the Slopes Model and Stream Adjacent Failures

(1) Western Oregon, Designated Debris Flow Traversal Areas for harvest type 1, harvest type 2 or harvest type 3 operations. For forestlands in Western Oregon that are managed under the small forestland owner minimum option, operators shall not harvest timber within 50 percent of the length of the designated debris flow traversal area for each harvest type 1, harvest type 2, or harvest type 3 unit. The State Forester will:

(a) Assist small forestland owners in determining designated debris flow traversal areas in a planned harvest unit, prioritizing vegetation retention requirements for Type SSBT streams over Type F streams.

(b) Exempt small forestland owners from the designated debris flow traversal areas requirements for harvest type 4 units.

(2) Operators shall retain all trees within 25 feet slope distance on either side of the active channel identified in OAR 629-630-0920(1), or center of the draw if no channel is present for areas identified by the slopes model as designated debris flow traversal areas.

(4) Operators shall submit a written plan, described in OAR 629-630-0925, for timber harvest units containing designated debris flow traversal areas, except for harvest type 4 units.

(6) Western Oregon, Designated Sediment Source Areas. For forestlands in Western Oregon that are managed under the small forestland owner minimum option, landowners are exempt from the rule requirements for timber harvesting in designated sediment source areas and slope retention areas.

(7) Statewide, Stream Adjacent Failures. Operators shall extend the riparian management areas, described in OAR 629-643-0100 and OAR 629-643-0120, on all identified stream adjacent failures, as defined in OAR 629-600-0100. The riparian management area shall encompass the perimeter of the stream adjacent failure, defined in OAR 629-600-0100, however, the width of the riparian management area shall only extend to the lesser of:

(a) The distance of 30 feet from the outer edge of the small forestland owner minimum option; or

(b) The distance to the slope break, defined as 20 percent or greater reduction in slope gradient.

(8) The landowner representative shall submit a written plan, described in OAR 629-605-0170(13), for timber harvest units where yarding is planned to occur within stream adjacent failures.

(9) The landowner shall submit a written plan that describes how the number, size, and location of yarding corridors were selected to minimize impacts to the integrity of stream adjacent failures.

(10) Cable yarding, which may require cutting, but not removal, of trees, is permitted through stream adjacent failures, but the number, size, and location of yarding corridors shall minimize impact to the integrity of the feature. The operator shall not remove trees cut for yarding corridors unless these are deemed safety hazards.

(11) The operator shall make all riparian management area width measurements using the slope distance and shall measure them from the edge of the active channel or channel migration zone.

(12) The department shall publish Forest Practices Technical Guidance to assist operators in identifying channel migration zones.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765, Section 2(2), Chapter 33, Oregon Laws 2022 & Section (10), Chapter 33, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-630-0925 Written Plans to Evaluate Harvesting on Features Identified in the Slopes Model

To evaluate timber harvesting on features identified by the slopes model, operators shall submit a written plan that describes how the operation is planned to be conducted in sufficient detail to allow the State Forester to evaluate and comment on the likelihood that the operation will comply with the Forest Practices Act or administrative rules. The written plan shall include at a minimum:

(1) A unit map including, where applicable:

(a) Locations of slopes model designated debris flow traversal areas;

(b) Locations of slopes model designated sediment source areas and those selected as slope retention areas; and

(2) Description of the rationale and appropriate documentation for the following that apply:

(a) Selection of the 50 percent designated debris flow traversal areas for Western Oregon forestlands that are managed under the small forestland owner minimum option;

(b) Selection of slope retention areas, including justification for choosing areas to satisfy the minimum 50 percent designated sediment source area requirement, as described in OAR 629-630-0910(3) and (4);

(c) How the number, size, and location of yarding corridors were designed to minimize impacts to the designated debris flow traversal areas; and

(d) How the number, size, and location of yarding corridors were designed to minimize soil and vegetation disruptions that may increase slope instability in slope retention areas.

(3) Additional administrative information related to the operation as required by individual rules or as requested by the State Forester.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765, Section 2(2), Chapter 33, Oregon Laws 2022 & Section (10), Chapter 33, Oregon Laws 2022
DOF 5-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Division 635 WATER PROTECTION RULES: PURPOSE, GOALS, CLASSIFICATION AND RIPARIAN MANAGEMENT AREAS

Or. Admin. R. 629-635-0000 Purpose, Goals, Classification and Riparian Management Goals

The definitions in OAR 629-600-0100 apply to the Water Protection Rules, unless otherwise defined in the specific rules.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-0000

Or. Admin. R. 629-635-0100 Purpose and Goals

(1) The leading use on private forestland is the growing and harvesting of trees, consistent with sound management of soil, air, water, fish and wildlife resources. There is a unique concentration of public resource values in and near waters of the state because these areas are critical for the overall maintenance of fish and wildlife and for maintaining water quality. Consequently, the policies of the Forest Practices Act, including encouraging economically efficient forest practices, are best achieved by focusing protection measures in riparian management areas, where the emphasis is on providing water quality and fish and wildlife habitat.

(2) OAR 629-635-0000 through 629-660-0060 are known as the water protection rules.

(3) The purpose of the water protection rules is to protect, maintain and, where appropriate, improve the functions and values of streams, lakes, wetlands, and riparian management areas. These functions and values include water quality, hydrologic functions, the growing and harvesting of trees, and fish and wildlife resources.

(4) Plans for alternate practices may be used to alter vegetation retention requirements in the water protection rules based on local site conditions. The plans may include but are not limited to site specific vegetation retention prescriptions as described in OAR 629-643-0400 (for streams) and 629-645-0020 (for wetlands). The operator may:

(a) Evaluate site specific conditions in waters and riparian management areas; and

(b) Develop plans for alternate practices that will:

(A) Enhance, maintain, or restore when degraded conditions exist, riparian functions in streams, wetlands, and lakes; or

(B) Meet the purposes and goals of the water protection rules while providing opportunities to complete ecological, restoration, or operational objectives for various riparian area site conditions.

(5) The overall goal of the water protection rules is to provide resource protection during operations adjacent to and within streams, lakes, wetlands and riparian management areas so that, while continuing to grow and harvest trees, the protection goals for fish, amphibians, other wildlife, and water quality are met.

(a) The protection goal for water quality (as prescribed in ORS 527.765) is to ensure through the described forest practices that, to the maximum extent practicable, non-point source discharges of pollutants resulting from forest operations do not impair the achievement and maintenance of the water quality standards.

(b) The protection goal for fish is to establish and retain vegetation consistent with the vegetation retention objectives described in OAR 629-643-0000 (streams), 629-645-0000 (significant wetlands), and 629-650-0000 (lakes) that will maintain, enhance, or restore water quality and provide aquatic habitat components and functions such as shade, large wood, and nutrients.

(c) The protection goal for wildlife is to establish and retain vegetation consistent with the vegetation retention objectives described in OAR 629-643-0000 (streams), 629-645-0000 (significant wetlands), and 629-650-0000 (lakes) that will maintain, enhance, or restore water quality and habitat components such as live trees of various species and size classes, shade, snags, downed wood, and food within riparian management areas. For wildlife species not necessarily reliant upon riparian areas, habitat in riparian management areas is also emphasized in order to capitalize on the multiple benefits of vegetation retained along waters for a variety of purposes.

History

Statutory/Other Authority: ORS 527.710, 527.630(3), 527.714, 526.016(4) & section 2(1), chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.714, 527.715, 527.765 & section 2(2), chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2006, f. & cert. ef. 10-31-06
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2000

Or. Admin. R. 629-635-0120 Watershed Specific Practices for Water Quality Limited Watersheds and Threatened or Endangered Aquatic Species

(1) The objective of this rule is to describe a process for determining whether additional watershed specific protection rules are needed for watersheds that have been designated as water quality limited or for watersheds containing threatened or endangered aquatic species.

(2) The Board of Forestry shall appoint an interdisciplinary task force, including representatives of forest landowners within the watershed and appropriate state agencies, to evaluate a watershed, if the board has determined based on evidence presented to it that forest practices in a watershed are measurably limiting to water quality achievement or species maintenance, and either:

(a) The watershed is designated by the Environmental Quality Commission as water quality limited; or

(b) The watershed contains threatened or endangered aquatic species identified on lists that are adopted by rule by the State Fish and Wildlife Commission, or are federally listed under the Endangered Species Act of 1973 as amended.

(3) The board shall direct the task force to analyze conditions within the watershed and recommend watershed-specific practices to ensure water quality achievement or species maintenance.

(4) The board shall consider the report of the task force and take appropriate action.

(5) Nothing in this rule shall be interpreted to limit the Board’s ability to study and address concerns for other species on a watershed basis.

History

Statutory/Other Authority: ORS 527.710 & 527.765
Statutes/Other Implemented: ORS 527.710
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2020

Or. Admin. R. 629-635-0200 Water Classification

(1) The purpose of this water classification system is to match the physical characteristics and beneficial uses of a water body to a set of appropriate protection measures.

(2) For the purposes of applying appropriate protection measures, the State Forester shall classify waters of the state as streams, wetlands, or lakes as described in this rule.

(3) The State Forester shall further classify streams according to their beneficial uses and size. The department shall incorporate the Department of Fish and Wildlife findings regarding fish use and perenniality into the department’s reporting and notification system consistent with sections (11) and (18) of this rule. The department shall work with the Department of Fish and Wildlife to establish procedures for incorporating such findings into the department’s reporting and notification system no later than December 31, 2023. The State Forester shall classify domestic water use streams using information from the Water Resources Department. For an operator to apply streamside protection, the State Forester shall make this information publicly available in the department’s reporting and notification system.

(4) To maintain a statewide data layer describing fish distribution and perenniality, the State Forester shall provide Department of Fish and Wildlife information regarding a water body’s size and beneficial use.

(5) For purposes of protection, the State Forester shall further classify streams into one of the following five beneficial use categories, as defined in OAR 629-600-0100:

(a) Type F;

(b) Type SSBT;

(d) Type Np; or

(e) Type Ns.

(6) For purposes of classification, a stream is considered to have domestic water use only if a water use permit has been issued by the Oregon Water Resources Department.

(7) A channel is considered to have domestic water use upstream of an intake for the distances indicated below:

(a) For domestic water use that is a community water system (as defined under OAR 333-061-0020), Type D classification shall initially apply to the length of stream that was designated as Class I under the classification system that was in effect on April 22, 1994, which is that shown on district water classification maps at the time of adoption of this rule.

(b) For domestic water use that is not a community water system, Type D classification shall be initially applied for the shortest of the following distances:

(A) The distance upstream of the intake to the farthest upstream point of summer surface flow;

(B) Half the distance from the intake to the drainage boundary; or

(c) Type D classification shall apply to tributaries off the main channel as long as the conditions of subsections (7)(a) or (b) of this rule apply.

(d) A representative of a community water system or other domestic use water permit holder may request that the State Forester designate additional lengths of channels upstream of a domestic water intake or reservoir as Type D. The representative or permit holder must present evidence that the additional stream protection is needed. The State Forester will decide whether or not to extend Type D classification to these other channels based on evidence presented by the requesting party showing that protection measures associated with Type N classification would be insufficient to prevent adverse detrimental temperature increases, turbidity increases, or other adverse water quality changes at the domestic water use intake or reservoir.

(e) The process and criteria described in subsection (7)(a), and the criteria under section (7) of this rule will be used to evaluate the extent of Type D classification for new community water systems.

(f) The State Forester will decide whether or not to extend the length of Type D classification within 30 days of the presentation of evidence.

(8) The domestic water use classification may be waived by the State Forester at the request of a landowner who is the sole domestic water use permit holder for an intake and who owns all the land along upstream channels that would be affected by the classification related to that intake. This waiver shall not affect the classification related to downstream domestic water use intakes.

(9) A stream or lake will be considered to have fish use if inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered species under the federal or state endangered species acts.

(10) The fish use classification does not apply to waters where fish were introduced through a fish stocking permit that includes documentation that the stream had no fish prior to stocking.

(11) For the purposes of classifying streams for fish use, the State Forester shall use the procedures in this section:

(a) As of July 1, 2023, the State Forester shall classify streams for fish use according to the fish distribution model developed by using the Fransen (Brian R. Fransen, Steven D. Duke, L. Guy McWethy, Jason K. Walter & Robert E. Bilby. 2006. A Logistic Regression Model for Predicting the Upstream Extent of Fish Occurrence Based on Geographical Information Systems Data, North American Journal of Fisheries Management, 26:4, 960-975) or Penaluna (2022, in publication) models if reviewed by the Department of Fish and Wildlife and is approved based on findings that the model is equal or better than Franson 2006 upon publication. The State Forester shall make the results of the fish use distribution model publicly available in the department’s reporting and notification system.

(b) If the State Forester has not incorporated Penaluna (2022, in publication) by July 1, 2023, then the State Forester shall incorporate the fish use layer developed pursuant to Penaluna (2022, in publication) after July 1, 2023, upon publication provided the Department of Fish and Wildlife makes the findings required in (a) and requests the modification. Otherwise, the State Forester shall replace the model in (a) with an alternate fish use distribution model if developed pursuant to the adaptive management process described in OAR 629-603-0000 through 629-603-0600, provided that any such model is first reviewed and approved by the Department of Fish and Wildlife.

(A) A field survey conducted prior to May 1, 2023, and accepted by the department for purposes of informing compliance with the forest practice rules shall be incorporated into the department’s reporting and notification system, provided that either:

(i) The survey is submitted to the Department of Fish and Wildlife prior to January 1, 2023, and not disqualified by May 1, 2023, for failure to meet the criteria in the Private Forest Accord Report (February 2, 2022); or

(ii) The survey is submitted by the landowner or the department to the Department of Fish and Wildlife after January 1, 2023, but no later than January 1, 2028, and not disapproved by the Department of Fish and Wildlife within ninety days following submission for failure to meet the criteria in the Private Forest Accord Report (February 2, 2022).

(B) A field survey conducted prior to January 1, 2023 not yet accepted by the department for purposes of informing compliance with the forest practice rules shall be incorporated into the department’s reporting and notification system, provided that either:

(i) The survey is submitted to the Department of Fish and Wildlife prior to January 1, 2023 and not disqualified by May 1, 2023 for failure to meet the requirements of the survey protocol in effect as of the date of the survey; or

(ii) The survey is submitted by the landowner or the department to the Department of Fish and Wildlife after January 1, 2023, but no later than January 1, 2028, and not disapproved by the Department of Fish and Wildlife within ninety days following submission for failure to meet the requirements of the survey protocol in effect as of the date of the survey.

(C) A field survey conducted after May 1, 2023 shall be incorporated into the department’s reporting and notification system, provided that either:

(i) The survey is submitted to the Department of Fish and Wildlife and not disqualified within 21 days following submission for failure to satisfy the Department of Fish and Wildlife’s protocols for fish use field surveys; or,

(ii) The survey is otherwise reviewed and approved by the Department of Fish and Wildlife.

(D) A field survey submitted to the Department of Fish and Wildlife pursuant to (11)(c)(A)(i) or (11)(c)(B)(i) above, but disapproved after May 1, 2023 for failure to satisfy the relevant criteria shall be removed from the department’s reporting and notification system, provided that an operator who submitted a notification in reliance on the survey prior to its removal shall be allowed to continue to rely on such survey for purposes of such notified forest operations.

(E) If the Department of Fish and Wildlife does not approve a field survey submitted pursuant to (11)(c)(C)(i) within twenty-one days for failure to meet the requirements of the survey protocol in effect as of the date of the survey, the survey shall be removed from the department’s reporting and notification system. An operator who submitted a notification in reliance on the survey prior to its removal shall be allowed to continue to rely on such survey for purposes of such notified forest operations. Where surveys conflict, the department will use the survey deemed to have the higher level of confidence by the Department of Fish and Wildlife. The selected survey shall control for purposes of the department’s reporting and notification system.

(d) For streams that were initially classified as fish use based on the model, an operator may request that the State Forester conduct a fish presence survey 12 to 24 months before an operation’s scheduled start date to verify the designation of fish use in stream segments associated with the operation.

(A) The State Forester shall make a good faith effort to conduct the requested surveys and shall prioritize requests from landowners who do not have the financial or technical resources to conduct the surveys themselves.

(B) As an option, the landowner may conduct the fish presence survey as specified in (e).

(C) If neither the landowner nor the State Forester can conduct the survey before the operation begins, the fish use classification based on the model shall apply.

(D) If a field survey is conducted by the State Forester, the Department of Fish and Wildlife shall have a 21-day period to review and approve or object to the field survey. If no objection occurs, the survey shall be accepted and the fish use designation will be updated in the department’s notification and reporting system.

(e) To be used for stream classification under this section, field surveys for fish use must be conducted according to the protocol in "Surveying Forest Streams for Fish Use," published by the Department of Forestry and the Department of Fish and Wildlife.

(f) If approved by the Department of Fish and Wildlife, the State Forester may use other information to determine the upstream extent of fish use.

(g) An operator may request an exception to Type F stream classification above an artificial obstruction to fish passage that is documented by field survey as the end of fish use. The State Forester, in consultation with the Department of Fish and Wildlife, shall grant the request after determining that the artificial obstruction is likely to continue to prevent fish passage for a period of time exceeding that needed to regrow trees to a size that would provide key pieces of large wood.

(h) When an exception to Type F stream classification is made above an artificial obstruction to fish passage in accordance with (g), the State Forester shall classify the stream as either Type D or Type N as appropriate and operators must apply the corresponding vegetation retention requirements described in OAR 629-643-0100 through 629-643-0500.

(i) For the purposes of ORS 215.730(1)(b)(C), Type N streams are equivalent to "Class II streams."

(12) For the purposes of stream classification, the State Forester, in consultation with Department of Fish and Wildlife shall use the procedures in this section to determine if a stream has fish use or both fish use and SSBT use.

(a) Streams where the upstream extent of fish use is determined using field methods that also observe SSBT use where those stream segments have not previously been identified as having SSBT use, will be added to the Type SSBT classification in accordance with the Data Standard and Update Protocol referenced in OAR 629-635-0200(13).

(b) For streams where SSBT use is based on observations or habitat, and where that use exists farther upstream than the upstream extent of fish use identified by field methods, the State Forester shall use the farthest upstream segment with SSBT use to reclassify the end of fish use.

(c) For streams where SSBT use is based on observations or habitat, and where that use exists farther upstream than the upstream extent of fish use identified by non-field methods, the State Forester shall use the farthest upstream segment with SSBT use to reclassify the end of fish use.

(d) For streams where SSBT use is based on concurrence of professional opinion, and where that use exists farther upstream than the upstream extent of fish use identified by field methods, the State Forester shall use the farthest upstream segment with fish use to reclassify the end of SSBT use.

(e) For streams where SSBT use is based on concurrence of professional opinion, and where that use exists farther upstream than the upstream extent of fish use identified by non-field methods, the State Forester shall use the farthest upstream segment with SSBT use to reclassify the end of fish use. The State Forester shall re-survey, using field methods, for the upstream extent of fish use upon written request from a landowner whose land immediately adjoins a Type SSBT stream segment described in this subsection.

(f) A landowner may provide evidence to the State Forester that clearly identifies a waterfall or chute type of natural barrier to SSBT use based on field methods described in (11). The State Forester shall evaluate that evidence and make a determination on whether or not to adjust the extent of SSBT use within 30 days of presentation of evidence.

(13) The State Forester will use the standards and procedures in this section to determine if a stream is Type SSBT.

(a) The State Forester will initially classify SSBT use stream segments based on the Fish Habitat Distribution Database on July 1, 2017, excluding historical use stream segments and stream segments identified using habitat evaluation based on modeling according to the Oregon Fish Habitat Distribution Data Standard, Version 3.0, February 2015 (Data Standard) and Oregon Department of Fish and Wildlife Fish Habitat Distribution Data Update Protocol, September 2005 (Update Protocol).

(b) When advised by the Department of Fish and Wildlife that new or higher quality data are available on the distribution of SSBT use, the State Forester will evaluate the need to reclassify SSBT use stream segments. Otherwise, evaluation of new or higher quality data and subsequent reclassification of SSBT use stream segments will occur at least every four years.

(c) As needed, the State Forester will reclassify SSBT use stream segments, except for stream segments added based on concurrence of professional opinion as defined in the Data Standard.

(d) The State Forester will apply SSBT use stream segments to operations described in notifications submitted after the date the stream segments are classified as Type SSBT.

(e) If the Data Standard or Stewardship Plan is revised substantively in any way, the State Forester and the Board of Forestry will evaluate if changes to this rule are required.

(f) Until the State Forester and the Board of Forestry have reviewed and approved revisions to the Data Standard or Stewardship Plan per subsection (13)(e), the State Forester will not reclassify SSBT use stream segments based on information from the new portions of the Department of Fish and Wildlife Data Standard or Update Protocol.

(14) In Eastern Oregon, the State Forester shall determine the classification of a Type Np stream as lateral type Np stream or terminal type Np stream, as defined in OAR 629-600-0100. The department’s reporting and notification system will identify small Type Np streams. Where the location of the modeled end changes based on a valid field survey, as described in (18), then the State Forester shall promptly reclassify upstream segments as lateral or terminal type Np streams.

(15) For each of the five beneficial use categories listed in (4), streams shall be categorized further according to three size categories: large, medium, and small. The size categories are based on average annual flow.

(a) Small streams have an average annual flow of two cubic feet per second or less.

(b) Medium streams have an average annual flow greater than two and less than 10 cubic feet per second.

(16) The assignment of size categories to streams on forestland will be done by the State Forester as follows:

(a) The State Forester will index average annual flow to the upstream drainage area and average annual precipitation. The methodology is described in Forest Practices Technical Guidance. The State Forester shall calculate average annual flow for streams and publish the appropriate size classes in stream classification maps within the department’s reporting and notification system.

(b) Actual measurements of average annual flow may substitute for the calculated flows described in the Forest Practices Technical Guidance.

(c) Any stream with a drainage area less than 200 acres shall be assigned to the small stream category regardless of the flow index calculated in (15)(a).

(17) Wetlands shall be classified further as indicated below:

(a) Significant wetlands, which are:

(A) Wetlands larger than 8 acres;

(B) Estuaries;

(D) Important springs in Eastern Oregon.

(b) Stream-associated wetlands that are less than 8 acres are classified according to the stream with which they are connected.

(c) All other wetlands, including seeps and springs are classified according to their size as either "other wetlands greater than one-quarter acre" or "other wetlands less than one-quarter acre."

(18) By July 1, 2023, the State Forester shall update all published maps and the department’s reporting and notification system to include flow duration for streams in Western Oregon and Eastern Oregon. The State Forester shall maintain in the department’s reporting and notification system a map of perennial flow utilizing the following:

(a) Phase 1 Initial Mapping. The State Forester shall initially map perennial flow of Type N Streams using U.S. Geological Survey NHD high resolution data. The NHD stream layer may assist operational field surveys as described in OAR 629-643-0130 or 629-643-0143 but shall not provide for a modeled end. During this phase landowners shall apply the riparian management area prescriptions to all small Type N streams as described in OAR 629-643-0130 and OAR 629-643-0143, whether or not a stream is mapped as perennial. This requirement ends once the State Forester implements the Phase 2 model.

(b) Phase 2 Model. When advised by the Department of Fish and Wildlife that an approved flow duration model sufficient for regulatory purposes is available, the State Forester shall promptly publish the information, including the modeled end, in all maps and the department’s reporting and notification system, and in no event later than July 1, 2026.

(c) Field Verification. The operator may conduct field surveys for verification of the modeled end in accordance with Department of Fish and Wildlife field protocols for model verification. Once the verified end is approved by the Department of Fish and Wildlife, the State Forester shall substitute the verified end for the modeled end in all maps and the department’s reporting and notification system.

History

Statutory/Other Authority: ORS 527.710, 527.630(3), 527.714, 526.016(4) & section 2(1), chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.714, 527.715, 527.765 & section 2(2), chapter 33, Oregon Laws 2022
DOF 3-2026, amend filed 01/27/2026, effective 03/01/2026
DOF 6-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 9-2006, f. & cert. ef. 10-31-06
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2100

Or. Admin. R. 629-635-0210 Designation of Waters; Notice to Landowners; Reconsideration

(1) The State Forester shall maintain a map showing the classification of waters of the state to assist operators who complete a notice of operations as required by ORS 527.670(6). The State Forester shall include in the map streams, lakes and significant wetlands of known classification and shall make the map publicly available. For streams, the State Forester shall ensure the maps indicate the size class and, when known, flow duration as perennial or seasonal; extent of fish use; extent of SSBT use; and domestic water use classification.

(2) Once a water of the state has been classified according to OAR 629-635-0200, the State Forester shall not change the classification without written notice to the landowners immediately adjoining the portion(s) of water to be reclassified. Notice to landowners shall include the reason for the change of classification and applicable rules.

(3) Any landowner whose land immediately adjoins the water to be reclassified, any landowner who has received a water right or was granted an easement affecting the water classification, or any state resource agency may request reconsideration of classifications of waters of the state by the State Forester. Such a request shall be in writing and shall identify on a map the portion of the stream or water of the state which should be reconsidered. The request shall present evidence that the current classification is not consistent with OAR 629-635-0200.

(4) The State Forester, in consultation with Department of Fish and Wildlife and Water Resources Department, shall have up to 14 days to provide a final decision on a request for reconsideration of water classification. Until such a decision is provided, operators shall conduct any operation based upon the most protective potential water classification.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.765, 527.620 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2110

Or. Admin. R. 629-635-0220 Geographic Regions

For the purposes of assigning protection measures to waters of the state, the State Forester has defined two geographic regions west and east of the Cascade Crest in Oregon, depicted as Western Oregon and Eastern Oregon, respectively. The boundaries and names of the geographic regions are displayed in Figure 1. Geographic regions are not “forest regions” established pursuant to ORS 527.640.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.710, 527.765, 527.620 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2120

Or. Admin. R. 629-635-0300 Riparian Management Areas and Water Quality Protection Measures

(1) Riparian management area widths are designated to provide adequate areas along streams, lakes, and significant wetlands to retain the physical components and maintain the functions necessary to accomplish the purposes and to meet the protection objectives and goals for water quality, fish, and wildlife set forth in OAR 629-635-0100.

(2) Specified protection measures, such as for site preparation, yarding and stream channel changes, are required for operations near waters of the state and within riparian management areas to maintain water quality.

(3) Operators shall apply the specified water quality protection measures and protect riparian management areas along each side of streams and around other waters of the state as described in OAR 629-635-0310 through 629-660-0060.

(4) Operators may vary the width of the riparian management area above or below the average specified width depending upon topography, operational requirements, vegetation, fish and wildlife resources and water quality protection as long as vegetation retention and protection standards are met. However, the average width of the entire riparian management area within an operation must equal or exceed the required width.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.710, 527.765, 527.620 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2150

Or. Admin. R. 629-635-0310 Riparian Management Area Measurements for Streams and Wetlands

(1) The riparian management area measurement widths for streams in each geographic region for both the standard practice prescriptions and small forest owner minimum option prescriptions are provided for each stream type and size classification in OAR 629-643-0100 through 629-643-0500. The measurement widths apply to each side of the stream.

(a) Except as indicated in section (2), the operator shall measure the riparian management area width using the slope distance. The operator shall measure the riparian management area from the edge of the active channel, or channel migration zone if a channel migration zone is present, as defined in OAR 629-600-0100, and consistent with this rule.

(b) Notwithstanding the distances designated in subsection (1)(a), where wetlands or side channels extend beyond the designated riparian management area widths, the operator shall expand the riparian management area as necessary to entirely include any stream-associated wetland or side channel plus at least 25 additional feet.

(2) In situations where the slope immediately adjacent to the stream channel is steep exposed soil, a rock bluff or talus slope, operators shall measure the riparian management area as a horizontal distance until the top of the exposed bank, bluff or talus slope is reached. From that point, the remaining portion of the riparian management area shall be measured as a slope distance.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.710, 527.765, 527.620 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
DOF 1-2017, f. 6-9-17, cert. ef. 7-1-17
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2200

Division 643 WATER PROTECTION RULES: VEGETATION ALONG STREAMS

Or. Admin. R. 629-643-0000 Vegetation Retention Goals for Streams; Desired Future Conditions

(1) The purpose of this rule is to describe the vegetation retention measures for streams, the measures’ purposes, and how the measures shall be implemented. The vegetation retention requirements for streams, as described in OAR 629-643-0100 through 629-643-0500, are designed to produce desired future conditions for the wide range of stand types, channel conditions, and disturbance regimes that exist in Oregon’s forestlands.

(2) The desired future condition for streamside areas that require forested buffers is to grow and retain vegetation so that, over time, average conditions across the landscape become similar to the conditions of mature streamside stands. Oregon has a tremendous diversity of forest tree species and stand density along waters of the state. The age of mature streamside stands varies by tree species. Mature stands generally occur between 80 and 200 years of stand age. Hardwood stands and some conifer stands may become mature at an earlier age. Mature forests provide ample shade over the channel, an abundance of large wood in the channel, channel-influencing root masses along the edge of the high-water level, and regular inputs of nutrients through litter fall. Mature forests are generally composed of multi-aged trees of appropriate and varied density, native tree species well suited to the site, a mature understory, snags, and downed wood.

(3) For the forests specified in (2) above, the rule standards for desired future conditions and located in Western Oregon or the inner zone in Eastern Oregon can be developed by using normal conifer yield tables for the average upland stand consistent with the geographic region to estimate the conifer basal area for average unmanaged mature streamside stands (at age 120). For site specific vegetation retention prescriptions basal area targets, see the table in OAR 629-643-0400.These rule standards provide guidance for operators to implement site specific alternate plans to develop site specific vegetation prescriptions, described in OAR 629-643-0400.

(4) The desired future condition for streamside areas that do not require tree retention areas, as defined in OAR 629-643-0130, is to have sufficient streamside vegetation to support the functions and processes important to downstream fish use waters and domestic water use, and to provide habitat for amphibians and other wildlife across the landscape. Such functions and processes include but are not limited to:

(a) Maintaining downstream cool water temperature and other water quality parameters;

(b) Influencing sediment production;

(d) Contributing nutrients and organic matter.

(5) In many cases, the operator may achieve the desired future condition for streams by applying the standard vegetation retention and small forestland owner minimum option prescriptions as described in OAR 629-643-0100, 629-643-0105, 629-643-0120, 629-643-0125, 629-643-0130, 629-643-0135, 629-643-0141, 629-643-0142, 629-643-0143, and 629-643-0145. In other cases, the existing streamside vegetation may not be able to develop into the desired future condition in a timely manner. In these cases, the operator may apply an alternative vegetation retention prescription as described in OAR 629-643-0300 or develop a site-specific vegetation retention prescription as described in OAR 629-643-0400. For the purposes of these water protection rules, "in a timely manner" means that the trees within the riparian management area will substantially move towards the desired future condition more quickly than if the trees are left untreated.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.765, 527.630, Section 2(2), Chapter 33, Oregon Laws 2022, ORS 527.714 & Section 6, Chapter 33, Oregon Laws 2022
DOF 2-2025, amend filed 09/05/2025, effective 03/01/2026
DOF 7-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-643-0100 Western Oregon; Standard Practice Vegetation Retention Prescription for Type F and Type SSBT Streams

(1) The purpose of this rule is to provide the standard practice vegetation retention prescription for Western Oregon Type F and Type SSBT streams, as shown in Table 1. The riparian management area distances described in Table 1 are listed for each stream size category, as defined in OAR 629-635-0200. The operator shall apply the vegetation retention requirements described in this rule. Small forestland owners, as defined in OAR 629-600-0100, may follow the alternative vegetation retention option described in OAR 629-643-0141.

(2) Within an operation, the operator shall not combine or average together the vegetation retention requirements for stream segments of streams that are in different size categories.

(3) The operator shall retain:

(a) All trees and vegetation within the distances from the edge of the active channel or the channel migration zone, as described in Table 1; and

(b) All trees leaning over the channel.

(4) Within riparian management areas the operator shall retain all downed wood and snags that are not safety or fire hazards. The operator shall leave snags felled for safety or fire hazard reasons where they are felled unless used for stream improvement projects.

(5) The operator may fall, move, or harvest vegetation, snags, and trees within the distances described in Table 1 as allowed in other rules for road construction and temporary stream crossings (OAR 629-625-0000 through 629-625-0920), yarding corridors (OAR 629-630-0000 through 629-630-0925), or for stream improvement (OAR 629-643-0200).

(6) The operator may conduct pre-commercial thinning and other release activities to maintain the growth and survival of reforestation or to promote fire resiliency within riparian management areas if the operator conforms to the following:

(a) The operator shall ensure these activities contribute to and are consistent with enhancing the stand’s ability to meet the desired future condition; and

(b) The operator shall submit to the State Forester a written plan that describes how the operator will meet these requirements and the goals of the desired future condition.

(7) The operator may count retained trees within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, as follows:

(a) For all medium and large Type F and Type SSBT streams, the operator may count retained trees within the outer 20 feet of the distances described in Table 1 when those retained trees otherwise meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676.

(b) For all small Type F and Type SSBT streams, the operator may count retained trees within the distances described in Table 1 that otherwise meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676.

(8) If the vegetation retention requirements span a road and a safety hazard presents a risk to road users, the operator may request that the State Forester approve a plan to remove trees upslope of the road. The State Forester shall authorize tree removal within the designated tree retention area only under the following conditions:

(a) Within the tree retention area, the width of the area where trees may be harvested from the upslope edge of the road shall be less than 15 feet.

(b) An equivalent basal area is retained elsewhere within the harvest unit adjacent to the tree retention area or designated debris flow traversal areas.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 16-2024, amend filed 02/21/2024, effective 02/21/2024
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 5-2022, adopt filed 11/09/2022, effective 07/01/2023

Or. Admin. R. 629-643-0105 Western Oregon Standard Practice Vegetation Retention Prescription for Type N Streams

(1) The purpose of this rule is to provide the standard practice vegetation retention prescription for Western Oregon Type N streams, as shown in Table 1. The riparian management area distances described in Table 1 are listed for each stream size category, as defined in OAR 629-635-0200. The operator shall apply the vegetation retention requirements described in this rule. Small forestland owners, as defined in OAR 629-600-0100, may follow the alternative vegetation retention option described in OAR 629-643-0141.

(2) The standard practice prescriptions and riparian management widths apply to Type N streams, depending on whether the stream classification is perennial (Np) or seasonal (Ns). The State Forester shall classify a Type N stream as Np or Ns following the process described in OAR 629-635-0200(18)(b) and (c).

(3) For large and medium Type N streams, the operator shall:

(a) Retain all trees and vegetation within 75 feet from the edge of the active channel or channel migration zone.

(b) Retain all trees leaning over the channel.

(4) For small Type Np streams flowing into a Type SSBT stream, the operator shall retain all trees within:

(a) 75 feet from the edge of the active channel for a maximum distance of 500 feet upstream of the confluence of the Type SSBT stream; and

(b) 50 feet from the edge of the active channel for a maximum additional distance of 650 feet upstream beyond the distance required by (a);

(A) The operator shall determine the total distance of the tree retention area upstream of the confluence, as described in (a) and (b), according to the process in OAR 629-643-0130

(B) This distance may extend to the RH max of 1,150 feet.

(c) For locations upstream of the tree retention requirements in this rule, the operator shall apply an R-ELZ or ELZ as required in OAR 629-643-0130 and as further defined in OAR 629-630-0700(6) and 629-630-0800(8).

(5) For small Type Np streams flowing into a Type F stream, the operator shall retain all trees within 75 feet from the edge of the active channel for a distance not to exceed RH max of 600 feet upstream of the confluence with the Type F stream.

(a) The operator shall determine the total distance of the tree retention area according to the process in OAR 629-643-0130.

(b) For locations upstream of the tree retention requirements in this rule, the operator shall apply an R-ELZ or ELZ as required in OAR 629-643-0130 and as further defined in OAR 629-630-0700(6) and 629-630-0800(8).

(6) Within riparian management areas, the operator shall retain all downed wood and snags that are not safety or fire hazards. The operator shall leave all snags felled for safety or fire hazard reasons where they are felled unless used for stream improvement projects.

(7) The operator may fall, move, or harvest vegetation, snags, and trees within the distances described in Table 1 as allowed in other rules for road construction and temporary stream crossings (OAR 629-625-0000 through 629-625-0920), yarding corridors (OAR 629-630-0000 through 629-630-0925), or for stream improvement (OAR 629-643-0200).

(8) The operator may conduct pre-commercial thinning and other release activities to maintain the growth and survival of reforestation or to promote fire resiliency within riparian management areas if the operator conforms to the following:

(a) The operator shall ensure that such activities contribute to and are consistent with enhancing the stand’s ability to meet the desired future condition.

(b) The operator shall submit to the State Forester a written plan that describes how the operator will meet these requirements and the goals of the desired future condition.

(9) For all Type Np or Type Ns streams, the operator may count all retained trees within the distances described in Table 1 that otherwise meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676.

(10) If the vegetation retention requirements span a road and a safety hazard presents a risk to road users, the operator may request that the State Forester approve a plan to remove trees upslope of the road. The State Forester shall authorize tree removal within the designated tree retention area only under the following conditions:

(a) Within the tree retention area, the width of the area where trees may be harvested from the upslope edge of the road shall be less than 15 feet.

(b) An equivalent basal area shall be retained elsewhere within the harvest unit adjacent to the tree retention area or designated debris flow traversal areas.

(11) For a Type Ns streams, the operator shall apply a 35-foot ELZ to each side of the channel as required in OAR 629-630-0700 and 629-630-0800.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-643-0120 Eastern Oregon; Standard Practice Vegetation Retention Prescription for Type F and Type SSBT Streams

(1) The purpose of this rule is to provide the standard practice vegetation retention prescription for Eastern Oregon Type F and Type SSBT streams, as shown in Table 2. The riparian management area distances described in Table 2 are listed for each stream size category, as defined in OAR 629-635-0200. The operator shall apply the vegetation retention requirements described in this rule. Small forestland owners, as defined in OAR 629-600-0100, may follow the alternative vegetation retention option described in OAR 629-643-0142.

(2) Within an operation, the operator shall not combine or average together the vegetation retention requirements for stream segments of streams that are in different size categories.

(3) The operator shall retain:

(a) All trees and vegetation within the inner zone, as described in Table 2, from the edge of the active channel or channel migration zone;

(b) All trees leaning over the channel; and

(A) The outer zone distances for each stream size, as described in Table 2, for the outer zone, as measured from the edge of the inner zone. To meet the basal area target requirement, the operator shall retain 27 trees from the largest diameter class per acre.

(B) The remainder of the trees shall consist of trees greater than eight inches DBH.

(C) When present, retained species shall consist of ponderosa pine, Douglas-fir, Western larch, hardwoods, and other species that are considered fire-resilient.

(D) Retained trees shall be well distributed within the outer zone, limited by existing site or stand condition

(E) Notwithstanding (A) through (D) above, the distribution, species, and size of retained trees shall be left on site in a way that promotes fire resiliency and overall stand health.

(F) The operator shall submit to the State Forester a written plan that describes how the operator will meet these requirements and the goals of the desired future condition.

(4) The operator shall adhere to an ELZ in the outer zone, as required in OAR 629-643-0130 and as further defined in OAR 629-630-0700(6) and 629-630-0800(8).

(5) The operator may fall, move, or harvest vegetation, snags, and trees within the distances described in Table 2 and as allowed in other rules for road construction and temporary stream crossings (OAR 629-625-0000 through 629-625-0920), yarding corridors (OAR 629-630-0000 through 629-630-0925), or for stream improvement (OAR 629-643-0200).

(a) The operator shall ensure that such activities contribute to and are consistent with enhancing the stand’s ability to meet the desired future condition.

(b) The operator shall submit to the State Forester a written plan that describes how the operator will meet these requirements and the goals of the desired future condition.

(7) The operator may count all retained trees in the outer zone that otherwise meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676.

(8) If the vegetation requirements span a road and a safety hazard presents a risk to road users, the operator may request that the State Forester approve a plan to remove trees upslope of the road. The State Forester shall authorize tree removal within the designated tree retention area only under the following conditions:

(a) Within the tree retention area, the width of the area where trees may be harvested from the upslope edge of the road shall be less than 15 feet.

(b) The operator retains an equivalent basal area elsewhere within the harvest unit adjacent to the tree retention area.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 527.710, 527.630(3), 527.714, 526.016(4) & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.630(5), 527.674, 527.714, 527.715, 527.765, 527.710 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 16-2024, amend filed 02/21/2024, effective 02/21/2024
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 5-2022, adopt filed 11/09/2022, effective 07/01/2023

Or. Admin. R. 629-643-0125 Eastern Oregon; Standard Practice Vegetation Retention Prescription for Type N Streams

(1) The purpose of this rule is to provide the standard practice vegetation retention prescription for Eastern Oregon Type N streams, as shown in Table 2. The riparian management area distances described in Table 2 are listed for each stream size category, as defined in OAR 629-635-0200. The operator shall apply the vegetation retention requirements described in this rule. Small forestland owners, as defined in OAR 629-600-0100, may follow the alternative vegetation retention option described in OAR 629-643-0142.

(2) The standard practice prescriptions and riparian management widths apply to Type N streams, depending on whether the stream classification is perennial (Np) or seasonal (Ns). The State Forester shall determine the classification of a Type N stream as Np or Ns following the process described in OAR 629-635-0200(18).

(a) To apply the appropriate vegetation requirements as described in Table 2, a small Type Np stream shall be classified as either terminal or lateral.

(b) The State Forester shall provide maps that show the stream class.

(3) For large and medium Type Np streams, the operator shall:

(a) Retain all trees and vegetation within the inner zone.

(b) Retain all trees leaning over the channel.

(A) For the outer zone, a minimum of 60 square feet of basal area per acre beyond the 30-foot inner zone, using the distances shown for the stream size described in Table 2. The operator shall measure the outer zone starting from the edge of the inner zone. To meet the basal area target requirement, the operator shall retain 27 trees from the largest diameter class per acre.

(B) The remainder of the trees shall consist of trees greater than eight inches DBH.

(C) When present, retained species shall consist of ponderosa pine, Douglas-fir, Western larch, hardwoods, and other species that are considered fire-resilient.

(D) Retained trees shall be well distributed within the outer zone unless limited by existing site or stand conditions.

(E) Notwithstanding (A) through (D) above, the distribution, species, and size of retained trees shall be left on site in such a way that promotes fire resiliency and overall stand health and shall be described in the written plan.

(F) The operator shall submit to the State Forester a written plan that describes how the operator will meet these requirements and the goals of the desired future condition.

(d) For locations upstream from the tree retention requirements in this rule, the operator shall apply an R-ELZ or ELZ as required in OAR 629-643-0130 and as further defined in OAR 629-630-0700(6) and 629-630-0800(8).

(4) For a small terminal Type Np stream flowing into a Type F or Type SSBT stream, the operator shall retain all trees within:

(a) 30 feet from the edge of the active channel, for a maximum distance of 500 feet upstream of the confluence with the Type F or Type SSBT stream. The operator shall determine the total distance of the tree retention area above the confluence according to the requirements in OAR 629-643-0130. This distance may extend to the RH max of 500 feet.

(b) Outside of 30 feet and extending to 60 feet from the active channel, the outer zone retention requirements shall apply upstream for the same distance required in (a) as follows:

(A) A minimum of 60 square feet of basal area per acre.

(B) To meet the basal area target requirement, the operator shall retain 27 trees from the largest diameter class per acre.

(D) When present, retained species shall consist of ponderosa pine, Douglas-fir, Western larch, hardwoods, and other species that are considered fire-resilient.

(E) Retained trees shall be well distributed within the outer zone limited by existing site or stand conditions.

(F) Notwithstanding (A) through (E) above, the distribution, species, and size of retained trees shall be left on site in such a way that promotes fire resiliency and overall stand health.

(G) The operator shall submit to the State Forester a written plan that describes how the operator shall meet these requirements and the desired future condition for the outer zone.

(5) For small lateral Type Np streams flowing into a Type F or Type SSBT stream, the operator shall retain all trees within 30 feet from the edge of the active channel for a maximum distance of 250 feet upstream of the confluence with the Type F or Type SSBT stream.

(a) The operator shall determine the total distance of the tree retention area above the confluence according to the process in OAR 629-643-0130.

(b) The operator shall adhere to an ELZ in the inner zone for 30 feet, extending from the edge of the active channel.

(6) For small Type Ns streams flowing into Type F or Type SSBT stream within 30 feet of the active channel, the operator shall:

(a) Adhere to an R-ELZ for 750 feet extending the from the confluence and retain all shrubs and trees under six inches DBH to the extent that is practical due to site conditions.

(b) Adhere to an ELZ upstream of the R-ELZ and for the remainder of the Type Ns channel.

(7) The operator may conduct pre-commercial thinning and other release activities to maintain the growth and survival of reforestation or to promote fire resiliency within riparian management areas if the operator conforms to the following:

(a) The operator shall ensure that such activities contribute to and are consistent with enhancing the stand’s ability to meet the desired future condition.

(b) The operator shall submit to the State Forester a written plan that describes how the operator will meet these requirements and the goals of the desired future condition.

(a) Within the tree retention area, the width of the area where trees may be harvested from the upslope edge of the road shall be less than 15 feet.

(b) An equivalent basal area is retained elsewhere within the harvest unit adjacent to the tree retention area.

(9)For all Type N streams, the operator may count all retained trees in the outer zone that otherwise meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 16-2024, amend filed 02/21/2024, effective 02/21/2024
DOF 13-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-643-0130 Standard Practice Requirements for Small Type N Streams

(1) For purposes of determining the vegetation retention area and streamside retention requirements for a small Type Np stream that flows into a Type F or Type SSBT stream, the operator must, depending on the circumstance, retain trees based on distances relative to:

(a) A verified end as described in OAR 629-635-0200(18)(c);

(b) A modeled end as described in OAR 629-635-0200(18)(b); or

(2) The operator shall apply the tree retention requirements based on the stream’s location (Western Oregon or Eastern Oregon) and fish use classification (Type F or Type SSBT) immediately downstream from the small Type Np stream, as shown in Tables 1 through 4 for small Type Np streams.

(3) If the operator uses the standard practice, the operator shall use small Type Np tree retention area distances for width and the RH max as described in Tables 1 and 2. If a small forestland owner uses the small forestland owner minimum option, the small forestland owner shall use the small Type Np tree retention area distances for width and RH max described in Tables 3 and 4. The following requirements are considered the standard practice for small Type Np streams. For small forestland owners, operational field survey and tree retention requirements are available in OAR in 629-643-0143.

(4) If the Department of Fish and Wildlife has established a verified end pursuant to a model verification field survey, then:

(a) The applicable tree retention area for small Type Np streams shall begin at the confluence of the fish use stream and extend upstream to the shorter of:

(A) The verified end, in which case the operator shall extend the tree retention area using a radius equal to the width of the retention area; or

(B) The RH max, in which case the end of the tree retention area shall be perpendicular to the stream channel.

(b) An R-ELZ shall extend between the RH max and the verified end, when the verified end is upstream of the RH max.

(5) If the Department of Fish and Wildlife has not established a verified end pursuant to field survey, then the operator shall determine the extent of vegetation retained relative to either a modeled end, or pursuant to an operational field survey.

(a) If the operator uses a modeled end:

(A) The applicable tree retention area for small Type Np streams shall begin at the confluence of the fish use stream and extend upstream to the shorter of:

(i) The modeled end, in which case the operator shall extend the tree retention area using a radius equal to the width of the retention area; or

(ii) The RH max, in which case the end of the tree retention area shall be perpendicular to the stream channel.

(B) An R-ELZ shall extend between the RH max and the modeled end, when the modeled end is upstream of the RH max.

(b) If the operator uses an operational field survey, as described in this rule and OAR 629-635-0200(18):

(A) The applicable tree retention area for small Type Np streams shall begin at the confluence of the fish use stream and extend upstream to the shorter of:

(i) The upstream end of the most upstream flow feature within the area of inquiry, in which case the operator shall extend the tree retention area using a radius equal to the width of the retention area; or

(ii) The RH max, in which case the upstream end of the tree retention area shall be perpendicular to the stream channel.

(B) An R-ELZ shall extend from the RH Max to the most upstream flow feature within the area of inquiry, when such flow feature is upstream of the RH max.

(C) If flowing water too short to be considered a flow feature is encountered upstream of the most upstream flow feature, and both are within the area of inquiry but downstream of the RH max, the operator shall:

(i) Retain all trees within 50 feet of the flowing water; and

(ii) Extend an R-ELZ from the upstream end of the most upstream flow feature within the area of inquiry to the downstream end of the tree retention area described in Section 5(b)(C)(i).

(D) Notwithstanding any other requirement, the operator shall extend an ELZ upstream of the tree retention area or the R-ELZ, if any, for the remainder of the Type N channel as described in this rule.

(6) All operational field surveys conducted pursuant to Section 5(b) above and 7 below must comply with the following:

(a) During Phase 1, as described in OAR 629-635-0200(18)(a), an operator may conduct an operational field survey without advance notification to the Department of Fish and Wildlife, and the department shall allow a lower level of map precision for surveyed points, provided that any survey that uses a lower level of map precision will not be included in the department’s reporting and notification system as described in (6)(d) below.

(b) Unless the survey is submitted pursuant to (6)(a) above, an operator must notify the Department of Fish and Wildlife in advance of conducting an operational field survey. The operator may notify the Department of Fish and Wildlife at any time prior to conducting the survey, including immediately prior, but no more than two years in advance. Once an operator has notified the Department of Fish and Wildlife of its intent to conduct a survey pursuant to this subsection (6)(b), any notification of operation submitted to the department’s reporting and notification system for the surveyed area must include either:

(A) The completed survey, or

(B) A certification that the landowner did not initiate the survey.

(c) The State Forester, in consultation with Department of Fish and Wildlife, shall review all operational field surveys submitted pursuant to (6)(a) and (6)(b) above. Unless disapproved by the Department of Fish and Wildlife within 21 days following submission to the department, the field survey will define the relevant attributes of the layout described in Section 5(b) above and 7 below.

(d) Unless disapproved by the Department of Fish and Wildlife or submitted pursuant to (6)(a), the State Forester shall add the location and extent of the most upstream flow feature from an operational field survey to the department’s reporting and notification system. Operators may rely upon and operate pursuant to prior operational field surveys recorded in the department’s reporting and notification system.

(e) In coordination with Department of Fish and Wildlife, the State Forester shall provide an expeditious process for resolution of disapproved surveys.

(f) Once phase 2 flow modeling is complete, as described in 629-635-0200(18)(b), operational field surveys as described in 5(b) above or 7 below to determine the applicable tree retention area for small Type Np streams shall be constrained as follows:

(A) When an operator completes a survey during a drought year, as defined by the Department of Fish and Wildlife for the purpose of operational field surveys, the most upstream flow feature within the area of inquiry shall be the longer of:

(i) The modeled end, or

(ii) The uppermost flow feature within the area of inquiry.

(B) When an operator conducts a survey during an abnormally wet year, as defined by the Department of Fish and Wildlife for the purpose of operational field surveys, the area of inquiry shall stop at the modeled end.

(g) All operational field surveys must adhere to Department of Fish and Wildlife protocols for operational field surveys.

(h) The department shall publish Forest Practices Technical Guidance to assist operators with layout pursuant to operational field surveys.

(7) If an operator does not have the legal right to survey an entire area of inquiry due to the location of one or more property boundaries, the operator may conduct an operational field survey to determine small Type Np stream vegetation retention requirements as follows:

(a) If access to the neighboring property is available to the operator, the operator may complete a survey of the entire area of inquiry and complete layout as described in Section (5)(b).

(b) If the operation will take place on property downstream of the ownership boundary and the area of inquiry crosses the property boundary, the operator shall survey the portion of the area of inquiry legally accessible to the operator, and the extent of vegetation retention requirements shall adhere to the following:

(A) Where the department’s reporting and notification system evidences a flow feature on the neighboring property upstream but still within the area of inquiry, then the tree retention area will begin at the confluence with a fish use stream and extend to the shorter of:

(i) The RH max, in which case the upstream end of the retention area shall be perpendicular to the stream channel; or

(ii) The property line.

(B) Where the department’s reporting and notification evidences no flow feature upstream on the neighboring property upstream but still within the area of inquiry, then the applicable tree retention area for small Type Np streams shall begin at the confluence of the fish use stream and extend upstream to the shorter of:

(i) The RH max, in which case the upstream end of the retention area shall be perpendicular to the stream channel; or

(ii) The most upstream flow feature within the area surveyed by the operator, in which case the operator shall extend the tree retention area using a radius equal to the width of the retention area.

(D) If flowing water that is too short to be considered a flow feature is encountered within the area surveyed and upstream of the most upstream flow feature but downstream of the RH max the operator shall retain all trees within 50 feet of the flowing water.

(c) If the operation will take place on property upstream of an ownership boundary bisecting an area of inquiry, the operator shall presume that a flow feature ends immediately downstream of the ownership boundary, shall use map distances to determine the distance between the confluence and the property boundary, and the remainder of the vegetation retention requirements for the small Type Np stream shall be laid out in in accordance with Section 5(b) above. In Phase 1, the area of inquiry for such an operation shall begin at the property ownership boundary.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-643-0135 Standard Practice Vegetation Retention for Seeps and Springs, Side Channels, and Stream-Associated Wetlands

(1) In Western Oregon, for seeps and springs located within the distances described in Table 1, the operator:

(a) Shall retain all trees within 35 feet of the seeps and springs. Shall extend the designated riparian management area widths in Table 1, if necessary, to retain all trees beyond the seep or spring up to a maximum of 35 feet. No additional tree retention area shall be required if the 35 feet of tree retention already exists within the retention area described in Table 1. The operator shall limit the length of additional tree retention area along the stream to the seep and spring feature length.

(b) Is encouraged to retain trees that meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, that are immediately adjacent to seeps and springs, as described in OAR 629-655-0000.

(2) In Eastern Oregon, for seeps and springs located within the inner zone distances described in Table 2, the operator:

(a) Shall retain all trees within 35 feet of seeps and springs by extending the riparian management area inner zone widths designated in Table 2, as needed. No additional tree retention area shall be required if the 35 feet of tree retention already exists within the retention area within inner zone described in Table 2. The operator shall limit the length of additional tree retention area along the stream to the seep and spring feature length. These rules do not apply to seeps and springs that are identified as important springs, as described in OAR 629-645-0000.

(3) In both Western Oregon and Eastern Oregon, for side channels and wetlands that extend beyond riparian management areas described in Tables 1 and 2, the operator shall expand the tree retention area to entirely include any stream-associated wetland plus at least 25 additional feet.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 16-2024, amend filed 02/21/2024, effective 02/21/2024
DOF 14-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-643-0140 Small Forestland Owner Minimum Option Vegetation Retention Prescription Requirements

(1) The goals of the small forestland owner minimum option vegetation retention requirements are to recognize the inherent differences in the needs and requirements of these owners while meeting the overall objectives of the Private Forest Accord Report, including but not limited to:

(a) Minimizing the conversion of timberlands to other uses while recognizing conversion to other land uses may occur;

(b) Minimizing the conversion of timberlands through a system of incentives, education, and regulatory stability for the small forestland owner; and

(c) Providing a landowner who may face disproportionate economic impact from revised riparian vegetation retention rules with an optional prescription while providing for equal environmental outcomes and the potential for increased financial outcomes.

(2) For the purposes of this rule, a landowner who qualifies as a small forestland owner, as described in OAR 629-607-0200, may use one of the following riparian vegetation retention options:

(a) The standard practice retention prescriptions described in Table 1 for Western Oregon and Table 2 for Eastern Oregon. The standard practice is available to optimize environmental benefits and mitigate risks to natural resources.

(b) The small forestland owner minimum option vegetation retention prescriptions described in Table 3 for Western Oregon and Table 4 for Eastern Oregon, as limited by the terms of this rule and OAR 629-607-0400. The small forestland owner minimum option prescription applies to harvest types 1, 2, and 3 within the riparian areas of both Western Oregon and Eastern Oregon streams.

(c) The forest conservation tax credit option. The standard practice riparian vegetation retention prescription with the option to apply for the forest conservation tax credit, as described in OAR 629-607-0400 through 629-607-0800. When the small forestland owner requests the forest conservation tax credit as part of a notice of operation, the State Forester shall review the request and notify the small forestland owner whether the small forestland owner is eligible for the credit. If the State Forester approves a request for a forest conservation tax credit, the small forestland owner shall receive a state tax credit for the stumpage value of this timber.

(3) Forest conservation tax credit. In addition to the small forestland owner minimum option, the small forestland owner may follow the standard practice vegetation retention requirements available to small forestland owners. When the small forestland owner selects the standard practice retention requirements in either Western Oregon or Eastern Oregon, the small forestland owner may apply for a forest conservation tax credit.

(a) A small forestland owner who selects the standard practice shall follow the same requirements in the standard practice retention rules for the riparian management area for harvest types 1, 2, and 3.

(b) A small forestland owner who selects the standard practice shall define the forest conservation area as the area between the outermost edge of the standard practice width and the outermost edge of the small forestland owner minimum option width.

(c) The forest conservation tax credit is equal to 100 percent of the stumpage value of standing trees that are retained in the forest conservation area, as described in OAR 629-607-0500. A small forestland owner who receives the forest conservation tax credit shall retain the trees within the forest conservation area for 50 years as required by the forest conservation tax credit program.

(d) A small forestland owner completing a harvest type 4 is not eligible to claim the forest conservation tax credit. No other limitations are in place for using a harvest type 4 within the fifth-field watershed.

(4) Fifth field watershed restriction for using the small forestland owner minimum option. There is a limit to the use of the small forestland owner minimum option within a fifth field watershed as delineated by the U.S. Geological Survey. It is limited to five percent of the riparian areas owned by small forestland owners in a fifth field watershed within a five-year period. The department will track the use of the small forestland owner minimum options as described in (4)(a)(C). Within 90 days after a small forestland owner completes a timber harvest adjacent to a riparian area, the small forestland owner who selects the small forestland owner minimum option shall report to the State Forester the total lineal feet of riparian area where the small forestland owner minimum option is applied within the harvest area. When reporting total lineal feet, the small forestland owner shall include each side of the stream. The small forestland owner shall report lineal feet in horizontal distance. The small forestland owner may use the small forestland owner minimum option harvest prescription in any defined fifth-field watershed based on the following criteria:

(a) When there are multiple small forestland owners within a fifth-field watershed, the small forestland owners within the watershed may use the small forestland owner minimum option for harvest types 1, 2, and 3 on no more than five percent of the total horizontal lineal feet of streams in the watershed. The five percent maximum harvest limitation applies, in aggregate, to all small forestland owners within the fifth-field watershed. The five percent is measured within a five-year period.

(A) For the five percent maximum harvest limitation described in (a), the State Forester shall track stream distances for Type F and Type N streams separately. For this rule’s tracking purposes, Type F streams shall include Type SSBT streams.

(B) The State Forester shall calculate the five percent maximum harvest limitation per fifth-field watershed using the five-year rolling average for each stream classification. The five percent maximum harvest limitation is calculated using the total horizontal lineal feet of riparian area harvest per stream classification (Type F or Type N), divided by the total available lineal feet of Type F and Type N streams in the defined watershed. Type F and Type N restrictions may be different in a fifth field watershed.

(i) Consideration of the five-year rolling average for calculating the lineal feet of riparian harvest shall be continuous.

(ii) Any harvest and the associated lineal feet that is older than five years shall be excluded from tracking and from the calculation of the watershed harvest limitation for each stream classification.

(C) The State Forester shall track lineal feet for each side of the stream associated with the small forestland owner minimum option tracking. Harvest occurring exclusively on one side of the stream shall be counted as one-half the lineal feet for the stream segment.

(b) When the five percent maximum harvest limitation exists for a defined watershed and the small forestland owner chooses to use the small forestland owner minimum option prescription, the small forestland owner may select from either option (A) or (B):

(A) Enroll on a waiting list to utilize the small forestland owner minimum option prescription at a time when the limitation has lowered below the calculation in (5)(a).

(i) The State Forester shall maintain and update the list on a first come, first served basis. The department shall notify any enrolled small forestland owner when the opportunity to utilize the small forestland owner minimum option becomes available.

(ii) After the State Forester provides the small forestland owner with a notification of eligibility, the small forestland owner shall elect to harvest according to the small forestland owner minimum option or forfeit priority on the waiting list.

(B) The small forestland owner may use the standard practice retention requirement and apply for a tax credit for the forest conservation area at 125 percent of the value for which the small forestland owner would have been eligible under the forest conservation tax credit program in OAR 629-607-0400 through 629-607-0800.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 16-2024, amend filed 02/21/2024, effective 02/21/2024
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-643-0141 Western Oregon; Small Forestland Owner Minimum Management Option Prescription

(1) The purpose of this rule is to provide the small forestland owner minimum option prescription for vegetation retention in Western Oregon riparian areas, as shown in Table 3.

(2) The small forestland owner shall apply the vegetation retention requirements to the riparian management areas of Type F, Type SSBT, and Type N streams. All other requirements for the standard practice prescription rules shall apply.

(3) The small forestland owner shall retain all trees and vegetation within the distances shown in Table 3, measured from the edge of the active channel or the channel migration zone, if a channel migration zone is present.

(4) For small Type Np streams flowing into a Type SSBT stream, the small forestland owner shall retain all trees as follows:

(a) All trees within 35 feet of the active channel, for a maximum distance of 1,150 feet upstream of the Type SSBT stream.

(b) The total distance of the tree retention area in (a) above the confluence according to the process in OAR 629-643-0143.

(c) Locations outside the tree retention area retention requirements. The small forestland owner shall apply an R-ELZ or ELZ as required in OAR 629-643-0143.

(5) For small Type Np streams flowing into a Type F stream, the small forestland owner shall retain all trees as follows:

(a) Within 35 feet of the active channel, for a maximum distance of 600 feet upstream of the Type F stream.

(b) Above the confluence, the total distance of the tree retention area in (a) shall be determined according to the process in OAR 629-643-0143.

(c) Locations outside the tree retention area retention requirements, the small forestland owner shall apply an R-ELZ or ELZ as required in OAR 629-643-0143.

(6) For Type Np and Type Ns streams outside the tree retention area described in this rule, the small forestland owner shall follow all other Type N ELZ standard practice requirements as described in OAR 629-643-0105.

(7) The small forestland owner may count retained trees within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, as follows:

(a) For all medium and large Type F and Type SSBT streams, retained trees within the outer 20 feet of the distances described in Table 3, that otherwise meet the wildlife leave trees requirements, may be counted towards the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676.

(b) For all small Type F and Type SSBT streams, and all Type N streams, retained trees that otherwise meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, may be counted. Trees retained in the forest conservation area may be counted toward these requirements.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-643-0142 Eastern Oregon; Small Forestland Owner Minimum Option Prescription

(1) The purpose of this rule is to provide the small forestland owner minimum option prescription for vegetation retention in Eastern Oregon riparian areas, as shown in Table 4.

(2) The small forestland owner shall apply the vegetation retention requirements to the riparian management areas of Eastern Oregon Type F, Type SSBT, and Type N streams.

(3) All other requirements for the standard practice prescription rules shall apply.

(4) Both the small forestland owner minimum option and the standard practice prescriptions and riparian management widths apply to Type N streams depending on whether the stream classification is perennial (Np) or seasonal (Ns). The State Forester shall determine the classification of a Type N stream as Np or Ns following the process described in OAR 629-635-0200(18).

(a) To apply the appropriate vegetation requirements as described in Tables 2 and 4, a small Type Np stream shall be classified as either terminal or lateral.

(b) The State Forester shall provide these maps that show the stream classification that identify the small Type Np streams.

(5) For all Type F, Type SSBT, and large and medium Type N streams, the small forestland owner shall:

(a) Retain all trees and vegetation within the inner zone.

(b) Retain all trees leaning over the channel.

(A) For the outer zone, a minimum of 60 square feet of basal area per acre beyond the 30-foot inner zone, using the distances shown for the stream size described in Table 4. The small forestland owner shall measure the outer zone starting from the edge of the inner zone. To meet the basal area target requirement, the small forestland owner shall retain 27 trees from the largest diameter class per acre.

(B) The remainder of the trees shall consist of trees greater than eight inches DBH.

(C) When present, retained species shall consist of ponderosa pine, Douglas-fir, Western larch, hardwoods, and other species that are considered fire-resilient.

(D) Retained trees shall be well distributed within the outer zone unless limited by existing site or stand conditions.

(c) The small forestland owner shall adhere to an ELZ in the outer zone for 30 feet, extending from the outer edge of the inner zone.

(6) For small terminal Type Np streams flowing into a Type F or Type SSBT stream, the small forestland owner shall retain:

(a) All trees within 20 feet from the edge of the active channel for a maximum distance of 500 feet upstream of the Type F stream, defined as the inner zone. The total distance of the tree retention area above the confluence shall be determined according to the process in OAR 629-643-0143.

(b) All trees leaning over the channel.

(c) Trees outside of 20 feet and at 40 feet from the edge of the active channel, defined as the outer zone. The outer zone retention requirements shall apply upstream for the same distance as required in (a) as follows:

(A) A minimum of 60 square feet of basal area per acre beyond the 20-foot inner zone and the distances shown in Table 4.

(B) To meet the basal area target requirement, the small forestland owner shall retain 27 trees from the largest diameter class per acre.

(D) When present, retained species shall consist of ponderosa pine, Douglas-fir, Western larch, hardwoods, and other species that are considered fire-resilient.

(E) Retained trees shall be well distributed within the outer zone limited by existing site or stand conditions.

(F) Notwithstanding (A) through (E) above, the distribution, species, and size of retained trees shall be left on site in such a way that promotes fire resiliency and overall stand health.

(d) The small forestland owner shall adhere to an R-ELZ or ELZ extending from the edge of the inner zone, extending the same distance as the distance determined in (a) as required in OAR 629-643-0143.

(e) The small forestland owner shall adhere to an ELZ upstream of the tree retention area for the remainder of the Type N channel.

(7) For small lateral Type Np streams flowing into a Type F or Type SSBT stream, the small forestland owner shall retain all trees within 20 feet from the edge of the active channel for a maximum distance of 250 feet upstream of the confluence with the Type F or Type SSBT stream.

(a) The small forestland owner shall determine the total distance of the tree retention area above the confluence as described in OAR 629-643-0143.

(b) The small forestland owner shall adhere to an R-ELZ or ELZ extending 50 feet from the edge of the active channel. The operator shall extend the R-ELZ or ELZ the same distance as the distance determined in (a), as required in OAR 629-643-0143.

(c) The small forestland owner shall adhere to an ELZ upstream of the tree retention area and for the remainder of the Type N channel.

(8) For a small Type Ns stream, the small forestland owner shall retain all shrubs and trees under six inches DBH within 30 feet of the active channel or channel migration zone, and for 750 feet upstream of the confluence with the Type F or Type SSBT stream. The small forestland owner shall adhere to an ELZ from the edge of the active channel for the entire Type N stream.

(9) For Type Np and Type Ns streams outside the tree retention area described in this rule, the small forestland owner shall follow all other Type N ELZ standard practice requirements in OAR 629-643-0120.

(10) For all Type F, Type SSBT, and Type N streams, retained trees in the outer zone in Table 4 that otherwise meet the wildlife leave trees requirements may be counted toward wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676. Trees in the forest conservation tax credit may be counted toward these requirements.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-643-0143 Small Forestland Owners Small Type N Streams Vegetation Requirements

(1) The small forestland owner shall follow this rule for small Type N streams in addition to the rules described in OAR 629-643-0130. The small forestland owner shall apply the tree retention requirements according to OAR 629-643-0141 for Western Oregon and OAR 629-643-0142 for Eastern Oregon.

(a) If an area of inquiry extends beyond the small forestland owner ownership boundary and there is not a flow feature in the last 100 feet before reaching the small forestland owner’s ownership boundary, the small forestland owner shall extend the tree retention area to the shorter of:

(A) The RH Max; or

(B) The furthest upstream flow feature within the ownership boundary.

(b) When the area of inquiry extends to the furthest upstream flow feature of the ownership boundary, the small forestland owner shall extend the R-ELZ beyond the furthest upstream flow feature within the ownership boundary to the ownership boundary, provided that prior surveys documented in the department’s reporting and notification system identify evidence of a flow feature upstream of the ownership boundary that will alter the harvest zone layout.

(A) If the furthest identified upstream flow feature within the area of inquiry is below the RH Max, and flowing water that is too short to be considered a flow feature is encountered between the flow feature and the RH Max, the operator shall retain all trees within 35 feet of the flowing water; and

(B) The operator shall extend the R-ELZ from the furthest upstream flow feature within the area of inquiry to the tree retention area surrounding the flowing water.

(2) If the small forestland owner selects the standard practice, and there is 100 feet or more of surveyed dry stream between two flow features located downstream of the RH Max in which tree retention is required, the small forestland owner:

(a) May apply for a forest conservation tax credit for an amount that is half of the stumpage value of the retained tree located between the inside edge of the applicable small forestland owner minimum option distance and the edge of the stream.

(b) Shall retain all trees within the zone described in (a) regardless of whether the small forestland owner utilizes the forest conservation tax credit.

(3) The small forestland owner shall comply with all other requirements in the standard practice.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-643-0145 Small Forestland Owner Minimum Option Prescription for Seeps and Springs

(1) The following prescriptions apply to seeps and springs located in Western Oregon:

(a) For seeps and springs located within the riparian management areas described in Table 3, the small forestland owner shall retain all trees within 15 feet of the seeps and springs. If the 15-foot retention for seeps and springs already exists within the riparian management area described in Table 3, the small forestland owner shall not be required to retain additional trees. The length along the stream of additional tree retention area shall be limited to the seep and spring feature length.

(b) The small forestland owner may retain trees that meet the wildlife leave trees requirements within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676, that are immediately adjacent to seeps and springs as described in OAR 629-655-0000.

(2) The following prescriptions apply to seeps and springs located in Eastern Oregon:

(a) For seeps and springs located within the inner zone distances described in Table 4, the small forestland owner shall retain all trees within 15 feet of the seeps and springs. No additional tree retention area shall be required if the 15 feet retention for seeps and springs already exists within the retention area described in Table 4. The small forestland owner shall limit the additional tree retention area’s length along the stream to the seep and spring feature length. These rules do not apply to seeps and springs that are identified as important springs, as described in OAR 629-645-0000.

(3) The small forestland owner shall submit a standardized form to the State Forester when using the small forestland owner minimum option around seeps or springs.

(4) In both Western Oregon and Eastern Oregon, if the tree retention area contains side channels and wetlands that extend beyond the riparian management areas described in Tables 3 and 4, the small forestland owner shall expand the tree retention area to entirely include any side channels and wetland plus at least 25 additional feet.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-643-0150 Type D Vegetation Retention Requirements

(1) For classified small Type D stream segments that extend beyond the tree retention areas described in the Small Type Np requirements in OAR 629-643-0130 and OAR 629-643-0143, the operator shall retain in both Western Oregon and Eastern Oregon:

(a) All understory vegetation within 10 feet of the active channel.

(b) All trees within 20 feet of the edge the active channel.

(2) The operator may count retained trees along Type D streams that otherwise meet the requirements for wildlife leave trees within harvest type 2 or harvest type 3 units, pursuant to ORS 527.676.

(3) A small forestland owner shall not use the small forestland owner minimum option or tax credits for Type D streams.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 8-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-643-0200 Placing Large Wood Key Pieces in Type F or Type SSBT Streams to Improve Fish Habitat

(1) In conjunction with a forest operation, placement of large wood key pieces in a Type F or Type SSBT stream to improve fish habitat is subject to the regulations in the Oregon Forest Practices Act and the forest practice rules.

(2) The goal of placing large wood key pieces is to deliver wood that is relatively stable but can reconfigure to a limited degree and work with the natural stream flow to restore and maintain habitat for aquatic species. When placing large wood key pieces in conjunction with an operation, the operator shall design and implement the project to:

(a) Rely on the size of wood for stability and exclude the use of any type of artificial anchoring;

(b) Emulate large wood delivery configurations that occur from natural riparian processes over time;

(d) Meet the standards established in "Guide to Placement of Wood, Boulders and Gravel for Habitat Restoration," developed by the Oregon Department of Forestry, Oregon Department of Fish and Wildlife, Oregon Department of State Lands, and Oregon Watershed Enhancement Board, January 2010.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-643-0300 Alternative Vegetation Retention Prescriptions

(1) The purpose of this rule is to prescribe an alternative vegetation retention prescription for harvest units experiencing stand level mortality. This alternative prescription is intended to contribute to desired future conditions, provide tree retention, woody debris, bank stability and result in the re-establishment of live trees.

(2) For the purposes of this rule only, “stand level mortality” means a riparian management area or harvest unit with 50% or more dying or recently dead trees due to a catastrophic event such as wildfire, wind, ice, insect or disease damage.

(3) For the purposes of this rule only, “soil disturbance” means soil has been moved in a manner that alters water drainage patterns so that a new channel is formed within which water flows or is confined and has potential to move loosened or exposed soil or debris toward the stream.

(4) For harvest units in Western Oregon the operator may:

(a) For Type F and Type SSBT stream riparian management areas experiencing stand level mortality, harvest dying or recently dead trees outside 75 feet slope distance from the edge of the active channel or the channel migration zone (CMZ).

(A) The operator shall apply an ELZ at a distance of 75 feet from the edge of the active channel or the channel migration zone (CMZ) to the outer edge of the riparian management area.

(i) Soil disturbance from cabled logs shall not exceed 20 percent of the total area of the ELZ.

(ii) Soil disturbance from ground-based equipment shall not exceed 10 percent of the total area of the ELZ. Operators shall take corrective action(s) for soil disturbance from ground-based equipment. Corrective action(s) shall be designed to replace the equivalent of lost functions and be consistent with Forest Practices Technical Guidance.

(B) To encourage hardwood sprouting, the operator shall not apply chemicals within 75 feet slope distance from the edge of the active channel or the channel migration zone (CMZ) unless needed to address invasive species or noxious weed infestations and shall apply chemicals using targeted ground-based application. Chemical application in the remainder of the riparian management area is to be minimized to the greatest extent possible.

(C) To encourage less dense spacing, the operator may apply the minimum stocking standard described below rather than the productivity-based stocking standards described in OAR 629-610-0020(4) within the riparian management area.

(i) 130 free to grow seedlings per acre; or

(ii) 75 free to grow saplings and poles per acre; or

(iii) 50 square feet of basal area per acre of free to grow trees 11-inches DBH and larger; or

(iv) An equivalent combination of seedlings, saplings and poles, and larger trees as calculated in OAR 629-610-0020(7).

(b) For small Type Np stream riparian management areas experiencing stand level mortality, harvest dying or recently dead trees within the riparian management area. The operator shall apply an R-ELZ from the edge of the active channel in any area where tree removal occurs consistent with OAR 629-630-0700(6) and OAR 629-630-0800(8).

(c) For units experiencing stand level mortality that contain slope retention areas identified under OAR 629- 630-0910(3), harvest dying or recently dead trees in the slope retention areas, if the slope retention area is not directly adjacent to designated debris flow traversal areas or Type F stream, Type SSBT stream, large or medium type Np stream riparian management areas. If the harvest unit contains one or more designated sediment source areas adjacent to a riparian management area or designated debris flow traversal area, the operator shall retain all trees in at least one of the slope retention areas.

(5) For harvest units containing Terminal Type Np stream riparian management areas experiencing stand level mortality in Eastern Oregon, the operator may harvest dying or recently dead trees within the outer zone of the riparian management area.

(6) The State Forester shall exempt small forestland owner harvest units experiencing stand level mortality from the watershed cap described in OAR 629-643-0140.

(7) Except as explicitly stated in this rule, all other forest practice rules apply.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.714, 527.765, Section 2(2), Chapter 33, Oregon Laws 2022 & Section 6, Chapter 33, Oregon Laws 2022
DOF 2-2025, amend filed 09/05/2025, effective 03/01/2026
DOF 16-2024, amend filed 02/21/2024, effective 02/21/2024
DOF 1-2024, amend filed 01/03/2024, effective 01/03/2024
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-643-0400 Site Specific Vegetation Retention Prescriptions for Streams and Riparian Management Areas

(1) A primary purpose of these site-specific vegetation retention prescriptions in Table 7 and described for the geographic areas in Figure 1, is to identify opportunities and allow incentives for restoring or enhancing riparian management areas or streams. Another purpose of site-specific vegetation retention prescriptions is to allow for changes to the vegetation retention requirements in this rule division. The changes must provide for the functions and values of streams and their riparian management areas as described in the vegetation retention goals for streams while affording a better opportunity to meet other objectives.

(2) The operator may develop site specific vegetation retention prescriptions for streams and their riparian management areas to achieve the vegetation retention goals described in OAR 629-643-0000 if:

(a) The potential of the streamside stand to achieve conditions similar to mature forest stands in a timely manner is questionable;

(b) In-stream conditions are impaired due to inadequate large wood or other factors; or

(3) An operator who wishes to implement site specific vegetation retention prescriptions instead of the standard practice shall submit to the State Forester a plan for an alternate practice.

(4) The State Forester shall approve a plan for an alternate practice if the State Forester determines that, when it is properly executed, the alternate plan will have no significant or permanent adverse effects, and:

(a) The plan shall meet or exceed the vegetation retention goals in a more timely manner than if the plan were not implemented;

(b) The long-term benefits of the plan are greater than short-term detrimental effects; or

(5) The State Forester may consider the following non-exhaustive list of factors in evaluating the plan:

(a) The potential of the existing streamside stand to achieve mature streamside forest characteristics;

(b) The long-term supply of woody debris;

(d) Fish and wildlife species’ sensitivity to changes in water temperature and water quality;

(e) The potential for sedimentation;

(f) The stability of woody debris placed in aquatic areas; and

(g) The State Forester’s ability to monitor the direct effects of the proposed practices.

[ED. NOTE: To view attachments referenced in rule text, click here to view rule.]

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Or. Admin. R. 629-643-0500 Reforestation Within Stream Riparian Management Areas

Harvested portions of riparian management areas along streams are subject to the same reforestation requirements that apply to adjacent areas that are outside of the riparian management areas. A number of factors make reforestation more difficult in riparian management areas. To succeed with the required reforestation, landowners should anticipate and plan for factors including but not limited to brush control measures, animal damage problems, and tree species that are suitable for wetter sites.

History

Statutory/Other Authority: ORS 527.710 & section 2(1), chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 7-2022, adopt filed 11/21/2022, effective 01/01/2024

Division 645 WATER PROTECTION RULES: RIPARIAN MANAGEMENT AREAS AND PROTECTION MEASURES FOR SIGNIFICANT WETLANDS

Or. Admin. R. 629-645-0000 Riparian Management Areas and Protection Measures for Significant Wetlands

(1)(a) The purpose of these rules is to protect the functions and values of significant wetlands, including wetlands larger than eight acres, estuaries, bogs and important springs in eastern Oregon on forestlands.

(b) Significant wetlands on forestlands provide a wide range of functions and values, including those related to water quality, hydrologic function, fish and other aquatic organisms, and wildlife.

(c) Estuaries are unique systems because they form transitions between terrestrial, marine, and freshwater environments. Because of this link, estuarine systems are among the most biologically productive in the world. Estuaries support many resident species. Estuaries also provide food, spawning area, and shelter for numerous other species at critical points in their life cycles. Removal of shoreline trees reduces the overall productivity of the estuary by reducing leaf and litter fall, thus depriving the estuary of substrate, and by removing feeding and resting habitat for birds and small mammals.

(d) Bog communities are a result of specific hydrologic, soil, and nutrient conditions. Bogs are usually saturated, low in nutrients, and highly acidic. Changes in runoff, sediment loading, and nutrient loading can alter the plant community composition. The peat soils have evolved over time. Compaction damages plant communities and may encourage the invasion of exotic species. Harvesting may disrupt shade tolerant vegetation, alter plant community characteristics, and hasten succession. Compaction, saturated conditions, and poor nutrient status make reforestation difficult.

(e) In arid parts of eastern Oregon, springs provide a critical source of water. These important springs have established wetland vegetation, flow year round in most years, and are used by a concentration of diverse animal species. By reason of sparse occurrence, important springs have a major influence on the distribution and abundance of upland species. Important springs shall be identified by the State Forester.

(2)(a) The goals of significant wetland protection are to maintain the functions and values of significant wetlands on forestlands over time, and to ensure that forest practices do not lead to resource site destruction or reduced productivity, while at the same time ensuring the continuous growth and harvest of forest tree species. To accomplish these goals, the rules focus on the protection of soil, hydrologic functions, and specified levels of vegetation.

(b) The intent of the rules is to minimize soil disturbance and to minimize disturbance to the natural drainage patterns of the significant wetland.

(c) Vegetation retention (including understory vegetation, snags, downed wood, and live trees) is needed to prevent erosion and sedimentation into the significant wetland, minimize soil disturbance and hydrologic changes, and to maintain components of the vegetation structure to provide for other benefits, particularly fish and wildlife values.

(3) Significant wetlands other than estuaries, bogs or important springs in eastern Oregon shall have riparian management areas extending 100 feet from the wetlands. When an operation is proposed within 300 feet of an estuary or within 100 feet of a wetland larger than eight acres (non estuary), bog or important spring in eastern Oregon, the resource site evaluation process in OAR 629-665-0020 shall be followed by the landowner, operator or timber owner. If the proposed operation conflicts with the significant wetland, the operator shall submit a written plan to the State Forester before starting operations. The written plan shall comply with the requirements of 629-605-0170, Written Plans.

(4) For all significant wetlands, operators shall provide the following to the wetlands and riparian management areas:

(a) Live tree retention (OAR 629-645-0010);

(b) Soil and hydrologic function protection (OAR 629-645-0030);

(d) Snag and down wood retention (OAR 629-645-0050).

(5) For forested significant wetlands, written plans must address reforestation.

(6) When an operation is proposed within 300 feet of an estuary, bog or important spring in eastern Oregon, the State Forester shall determine the riparian management area during the resource site inspection required by OAR 629-665-0020. Riparian management areas shall extend outward 100 to 200 feet from the estuary, 50 to 100 feet from the bog, or 50 to 100 feet from the important spring in eastern Oregon. The distance determination of the State Forester shall depend on:

(a) Stocking level of the timber stand adjacent to the estuary, bog or spring;

(b) Ability of the area to withstand windthrow;

(c) Size of the estuary, bog or spring. As the size increases, the size of the riparian management area shall increase; and

(d) For bogs and springs only, topography and erodibility of adjacent uplands.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715 & 527.765
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
DOF 6-2002, f. & cert. ef. 7-1-02
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2300

Or. Admin. R. 629-645-0010 Live Tree Retention for Significant Wetlands

(1) In significant wetlands and their riparian management areas, operators shall retain approximately 50 percent of the original live trees, by species, in each of the following diameter classes (DBH):

(a) 6 to 10 inches;

(b) 11 to 20 inches;

(d) larger than 30 inches.

(2) As part of the live trees in subsection (1) above, operators shall retain trees bordering significant wetlands.

(3) For estuaries and the adjacent riparian management areas, operators shall protect live trees that are:

(a) Perch and nest trees for predatory birds and colonial nesting birds;

(b) Likely to provide for future large woody debris to the estuaries’ perimeters; and

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.710 & 527.765
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2310

Or. Admin. R. 629-645-0020 Site-Specific Vegetation Retention Prescriptions for Significant Wetlands

(1) Operators are encouraged to develop site specific vegetation retention prescriptions for significant wetlands in a plan for an alternate practice.

(2) The functions and values of forested wetlands vary with species composition, stocking levels, and geographic location. Operators are encouraged to propose site specific vegetation retention prescriptions in a plan for an alternate practice that allow for changes to the live tree requirements in OAR 629-645-0010 and that provide equal or better protection of the functions and values of forested significant wetlands and forested stream-associated wetlands, and address operational concerns.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.674, 527.710 & 527.765
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2320

Or. Admin. R. 629-645-0030 Soil and Hydrologic Function Protection for Significant Wetlands

(1) In significant wetlands and their riparian management areas, operators shall protect soil from disturbances that result in impaired water quality, hydrologic functions, or soil productivity. Operators shall protect hydrologic functions by minimizing disturbances and shall prevent accelerating the natural conversion of the wetland to uplands.

(2) The written plan required under OAR 629-605-0170 shall describe how the operation will be conducted to prevent adverse effects on water quality, hydrologic functions or soil productivity. The following practices shall be addressed in written plans when they are proposed in significant wetlands:

(a) Filling within wetlands;

(b) Machine activity within wetlands; and

(3) Operators shall not drain significant wetlands.

(4) Notwithstanding subsection (3) of this rule, minor drainage for reforestation is allowed. Any drainage for reforestation must be designed so the significant wetland is not converted to an upland.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.674, 527.715 & 527.765
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2330

Or. Admin. R. 629-645-0040 Understory Vegetation Retention for Significant Wetlands

(1) The purpose of retaining understory vegetation is to provide soil stability and bank stability in and along significant wetlands, to maintain cover and shade for wildlife habitat and aquatic habitat, and to protect water quality.

(2) To achieve the purpose of understory retention, the operator shall limit disturbance of understory vegetation within significant wetlands and their riparian management areas to the minimum necessary to remove timber harvested from the area and achieve successful reforestation.

(3) The written plan required in OAR 629-605-0170 for operations within 300 feet of estuaries and 100 feet of wetlands larger than eight acres (non-estuaries), bogs and important springs in eastern Oregon shall describe how disturbance to the understory vegetation will be minimized during harvest or site preparation for reforestation.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.710 & 527.765
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2340

Or. Admin. R. 629-645-0050 Snag and Downed Wood Retention for Significant Wetlands

(1) For significant wetlands, operators shall retain all snags and downed trees within the wetlands and the applicable riparian management areas.

(2) Notwithstanding subsection (1) of this rule, any snag defined to be a safety hazard under the safety requirements found in OAR 437, division 7, Forest Activities, or determined to be a fire hazard by the State Forester, may be felled. Any snag felled because of a safety or fire hazard shall be left unyarded.

(3) The retention requirements in subsection (1) of this rule may be modified for reasons of forest health for trees that are dying or recently dead because of fire, insect or disease epidemics, or other catastrophic events when addressed in a plan for an alternate practice approved by the State Forester.

(4) Snags and downed wood left pursuant to subsection (1) of this rule may not be counted toward the requirements of ORS 527.676.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.674, 527.715 & 527.765
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2350

Division 650 WATER PROTECTION RULES: RIPARIAN MANAGEMENT AREAS AND PROTECTION MEASURES FOR LAKES

Or. Admin. R. 629-650-0000 Riparian Management Areas and Protection Measures for Lakes

(1) The purpose of this rule is to protect the functions and values of lakes. Lakes on forestlands provide a wide range of functions and values, including those related to water quality, hydrologic functions, aquatic organisms, fish and wildlife.

(2) Operators shall protect riparian management areas extending:

(a) 100 feet from the high water level of large lakes; and

(b) 50 feet from the high water level of other lakes that have fish use or other lakes that are equal to or greater than one-half acre in size.

(3) For all lakes with riparian management areas, operators shall provide the following to the riparian management areas and the aquatic areas:

(a) Live tree retention (OAR 629-650-0010);

(b) Soil and hydrologic function protection (OAR 629-650-0020);

(d) Snag and down wood retention (OAR 629-650-0040).

(4) For all lakes not having riparian management areas, the lakes shall be protected as other wetlands (OAR 629-655-0000).

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.710 & 527.765
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2400

Or. Admin. R. 629-650-0005 Written Plans for Operations Near Large Lakes

An operator shall submit a written plan to the State Forester before conducting an operation that requires notification under OAR 629-605-0140 and that is within 100 feet of a large lake.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.710 & 527.670 2)
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13

Or. Admin. R. 629-650-0010 Live Tree Retention for Lakes

(1) Operators shall retain in the riparian management areas of lakes approximately 50 percent of the original live trees, by species, in each of the following diameter classes (DBH):

(a) 6 to 10 inches;

(b) 11 to 20 inches;

(d) larger than 30 inches.

(2) As part of the live trees in subsection (1) above, trees on the edge of lakes shall be retained.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.710 & 527.765
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2410

Or. Admin. R. 629-650-0020 Soil and Hydrologic Function Protection for Lakes

(1) Operators shall protect soil within the riparian management areas of lakes from disturbances that result in impaired water quality, hydrologic functions, or soil productivity. Operators shall protect hydrologic functions by minimizing disturbances and shall prevent accelerating the natural conversions of lakes to uplands.

(2) Operators shall not drain lakes except for lakes formed by plugged culverts or beaver dams and as allowed in rule for road maintenance.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.710 & 527.765
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2420

Or. Admin. R. 629-650-0030 Understory Vegetation Retention for Lakes

(1) The purpose of retaining understory vegetation is to provide soil stability and bank stability along lakes, to maintain cover and shade for wildlife habitat and aquatic habitat, and to protect water quality.

(2) To achieve the purpose of understory retention, operators shall limit disturbance of understory vegetation within riparian management areas of lakes to the minimum necessary to remove timber harvested from the areas and to achieve successful reforestation.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.710 & 527.765
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2430

Or. Admin. R. 629-650-0040 Snag Retention and Downed Wood Retention for Lakes

(1) For lakes, operators shall retain all snags and downed trees within the lakes and the applicable riparian management areas.

(4) Snags and downed wood left pursuant to this rule may not be counted toward the requirements of ORS 527.676.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.674, 527.715 & 527.765
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2440

Division 655 WATER PROTECTION RULES: PROTECTION MEASURES FOR “OTHER WETLANDS,” SEEPS AND SPRINGS

Or. Admin. R. 629-655-0000 Protection Measures for “Other Wetlands,” Seeps and Springs

(1) Unless identified as stream-associated seeps, springs, or other wetlands under OAR 629-643-0135 and OAR 629-643-0145, there is no riparian management area for other wetlands, seeps, and springs. Important springs in Eastern Oregon, as described in division 645 Water Protection Rules: Riparian Management Areas and Protection Measures for Significant Wetlands rules, are not covered within this rule.

(2) When operating in or along other wetlands greater than one-quarter acre, the operator shall:

(a) Protect soil and understory vegetation from disturbance that results in reduced water quality, hydrologic function, or soil productivity. Operators shall protect hydrologic functions by minimizing disturbances to soils during forest operations and shall prevent accelerating the natural conversions of wetlands to uplands;

(b) Leave snags and downed trees in the wetlands, except for any snags determined by the State Forester to be fire hazards, or any snags that must be felled to achieve compliance with the safety requirements found in chapter 437, division 7, Forest Activities.

(A) Any snags felled because of safety or fire hazards shall be left unyarded.

(B) Snags and downed wood left within other wetlands, seeps, or springs may apply toward the requirements of ORS 527.676.

(3) When conducting operations along other wetlands less than one-quarter acre, springs, or seeps, operators shall protect soil and vegetation from disturbances which would cause adverse effects on water quality, hydrologic function, and wildlife and aquatic habitat.

(4) Identification of other wetlands is sometimes difficult, especially when the wetland has no standing water. This is particularly true when the other wetland is forested or very small. In recognition of these facts, the State Forester shall apply appropriate discretion when determining compliance with this rule.

(5) Operators are encouraged to:

(a) Retain blocks of intact vegetation, including green trees and snags as required to meet ORS 527.676 around other wetlands, seeps, and springs; and

(b) For other wetlands that are forested, adequately consider how reforestation will be accomplished.

History

Statutory/Other Authority: ORS 527.710 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.715, 527.765 & Section 2(2), Chapter 33, Oregon Laws 2022
DOF 9-2024, minor correction filed 01/04/2024, effective 01/04/2024
DOF 7-2022, amend filed 11/21/2022, effective 01/01/2024
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2500

Division 660 WATER PROTECTION RULES: SPECIFIC RULES FOR OPERATIONS NEAR WATERS OF THE STATE

Or. Admin. R. 629-660-0040 Stream Channel Changes

(1) Operators shall not channelize, relocate, or divert water from any stream, except as allowed in the forest practice rules for construction of roads, stream improvement projects or temporary stream crossings.

(2) Operators shall not add to or remove soil or rock from any streams, except as allowed in the forest practice rules for construction of roads, stream improvement projects or temporary stream crossings.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.674, 527.710 & 527.765
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2650

Or. Admin. R. 629-660-0050 Beaver Dams or Other Natural Obstructions

(1) Except as needed for road maintenance, operators must submit a written plan to the State Forester prior to the removal of beaver dams and other natural obstructions from waters of the state during forest operations. Removal of any beaver dam that is within 25 feet of a culvert shall be considered to be needed for road maintenance.

(2) A written plan for removal of a beaver dam or obstruction must demonstrate:

(a) A beaver dam or obstruction threatens existing forests or plantations;

(b) Beaver dam removal is part of a beaver population control program approved by the Oregon Department of Fish and Wildlife; or

(3) Sediment releases and downstream channel scouring can occur when beaver dams are removed. Operators are encouraged to use techniques that result in a gradual release of water when a dam is removed.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.674, 527.710 & 527.765
DOF 2-2013, f. 7-11-13, cert. ef. 9-1-13
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2660

Or. Admin. R. 629-660-0060 Headwater Amphibian Species

Amphibians that are sensitive to temperature and moisture fluctuations may live in small Type N streams. Operators are encouraged to retain portions of in-unit green live trees and snags as blocks of intact vegetation along small Type N streams.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.710 & 527.765
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94, Renumbered from 629-057-2670

Division 665 SPECIFIED RESOURCE SITE PROTECTION RULES

Or. Admin. R. 629-665-0000 Purpose

(1) OAR 629-665-0000 to 0210 shall be known as the specified resource site protection rules.

(2) These rules provide a protection goal, describe the duties of the State Forester, landowner, timber owner and operator, and outline protection for:

(a) Sensitive Bird Nesting, Roosting, and Watering Resource Sites (OAR 629-665-0100);

(b) Threatened and Endangered Fish and Wildlife Species that use Resource Sites on Forestlands (OAR 629-665-0200);

(d) Significant Wetlands on Forestlands (OAR 629, division 645).

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715
DOF 7-2023, minor correction filed 07/01/2023, effective 07/01/2023
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0690
FB 3-1994, f. 6-15-94, cert. ef. 9-1-94
FB 5-1992, f. & cert. ef. 5-8-92
FB 7-1991, f. & cert. ef. 10-30-91

Or. Admin. R. 629-665-0010 Protection Goal for a Resource Site

(1) The goal of resource site protection is to ensure that forest practices do not lead to resource site destruction, abandonment or reduced productivity.

(2) A resource site shall receive protection when the State Forester determines:

(a) It is an active resource site; and

(b) Proposed forest practices conflict with the resource site.

(3) The State Forester may grant an exception from either structural or temporal protection as determined by the Board for each species or resource site.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0695
FB 7-1991, f. & cert. ef. 10-30-91

Or. Admin. R. 629-665-0020 Application of Protection and Exception Rules; State Forester Duties; Landowner, Timber Owner and Operator Duties

(1) When a landowner, timber owner or operator proposes an operation near a resource site that requires special protection, the State Forester shall inspect the resource site with the landowner or landowner’s representative, the operator and when available, the appropriate representative of the Department of Fish and Wildlife. The State Forester shall:

(a) Identify the resource site.

(b) Apply the protection goal in OAR 629-665-0010.

(A) If the proposed forest practices do not conflict with the resource site, the operation will not be subject to the protection requirements for the resource site. The operation shall be conducted in compliance with all other existing forest practice rules;

(B) If the proposed forest practices conflict with the resource site, the structural and temporal protection requirements for the resource site shall be required to eliminate the conflict;

(C) When the proposed forest practices conflict with a resource site, the landowner or operator may request a structural or temporal exception through a plan for an alternate practice, if the applicable administrative rule provides for such an exception.

(D) The State Forester shall document and maintain on file the reasons for granting or denying all exceptions.

(2) If the proposed operation conflicts with the resource site, the operator shall submit a written plan to the State Forester before starting operations. The written plan shall comply with the requirements of OAR 629-605-0170, Written Plans.

(3) When the written plan in subsection (2) of this rule does not follow the written recommendations of the Department of Fish and Wildlife or other responsible coordinating state agency, the State Forester shall maintain on file a written explanation of the reasons for:

(a) Differences in the identification of the resource site; and

(b) Different protection levels required for the resource site.

(4) When a resource site is discovered by the operator, timber owner or landowner during a forest operation, the party making the discovery shall:

(a) Immediately protect all remaining trees within 300 feet of the resource site and submit to the State Forester a written plan for the resource site; and

(b) Immediately notify the State Forester.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.674 & 527.715
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0699
FB 9-1991, f. & cert. ef. 11-18-91, Renumbered from 629-024-0705
FB 7-1991, f. & cert. ef. 10-30-91
FB 1-1991, f. & cert. ef. 5-23-91
FB 6-1990, f. 8-1-90, cert. ef. 1-1-1991

Or. Admin. R. 629-665-0100 Species Using Sensitive Bird Nesting, Roosting, and Watering Sites

The following species use sensitive bird nesting, roosting and watering resource sites:

(1) Osprey use sensitive bird nesting sites.

(2) Great blue herons use sensitive bird nesting sites.

(3) Bald eagles use sensitive bird nesting sites.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715
DOF 8-2023, minor correction filed 07/01/2023, effective 07/01/2023
DOF 3-2017, f. 8-14-17, cert. ef. 9-1-17
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0700
FB 1-1991, f. & cert. ef. 5-23-91
FB 6-1990, f. 8-1-90, cert. ef. 1-1-1991

Or. Admin. R. 629-665-0110 Osprey Resource Sites; Key Components; Protection Requirements; Exceptions

(1) For osprey, the resource site is the active nest tree and any identified key components.

(a) An active nest tree is one that has been used by osprey within the past five (5) nesting seasons. No protection is required for abandoned resource sites.

(b) The key components associated with an osprey resource site are perching and fledging trees and replacement trees. Factors to consider when identifying key components:

(A) Actual observation data if available;

(B) Perching trees should provide for maximum visibility of the surrounding terrain and structure that allows the osprey easy access, such as large, tall snags or trees that have broken or dead tops, forks, or lateral branches high in the crown;

(C) Replacement trees should provide maximum visibility of the surrounding terrain, and be large enough to support an osprey nest;

(D) Perching and fledging trees and replacement trees should be located within 600 feet of the active nest tree;

(E) Areas of high winds may require that additional trees be retained to protect the resource site from damage.

(2) When the State Forester identifies the resource site as per OAR 629-665-0020, the operator shall provide the following protection measures:

(a) Retain the active nest tree; and

(b) Retain no fewer than eight additional trees as key components (i.e.: perching, fledging and replacement trees).

(c) During forest operations, the resource site shall be protected from damage. The operation shall be designed to protect these trees from windthrow;

(d) During the critical period of use, the active nest tree and any perch tree identified as a key component shall be protected from disturbance. From March 1st through September 15th, forest operations shall not be permitted within 600 feet of the active nest tree or perch tree unless the State Forester determines that the operations will not cause the birds to flush from these trees. The critical period of use may be modified in writing by the State Forester as the resource site is evaluated as per OAR 629-665-0020.

(3) The State Forester shall not permit structural exceptions for the resource site: Removal of a resource site may be permitted if replacement nest trees, artificial structures, or replacement key components are provided by the operator or landowner. Replacement is not considered an exception, since the productivity of the nesting territory is maintained. When addressed in a plan for an alternate practice, replacement may be considered by the State Forester when:

(a) Alternate forest practices which retain and protect the resource site are not economically feasible; and

(b) The productivity of the nesting territory is not reduced.

(4) Temporal exceptions for the resource site may be approved by the State Forester when addressed in a plan for an alternate practice that demonstrates:

(a) Nest disruption or failure for a season does not affect the local population; and

(b) There are no economically feasible forest practices that avoid disturbance to the resource site during the critical period of use.

(5) Factors considered by the State Forester before approving a plan for an alternate practice under section (4) of this rule shall include, but are not limited to:

(a) The size of the local population;

(b) The contribution of the resource site in question to the local population; and

(6) The State Forester shall document all requests and decisions concerning structural or temporal exceptions. All approved structural replacements shall be documented.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0710
FB 6-1990, f. 8-1-90, cert. ef. 1-1-91

Or. Admin. R. 629-665-0120 Great Blue Heron Resource Sites; Key Components; Protection Requirements; Exceptions

(1) For the great blue heron, the resource site is the active nest tree(s) and any identified key components.

(a) An active nest tree is one that has been used by one or more pair of great blue heron within the past three nesting seasons. No protection is required for an abandoned resource site.

(b) The key components associated with a great blue heron resource site are the nest tree(s), a vegetative buffer around the nest tree(s) including perching and fledging trees, and replacement tree(s). Factors to consider when identifying key components:

(A) Actual observation data when available;

(B) Perching, fledging, and replacement tree(s) should be tall with plenty of space for these large birds to fly into and out. Older trees with open branching should be retained;

(C) Areas of high winds may require that additional trees be retained to protect the active nest tree and identified key components from damage.

(2) The operator shall provide the following protection measures when operating within or near a great blue heron resource site:

(a) Retain the active nest tree;

(b) Retain a vegetative buffer not less than 300 feet around the outermost nest trees as key components that includes perching and fledging trees, and replacement trees.

(c) The vegetative buffer around a rookery may be actively managed if the key components in subsection (1) are protected. When conducting forest management activities within this buffer, operators shall consider heron protection as the highest priority. The vegetative buffer needs to provide a visual screen from disturbing influences around the rookery, and must be designed to protect the nest tree(s), perching, fledging, and replacement tree(s) from windthrow. Examples of forest management activities that may occur within the vegetative buffer include tree topping, and/or other methods of "feathering" the outer edges of the buffer to reduce windthrow potential, or remove individual trees (especially along the edge of the buffer) if the integrity of the buffer is maintained and all the key components are adequately protected. Operators should consult with the State Forester and the Oregon Department of Fish and Wildlife when marking trees to be removed from this buffer.

(d) During and after forest operations, the resource site shall be protected from damage. The operation shall be designed to protect the key components from windthrow;

(e) During the critical period of use, operations shall be designed and conducted so as not to disturb great blue herons using the key components. From February 15 through July 31, forest operations shall not be permitted within one-quarter (1/4) mile of the active nest tree(s) unless the State Forester determines that the operations will not cause the birds to flush from these trees. The critical period of use may be modified by the State Forester after the resource site is evaluated following OAR 629-665-0020.

(3) Structural exceptions for the resource site may be approved by the State Forester when addressed in a plan for an alternate practice. The State Forester may approve such a plan when these criteria are met:

(a) The site contains five nests or fewer;

(b) The State Forester determines that the loss of the site will not adversely affect the local population; and

(4) Factors considered by the State Forester before approving a structural exception to protection of a great blue heron resource site shall include, but are not limited to:

(a) The size of the site (number of nests);

(b) The size of the breeding population in the local area;

(d) The contribution of the site to local productivity;

(e) The probability that protection measures will be successful;

(f) Available alternate nesting sites; and

(g) Whether alternatives that protect the site are economically feasible.

(5) Temporal exceptions to protection of a great blue heron resource site may be approved by the State Forester when addressed in a plan for an alternate practice. The State Forester may approve such a plan when:

(a) The State Forester determines that nest disruption or failure for a season or site abandonment will not adversely affect the local population; and

(b) There are no economically feasible alternatives that will not disturb the birds during the critical period of use.

(6) Factors considered by the State Forester before approving a temporal exception shall include, but are not limited to:

(a) The size of the site (number of nests);

(b) The size of the breeding population in the local area;

(d) The contribution of the site to local productivity; and

(e) Whether alternatives that protect the site are economically feasible.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715
DOF 3-2017, f. 8-14-17, cert. ef. 9-1-17
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0711
FB 2-1991, f. & cert. ef. 5-23-91

Or. Admin. R. 629-665-0130 Bald Eagle Nesting Sites; Key Components; Protection Requirements; Exceptions

(1) For bald eagle nesting sites, the resource site is the active nest tree and, if present, all identified key components:

(a) An active nest tree is one that has been used by eagles within the past five (5) nesting seasons. No protection is required for abandoned resource sites.

(b) An active nest tree may fall down or may become structurally incapable of supporting a bald eagle nest site. When this happens the nest resource site shall be considered active and shall be protected only if the site contains suitable replacement nesting trees.

(c) The key components associated with a bald eagle nesting site are perching and fledging trees, replacement nest trees, and a forested buffer around the nest tree. Factors to consider when identifying key components:

(A) Actual observation data when available.

(B) Perching and fledging trees should be tall enough to provide maximum visibility of the surrounding area. Perching and fledging trees are often snags or decadent live trees with exposed, strong, lateral branches high in the crown.

(C) Replacement nest trees should provide maximum visibility of the surrounding terrain, and be large enough to support a bald eagle nest. Bald eagles prefer to nest in large, tall trees that are alive, with large limbs, broken tops, or irregular growth patterns with open structure.

(D) Areas of high winds may require that additional trees be retained to protect the active nest tree(s) and identified key components from damage.

(2) The operator shall provide the following protection measures when operating within or near a bald eagle nesting site:

(a) During and after forest operations, the resource site shall be protected from damage. The operation shall be designed to protect the trees from windthrow;

(b) Retain the active nest tree.

(c) Retain a forested buffer not less than 330 feet around the active nest tree as a key component that includes perching, fledging, and replacement tree(s).

(d) During the critical period of use, operations shall be designed and conducted to not disturb bald eagles using the resource site:

(A) Except as provided in paragraph (B) of this subsection, during the critical period of use, operations shall not be permitted within six hundred and sixty (660) feet, and use of aircraft within one thousand (1,000) feet.

(B) If the State Forester determines through review of the written plan that the operations will not cause the birds to flush from the trees identified in paragraph (A) of this section, then there is no conflict and the distance restrictions in paragraph (A) of this section may be modified.

(C) The critical period of use is January 1 through August 31. The specific critical period of use for individual nesting resource sites may be modified in writing by the State Forester depending upon the actual dates that bald eagles are present at the resource site and are susceptible to disturbance.

(3) Structural or temporal exceptions for the resource site are allowed if the operator is in compliance with, and has on file with the State Forester, an applicable incidental take permit issued by federal authorities under the Bald and Golden Eagle Protection Act.

(4) (For information only) Federal law prohibits a person from taking bald eagles. Compliance with subsections (1) and (2) of this law is not in lieu of compliance with any federal requirements related to the Bald and Golden Eagle Protection Act.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715
DOF 9-2023, minor correction filed 07/01/2023, effective 07/01/2023
DOF 3-2017, f. 8-14-17, cert. ef. 9-1-17

Or. Admin. R. 629-665-0200 Resource Sites Used by Threatened and Endangered Species

The following resource sites used by threatened or endangered species are sensitive to forest practices: Northern spotted owl nesting sites.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.715
DOF 3-2017, f. 8-14-17, cert. ef. 9-1-17
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0800
FB 7-1991, f. & cert. ef. 10-30-91

Or. Admin. R. 629-665-0210 Interim Requirements for Northern Spotted Owl Nesting Sites

(1) Whenever the State Forester determines that an operation will conflict with protection of a nesting site of the northern spotted owl (Strix occidentalis caurina), the operator must submit to the State Forester a written plan before commencing the operation. The written plan, at a minimum, must address how the operation will be conducted to provide for the following:

(a) A 70 acre area of suitable spotted owl habitat encompassing the nest site, to be maintained as suitable spotted owl habitat;

(b) Prevention of disturbances resulting from operation activities which cause owls to flush from the nesting site. Such disturbances must be prevented during the critical period of use for nesting. The critical period of use is the time period between March 1 and September 30, each year.

(2) For the purposes of this rule, nesting site means and includes the tree, when known, containing a spotted owl nest; or when not specifically known, includes an activity center of a pair of adult spotted owls. An activity center is a location determined by the State Forester to have been reliably identified as being occupied by an adult pair of spotted owls, capable of breeding. Such determination must be supported by repeated observation of the owls in close proximity or observation of nesting behavior.

(3)(a) For the purposes of this rule, suitable spotted owl habitat means and includes:

(A) A stand of trees with moderate to high canopy closure (60 to 80%); a multi-layered, multi-species canopy dominated by large overstory trees (greater than 30 inches in diameter at breast height); a high incidence of large trees with various deformities (e.g., large cavities, broken tops, and other evidence of decadence); numerous large snags; large accumulations of fallen trees and other woody debris on the ground; and sufficient open space below the canopy for owls to fly; or

(B) In the absence of habitat which exhibits all the characteristics listed above, the available forested habitat which comes closest to approximating the listed conditions.

(b) Stands which do not exhibit at least two of the characteristics listed in paragraph (a)(A) of this section are not suitable habitat.

(4) (For information only) Federal law prohibits a person from taking northern spotted owls. Taking under the federal law may include significant alteration of owl habitat on any class of land ownership. Compliance with subsection (1) of this rule is not in lieu of compliance with any federal requirements related to the federal Endangered Species Act.

(5) Exceptions to the requirements for protecting northern spotted owl nesting sites are allowed if the operator is in compliance with, and has on file with the State Forester, an applicable incidental take permit issued by federal authorities under the Endangered Species Act.

History

Statutory/Other Authority: ORS 527.710
Statutes/Other Implemented: ORS 527.674 & 527.715
DOF 3-2017, f. 8-14-17, cert. ef. 9-1-17
DOF 8-2005, f. 12-13-05, cert. ef. 1-1-06
DOF 6-2005(Temp), f. & cert. ef. 8-2-05 thru 1-27-06
FB 9-1996, f. 12-2-96, cert. ef. 1-1-97, Renumbered from 629-024-0809
FB 5-1991, f. & cert. ef. 6-6-91
FB 11-1990(Temp), f. 12-20-89, cert. ef. 12-21-90

Division 670 FOREST PRACTICES ADMINISTRATION — ENFORCEMENT AND CIVIL PENALTIES

Or. Admin. R. 629-670-0000 Purpose

OAR 629-670-0000 through 629-670-0350 shall be known as the Oregon Forest Practices Act Enforcement and Civil Penalty Rules. These rules direct the State Forester to take fair and uniform enforcement action when there is a violation of the Oregon Forest Practices Act (ORS 527.610 to 527.770; ORS 527.990(1), ORS 527.992) or laws relating to Pesticide Applications by Helicopter (ORS 527.786 to 527.798). OAR 629-670-0300 and 629-670-0310 provide an outline of contested case hearings procedures, with specific contested case rules in OAR 629, division 1 and OAR 137, division 3.

History

Statutory/Other Authority: ORS 527.710, 526.016 & Section 2(1), Chapter 33, Oregon Laws 2022
Statutes/Other Implemented: ORS 527.685
DOF 5-2022, amend filed 11/09/2022, effective 07/01/2023
DOF 7-2002, f. & cert. ef. 7-1-02
DOF 7-1998, f. 3-31-98, cert. ef. 5-1-98
FB 2-1995, f. 6-19-95, cert. ef. 7-1-95

Or. Admin. R. 629-670-0010 Definitions

As used in OAR chapter 629, divisions 670 through 680:

(1) "Board" means the State Board of Forestry.

(2) "Damage" means an adverse disturbance to a resource protected by the Oregon Forest Practices Act that cannot be immediately stabilized and corrected, resulting from a forest practice that is not in compliance with the Oregon Forest Practices Act or the forest practice rules.

(3) "Forest practice rule" means any rule regulating operations under the Oregon Forest Practices Act, as found in OAR chapter 629, divisions 600 through 680.

(4) "Operation" means any commercial activity relating to the establishment, management or harvest of forest tree species except as provided by the following: