USA Statutes : oregon
Title : TITLE 38 PROTECTION FROM FIRE
Chapter : Chapter 477 Fire Protection of Forests and Vegetation
As used in this chapter, unless the context
otherwise requires:
(1) "Additional fire hazard" means a hazard that has been
determined to exist by the forester pursuant to ORS 477.580.
(2) "Board" means the State Board of Forestry.
(3) "Campfire" means any open fire used for cooking, personal
warmth, lighting, ceremonial or aesthetic purposes that is hand built and
that is not associated with any debris disposal activities.
(4) "Department" means the State Forestry Department.
(5) "District" means a forest protection district organized under
ORS 477.225.
(6) "Every reasonable effort" means 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.
(7) "Fire season" means a period designated pursuant to ORS 477.505.
(8) "Fiscal year" means the period beginning on July 1 of any year
and ending on June 30 of the next year.
(9) "Forestland" means any 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 forestland opening that is surrounded
by or contiguous to forestland and that has been included in areas
classified as forestland under ORS 526.305 to 526.370.
(10) "Forest patrol assessment" means the costs levied and assessed
under ORS 477.270.
(11) "Forest protective association" or "association" means an
association, group or agency composed of owners of forestlands, organized
for the purpose of protecting such forestlands from fire.
(12) "Forest resource" means the various types of vegetation
normally growing on Oregon's forestland, the associated harvested
products and the associated residue, including but not limited to brush,
grass, logs, saplings, seedlings, trees and slashing.
(13) "Forester" means the State Forester or authorized
representative.
(14) "Governing body" of a county means the county court or board
of county commissioners.
(15) "Grazing land" is defined by ORS 477.205.
(16) "Open fire" means any outdoor fire that occurs in such a
manner that combustion air is not effectively controlled and combustion
products are not effectively vented through a stack or chimney.
(17) "Operation" means any industrial activity, any development or
any improvement on forestland inside or within one-eighth of one mile of
a forest protection district, including but not limited to the harvesting
of forest tree species, the clearing of land, the use of power-driven
machinery and the use of fire, excluding, however, the culture and
harvesting of agricultural crops.
(18) "Operation area" means 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.
(19) "Operation in progress" 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 ORS 477.665.
(20) "Operator" means any person who, either personally or through
employees, agents, representatives or contractors, is carrying on or has
carried on any operation.
(21) "Owner" means an individual, a combination of individuals, a
partnership, a corporation, the State of Oregon or a political
subdivision thereof, or an association of any nature that holds an
ownership interest in land.
(22) "Political subdivision" includes, but is not limited to,
counties, cities and special districts.
(23) "Rangeland" is defined by ORS 477.315.
(24) "Routine road maintenance" is defined by ORS 477.625.
(25) "Side" means any single unit of a logging operation employing
power-driven machinery.
(26) "Slashing" means the forest debris or refuse on any forestland
resulting from the cutting, killing, pruning, severing or removal of
brush, trees or other forest growth.
(27) "State Forester" means the person appointed State Forester
pursuant to ORS 526.031 or the person serving in the position on an
interim or delegated basis.
(28) "Summit of the Cascade Mountains" is considered to be a line
beginning at the intersection of the northern boundary of the State of
Oregon and the western boundary of Wasco County; thence southerly along
the western boundaries of Wasco, Jefferson, Deschutes and Klamath
Counties to the southern boundary of the State of Oregon.
(29) "Timberland" is defined by ORS 477.205.
(30) "Warden" means a fire warden appointed under ORS 477.355.
[1959 c.363 §2 (enacted in lieu of 477.002); 1961 c.603 §1; 1965 c.253
§44; 1967 c.429 §34; 1973 c.46 §1; 1983 c.22 §1; 1985 c.759 §32; 1997
c.274 §1; 1999 c.59 §156; 1999 c.355 §2; 2003 c.54 §3] (1) The preservation of the forests and the
conservation of the forest resources through the prevention and
suppression of forest fires hereby are declared to be the public policy
of the State of Oregon.
(2) In order to accomplish the purposes of the policy stated in
this section:
(a) The need for a complete and coordinated forest protection
system is acknowledged and the primary mission of the State Forestry
Department in such a system is protecting forest resources, second only
to saving lives. Structural protection, though indirect, shall not
inhibit protection of forest resources; and
(b) This chapter shall include all persons and activities
designated in this chapter, irrespective as to whether or not such person
or activity is concerned with the harvesting, cutting, removal or
marketing of trees, timber or other forest products. [Formerly 477.022;
1965 c.253 §45; 1989 c.615 §5](1) For the purpose of an investigation as to
liability for cost of hazard abatement, fire abatement or damages under
this chapter, the Attorney General, at the request of the State Forester,
may administer oaths and affirmations, take testimony or depositions and
by subpoena compel the:
(a) Attendance of witnesses;
(b) Production of documents, including but not limited to writings,
drawings, graphs, charts, photographs, and other data compilations from
which information can be obtained and translated; and
(c) Production of any other tangible thing that the Attorney
General deems relevant or material to the investigation.
(2) Each witness subpoenaed under subsection (1) of this section
shall receive the fees and mileage provided in ORS 44.415 (2).
(3) If a person fails to comply with a subpoena issued or a party
or witness refuses to testify on any matters, the judge of the circuit
court of any county, on the application of the State Forester, shall
compel obedience by proceedings for contempt as in the case of
disobedience of the requirements of a subpoena issued from such court or
a refusal to testify therein. [1993 c.697 §6]SMOKE MANAGEMENT (1) For the purpose of
maintaining air quality, the State Forester and the Department of
Environmental Quality shall approve a plan for the purpose of managing
smoke in areas they shall designate. The plan shall delineate restricted
areas to which this subsection applies. The plan shall also include but
not be limited to considerations of weather, volume of material to be
burned, distance of the burning from designated areas, burning techniques
and provisions for cessation of further burning under adverse air quality
conditions. All burning permitted within the restricted areas shall be
according to the plan. The plan shall be developed by the State Forestry
Department in cooperation with federal and state agencies, landowners and
organizations that will be affected by the plan. The approved plan shall
be filed with the Secretary of State and may thereafter be amended in the
same manner as its formation.
(2) The State Forester shall promulgate rules to carry out the
provisions of the smoke management plan approved under this subsection.
[1997 c.274 §47]URBAN INTERFACE FIRE PROTECTION(1) As used in ORS 477.015 to 477.061, unless
the context otherwise requires, "forestland-urban interface" means a
geographic area of forestland inside a forest protection district where
there exists a concentration of structures in an urban or suburban
setting.
(2) As used in ORS 477.015 to 477.057, unless the context requires
otherwise:
(a) "Committee" means a county forestland-urban interface
classification committee.
(b) "Governing body" means the board of county commissioners or
county court of a county, as the case may be. [1997 c.429 §§3,8] (1) The
Legislative Assembly finds that:
(a) The forestland-urban interface situation in Oregon is a result
of both past and present conditions and that, given projected trends, the
forestland-urban interface situation will continue to grow.
(b) Urban and suburban structures, real property and other natural
resources within a forestland-urban interface are subject to increased
risks of catastrophic damage by fire events.
(c) There is greater complexity in forestland-urban interface fire
protection than in either resource land fire protection or urban
structural fire protection.
(d) In dealing with the forestland-urban interface situation, major
and long term solutions will involve local actions and efforts by
property owners.
(e) One solution or set of solutions will not fit all situations or
areas of the state.
(2) The Legislative Assembly declares that:
(a) In order to ensure the protection of human life, the safety of
citizens and fire service personnel and the highest possible level of
livability in Oregon, it is necessary to provide a complete and
coordinated fire protection system within the forestland-urban interface
in Oregon.
(b) All forestland-urban interface property owners have a basic
responsibility to share in this complete and coordinated protection
system by providing efforts against fire.
(c) Public and property owner education and awareness is critical
to forestland-urban interface solutions and must occur at multiple levels.
(d) In administration of ORS 477.015 to 477.061, it is the intent
of the Legislative Assembly that property owners who will be affected by
ORS 477.015 to 477.061 will be:
(A) Involved in the processes of development of administrative
rules pursuant to ORS 477.015 to 477.061; and
(B) Notified of the outcomes of classification pursuant to ORS
477.015 to 477.057.
(3) The purpose of ORS 477.015 to 477.061 is to:
(a) Provide a forestland-urban interface fire protection system in
Oregon that minimizes cost and risk while maximizing effectiveness and
efficiency for protection of the values at risk from fire.
(b) Promote and encourage property owner efforts to minimize and
mitigate fire hazards and risks within the forestland-urban interface.
(c) Promote and encourage the involvement and interaction of all
levels of government and the private sector that have a direct or
indirect interest and role in the forestland-urban interface situation
over the long term. [1997 c.429 §§4,5,7] (1)
The forestland-urban interface in Oregon represents a unique fire
protection situation that requires that unique and special measures be
taken to ensure adequate public safety and protection of property,
development and natural resources. Therefore, it is declared to be the
public policy of the State of Oregon to encourage and provide a complete
and coordinated forestland-urban interface fire protection system.
(2)(a) It is recognized that forestland-urban interface areas are
already subject to other laws and to regulations of other agencies. It is
the intent of ORS 477.015 to 477.061 to integrate with and not replace
those other laws and regulations.
(b) In the event of an apparent conflict between the obligations
imposed by ORS 477.015 to 477.061 and by other laws or regulations for
which the forester is responsible and has jurisdiction, the forester
shall resolve the conflict within the scope of the forester's authority.
(c) In the event of an apparent conflict, the obligations imposed
by ORS 477.015 to 477.061 shall not supersede or replace federal law or
regulation, other state agency law or regulations, or more restrictive
local government ordinance or code.
(d) Compliance with the obligations imposed by ORS 477.015 to
477.061 does not relieve the property owner of the requirements of other
laws or regulations that might apply to the property in question.
(3) To encourage development of a complete and coordinated
forestland-urban interface fire protection system, it is declared to be
in the public interest that the State Board of Forestry and the State
Forester take a lead role in statewide coordination of the
forestland-urban interface situation with other state and federal
agencies, local governments and private sector interests that are
concerned with fire protection in the forestland-urban interface. [1997
c.429 §6]The Legislative Assembly recognizes that the forestland-urban
interface in Oregon varies by condition, situation, fire hazard and risk,
that different forestland-urban interface fire protection problems exist
across the state because of this variability, that these different
problems necessitate varied fire prevention and protection practices and
that, in order to give recognition to such differences and their effect
on the accomplishment of the public policy stated in ORS 477.023, certain
classifications of the forestland-urban interface within the State of
Oregon are established by ORS 477.027 to 477.057. [1997 c.429 §9] By administrative rule,
the State Board of Forestry shall establish criteria and a system by
which the forestland-urban interface shall be classified. The criteria
shall recognize differences across the state in fire hazard, fire risk
and structural characteristics within the forestland-urban interface and
the system shall include not less than three nor more than five classes
of forestland-urban interface. [1997 c.429 §10]
(1) The governing body of each county containing forestland-urban
interface may establish a county forestland-urban interface
classification committee of five persons of whom one shall be appointed
by the State Forester, one by the State Fire Marshal and three by the
governing body. Of the members appointed by the governing body, one must
be an owner of forestland-urban interface property who permanently
resides on the property or a representative thereof. Each appointing
authority shall file with the forester the name of its appointee or
appointees, and the persons so named shall constitute the committee for
the county. Each member of the committee at all times is subject to
replacement by the appointing authority, effective upon the filing with
the forester by that authority of written notice of removal and the name
of the new appointee.
(2) The committee shall elect from among its members a chair and a
secretary and may elect or employ other officers, agents and employees as
it finds advisable. It shall adopt rules governing its organization and
proceedings and the performance of its duties, and shall keep written
minutes of all its meetings. A quorum of the committee for official
actions shall be four or more members present.
(3) The governing body of the county may provide for the committee
and its employees such accommodations and supplies and such county funds
not otherwise appropriated as the governing body finds necessary for the
proper performance of the committee's functions. The members of the
committee shall receive no compensation for their services, but the
governing body may reimburse them for their actual and necessary travel
and other expenses incurred in the performance of their duties. By
written agreement between the State Forester and the governing body, the
State Forestry Department may provide the functions or be responsible for
the expenses referred to in this subsection.
(4) In the interest of efficiency, by written agreement between the
State Forester and the governing body, if a forestland classification
committee is established and active within a county pursuant to ORS
526.305 to 526.340, that committee may serve as the county
forestland-urban interface classification committee established by
subsection (1) of this section. In the event that this agreement is made,
the State Forester and the governing body shall ensure that either:
(a) A State Fire Marshal appointee and a forestland-urban interface
property owner who permanently resides on the property or a
representative thereof are added to the existing forestland
classification committee to bring the total number of committee members
to seven; or
(b) The State Fire Marshal approves of the current membership of
the forestland classification committee and the committee includes a
forestland-urban interface property owner who permanently resides on the
property or a representative thereof. [1997 c.429 §11] (1) Upon establishment of a county
forestland-urban interface classification committee under ORS 477.029,
the committee shall investigate and study all forestland-urban interface
within its county and determine which classifications of forestland-urban
interface are represented according to the classification system
developed pursuant to ORS 477.027.
(2) Upon the basis of its investigation and determination under
subsection (1) of this section, the committee shall assign all
forestland-urban interface forestland within its county to one of the
forestland-urban interface classifications developed pursuant to ORS
477.027.
(3) The county forestland-urban interface classification committee
first shall adopt preliminary classification assignments and upon its
completion shall cause notice thereof to be published once a week for two
consecutive weeks in a newspaper of general circulation in the county, to
be posted in three public places within the county, and to be mailed to
owners of property within the preliminary classifications. The notice
shall state the time and place for hearing or receiving objections,
remonstrances or suggestions as to the proposed classifications and the
place where a statement of the preliminary classifications may be
inspected. [1997 c.429 §§12,13] (1) The county
forestland-urban interface classification committee shall hold a public
hearing at the time and place stated in the notice published under ORS
477.031 (3), or at such other time and place to which the hearing may be
adjourned, to receive from any interested persons objections,
remonstrances or suggestions relating to the proposed classifications.
Following the hearing the committee may make such changes in the
preliminary classifications as it finds to be proper, hold additional
hearings as it finds necessary, and thereafter shall make its final
classifications.
(2) All action by the committee in classifying or reclassifying
forestland-urban interface property shall be by formal written order,
which must include a statement of findings of fact on the basis of which
the order is made, and must include a map showing the classifications or
reclassifications made. The original of the order shall be filed
immediately with the county clerk of the county, who shall maintain and
make it available for public inspection. A copy of the order certified by
the secretary of the committee shall be sent to the State Board of
Forestry. [1997 c.429 §14] (1) Any
owner of land classified under ORS 477.027 to 477.057 who is aggrieved by
the classification may, within 30 days after the date of the order making
the classification, appeal to the circuit court for the county. The
appeal shall be taken by serving the notice of appeal on the secretary of
the committee or, if the classification was made under ORS 477.057, on
the State Forester, and by filing such notice with the county clerk.
(2) The appeal shall be tried by the circuit court as an action not
triable by right to a jury. [1997 c.429 §15] (1)
In the event no classification of the forestland-urban interface is made
by a county forestland-urban interface classification committee within a
county in which such land is situated because no committee was appointed
for a period of time exceeding two years or, if appointed, a committee
did not act for a period of time exceeding two years or acted in a manner
inconsistent with law, the State Forester may make the final
classifications that were otherwise to be made by a committee consistent
with and in the same manner as the process described in ORS 477.031 to
477.054.
(2) Classifications by the State Forester have the same force and
effect as though made by a committee for that county. However,
classifications made by the State Forester cease to be effective if
replaced by classifications made pursuant to ORS 477.052 by the
appropriate committee. [1997 c.429 §16](1) An owner of land
within a forestland-urban interface classification, prior to a fire
occurrence originating on the owner's property, shall take actions,
measures or efforts to minimize or mitigate a fire hazard or risk on the
property due singly, or in combination, to the presence of structures,
the arrangement or accumulation of vegetative fuels or the presence of
other fire hazards.
(2) The minimum acceptable standards to comply with subsection (1)
of this section shall be established in rules promulgated by the State
Board of Forestry and shall be based on considerations of the variability
of the forestland-urban interface classifications across the state. The
rules established by this subsection shall be provided to all owners,
within the appropriate forestland-urban interface classifications.
(3) Structures and real property lots in a forestland-urban
interface classification that, by written evaluation pursuant to rules
promulgated by the board, meet the standards of subsection (2) of this
section prior to fire occurrence on the owner's property shall be
considered certified as having met the requirements of subsection (1) of
this section. The rules established by this subsection shall:
(a) Be provided to all owners, within the appropriate
forestland-urban interface classifications; and
(b) Provide for periodic renewal of the written certification based
on the specific characteristics of the applicable forestland-urban
interface classifications.
(4) In the event that an owner fails to meet the obligations of
subsection (1) of this section and a fire occurs, then the owner shall be
liable for the actual costs incurred by the forester up to a maximum of
$100,000, excluding that portion of the actual costs which are the
ordinary costs of the regular personnel and equipment of the forest
protection district wherein the forestland-urban interface classification
is located if:
(a) The fire originates on the owner's property;
(b) The ignition or spread of the fire is directly related to the
failure to meet the obligations of subsection (1) of this section; and
(c) The fire requires action by the forester pursuant to ORS
477.066 (2) and the forester incurs costs in suppressing the fire. [1997
c.429 §17](1) In determining the annual cost of protection
pursuant to ORS 477.230, the forester may consider and include the
special or additional cost of fire protection for property within a
forestland-urban interface classification, including the special or
unique costs of assessment processing and administration.
(2) The forester shall identify special or additional costs
identified by subsection (1) of this section in the budget required by
ORS 477.230 to 477.300. These special or additional costs are in addition
to the annual cost of ORS 477.230 (1) and may not exceed $25 annually for
each property. Only those owners of property within a forestland-urban
interface classification in a forest protection district shall bear the
special or additional cost of fire protection within the forestland-urban
interface in a manner consistent with rules promulgated by the State
Board of Forestry. [1997 c.429 §18; 2001 c.361 §1]ORS 477.015 to 477.061 shall be known as the
Oregon Forestland-Urban Interface Fire Protection Act of 1997. [1997
c.429 §2]HAZARD ABATEMENT(1)
All forestland that by reason of its lack of adequate fire protection
endangers life, forest resources or property is declared to be a public
nuisance.
(2) Whenever the forester learns thereof, the forester may direct
the owner or operator of such forestland to take proper steps for its
protection and advise the owner or operator of means to that end. In case
of refusal or neglect by either to take precautions against fire required
by law or when so directed by the forester in writing, within such time
as is specified in the writing, then the forester may have such work done
as the forester considers necessary for the protection of life, forest
resources or property, without the necessity of court action.
(3) The cost of work under subsection (2) of this section and the
expense of any patrol rendered necessary by the want of adequate
protection of such forestland shall be recoverable from the offender by
an action prosecuted in the name of the state.
(4) All moneys collected under this section shall be paid into the
State Treasury, credited to the State Forestry Department Account and
expended as other moneys in that account are expended. [Formerly 477.032;
1965 c.253 §50; 1997 c.274 §2]FIRE ABATEMENT Any fire on any
forestland in Oregon burning uncontrolled or without proper action being
taken to prevent its spread, notwithstanding its origin, is declared a
public nuisance by reason of its menace to life, forest resources or
property. The spread of fire in forestland across an ownership boundary
is prima facie evidence of fire burning uncontrolled. [Formerly 477.034;
1997 c.274 §3](1) Each owner and operator of forestland on which a fire
exists or from which it may have spread, notwithstanding the origin or
subsequent spread thereof, shall immediately proceed to control and
extinguish such fire when its existence comes to the knowledge of the
owner or operator, without awaiting instructions from the forester, and
shall continue until the fire is extinguished.
(2) If the forester determines the fire is either burning
uncontrolled or the owner or operator does not then have readily and
immediately available personnel and equipment to control or extinguish
the fire, the forester, or any forest protective association or agency
under contract or agreement with the State Board of Forestry for the
protection of forestland against fire, and within whose protection area
the fire exists, shall summarily abate the nuisance thus constituted by
controlling and extinguishing the fire.
(3) An owner may request in writing that the forester employ
alternate fire prevention and suppression strategies or techniques on the
owner's forestland. The forester may employ some or all of the requested
strategies or techniques when, in the judgment of the forester,
conditions warrant the use of the alternate strategies or techniques.
[Formerly 477.036; 1961 c.603 §7; 1965 c.253 §51; 1967 c.429 §1; 1983
c.22 §2; 1999 c.355 §3]For the purpose of ORS 477.066,
notification to the owner or operator of the forestland, is considered
sufficient notification to the owner of the existence of a fire.
[Formerly 477.042 and then 477.071](1) In case an owner or operator fails to
perform the duty required by ORS 477.066, or is willful, malicious or
negligent in the origin or subsequent spread of the fire, the actual cost
incurred by the forester or a forest protective association or agency in
controlling or extinguishing the fire shall be paid by the owner or
operator within 90 days after the date on which the first written demand
for payment of the actual cost is mailed by the State Forester to the
owner or operator. If the actual cost is not paid within such 90-day
period, such amount shall bear interest at 10 percent per year from the
date on which the first written demand for the payment of the actual
costs was mailed by the State Forester and the actual cost together with
such interest may be recovered from such owner or operator by an action
prosecuted in the name of the State of Oregon, or such forest protective
association or agency, or both.
(2) An itemized statement of the actual cost incurred by the
forester or association or agency, or both, certified to by the forester,
shall be accepted as prima facie evidence of the actual cost in any
proceeding authorized by this section.
(3) The actual cost in cases covered by ORS 477.066 shall
constitute a general lien upon the real and personal property of such
owner or operator. A written notice of the lien, containing a description
of the property and a statement of the actual cost, shall be certified
under oath by the forester or any warden and filed in the office of the
county clerk of the county in which the lands and personal property are
situated within 12 months after the calendar year within which the fire
originated, and may be foreclosed in the manner provided by law for
foreclosure of liens for labor and material. In any proceeding to
foreclose a lien created under this subsection, recovery for the
plaintiff shall include, in addition to the amount of the actual cost,
interest on such amount at the rate of 10 percent per year from the date
of the filing of the written notice of the lien.
(4) Upon request of the forester, the district attorney for the
district in which the lands and personal property are situated or the
Attorney General shall prosecute such action or foreclose the lien in the
name of the State of Oregon or such forest protective association or
agency, or both. Liens provided for in this section shall cease to exist
unless suit for foreclosure is instituted within 12 months from the date
of filing under subsection (3) of this section.
(5) In any action under subsection (1) of this section to recover
actual cost and in any proceeding to foreclose any lien created by
subsection (3) of this section, the court shall award, in addition to
costs and disbursements, reasonable attorney fees at trial and on appeal
to the prevailing party. [Formerly 477.038; 1955 c.218 §1; 1959 c.363 §6;
1961 c.603 §8; 1965 c.253 §53; 1965 c.428 §§11,12; 1973 c.66 §1; 1981
c.897 §54; 1983 c.22 §3; 1983 c.27 §1; 1997 c.206 §1]Notwithstanding any other law, in any action
authorized by ORS 477.068 to collect the costs incurred, the plaintiff
may unite in the same complaint causes of action based upon any or all of
the grounds therein mentioned. [1957 c.157 §1; 1961 c.603 §9; 1965 c.253
§54]Any person who willfully or negligently sets a fire
or causes a fire to be set for which efforts to control or extinguish the
fire in order to protect forestland within a forest protection district
from fire are exerted by the forester or any forest protective
association or agency under contract or agreement with the State Board of
Forestry is liable for the actual costs incurred by the forester,
association or agency in such efforts. The costs shall be recovered from
the person liable therefor in the same manner as costs recovered under
ORS 477.068. [1965 c.428 §7; 1967 c.429 §2; 1997 c.274 §3a; 1999 c.355 §4] In addition to the penalties
otherwise provided by law, the United States, state, political
subdivision or private owners whose property is injured or destroyed by
fires in violation of ORS 526.041 or this chapter may recover in a civil
action double the amount of damages suffered if the fires occurred
through willfulness, malice or negligence. Persons causing fires by
violation of any of the provisions of the statutes enumerated in this
section are liable in an appropriate action for the full amount of all
expenses incurred in fighting such fires. [Formerly 477.310; 1971 c.743
§384; 1987 c.919 §18] (1) An
owner of forestland shall not be subject to the provisions of ORS 477.068
and 477.090, where the origin or subsequent spread of a fire was the
direct result of training activity by the Oregon National Guard or of any
component of the Armed Forces of the United States.
(2) Notwithstanding any other law, the Oregon National Guard shall
be subject to the duties, requirements or penalties of ORS 477.068,
477.085 and 477.090, where the origin or subsequent spread of a fire was
the direct result of training activity by the Oregon National Guard.
[1997 c.274 §36] (1) The
State Forester, or any agency or organization with responsibility under
this chapter to suppress fires, may not prohibit an owner or the owner's
agent from suppressing a fire occurring on the owner's property or that
poses a threat to the owner's property.
(2) Notwithstanding subsection (1) of this section, the forester,
agency or organization may prohibit an owner or the owner's agent from
suppressing a fire if the owner or agent conducts the action in a manner
that the forester, agency or organization reasonably determines is likely
to increase the risk of injury or damage to the personnel or equipment of
the forester, agency or organization. [2005 c.802 §4] (1) Except as provided in
subsections (2) and (3) of this section, the owner or operator of
forestland is not subject to the obligations or penalties of ORS 164.335
and 477.740 or 477.064, 477.066 and 477.068 if:
(a) Forest patrol assessments are regularly paid for the
forestland; or
(b) Such forestland is protected pursuant to membership in a forest
protective association in accordance with ORS 477.210, which association
has undertaken the control and suppression of fires on such land as
provided in the contract; or
(c) Such forestland is protected pursuant to cooperative agreement
or contract under ORS 477.406.
(2) The provisions of subsection (1) of this section do not apply
to such owner or operator if the owner or operator:
(a) Is willful, malicious or negligent in the origin or subsequent
spread of a fire on such forestland;
(b) Has caused or permitted an operation to exist on such
forestland and a fire originates thereon as a result of the operation;
(c) Has failed to give notice to the forester pursuant to ORS
477.580 (1) or has failed within the time prescribed in any order or
notice issued by the forester to reduce, abate, or offset any hazard
determined to exist pursuant to ORS 477.062 or 477.580 and a fire
originates on or spreads to the area on which such hazard exists and for
which no release has been granted pursuant to ORS 477.580 (3) or (4); or
(d) Has caused or allowed any burning, including burning regulated
by ORS 477.013 or 477.515, whether or not a permit has been obtained and
a fire results from or is caused by such burning.
(3) Unless subsection (2)(a) or (c) of this section applies, the
owner or operator shall not be obligated to pay that portion of the
actual costs provided in ORS 477.068 which are the ordinary costs of the
regular personnel and equipment of the forest protection district wherein
the forestland is located.
(4) If subsection (2)(b) or (d) of this section applies and
subsection (2)(a) and (c) of this section do not apply, the owner or
operator shall not be liable to the forester for fire suppression costs
in excess of $300,000.
(5) The provisions of subsections (3) and (4) of this section do
not apply to the owner or operator if the owner or operator fails to make
every reasonable effort.
(6) For the purpose of subsection (2)(b) of this section, if a fire
originates while an operation is in progress, there is a presumption,
under ORS 40.120, that the fire originated as a result of the operation.
[Formerly 477.056; 1971 c.743 §385; 1973 c.46 §2; 1983 c.22 §4; 1989
c.615 §1; 1997 c.274 §48](1) A forest
protective association, rangeland protection system established pursuant
to ORS 477.320 or public body as defined in ORS 174.109, or a person
acting as an agent of a forest protective association, rangeland
protection system or public body, is not liable for any injury to persons
or property resulting from carrying out the provisions of this chapter or
while acting within the scope of a duty imposed by this chapter.
(2) The exemption from liability provided by subsection (1) of this
section does not apply to any injury to persons or property resulting
from willful misconduct or gross negligence.
(3) An employee of a forest protective association, or a person
acting as an agent of a forest protective association, is an agent of a
public body acting within the scope of their duties for purposes of ORS
30.260 to 30.300, if the person:
(a) Engages in fire fighting activities occurring on lands located
outside of the forest protection district in which the association is
located; and
(b) Acts under the direction and control of the forester. [2003
c.54 §2; 2005 c.105 §1]NORTHWEST WILDLAND FIRE PROTECTION AGREEMENT As used in
the Northwest Wildland Fire Protection Agreement as set forth in ORS
477.200, "all possible aid" means the assistance that a member can
provide in response to a request for aid without materially diminishing
the overall fire prevention or protection capabilities of the member at
the time of the request and for the duration of the response to provide
assistance. [1999 c.258 §3]Note: 477.175 to 477.200 were enacted into law by the Legislative
Assembly but were not added to or made a part of ORS chapter 477 or any
series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.If the Northwest Wildland
Fire Protection Agreement is amended in accordance with Article IX of the
agreement, the Governor shall invoke Article X of the agreement to
withdraw from the agreement until such time as the Legislative Assembly
ratifies the amendment, or during the interim between legislative
sessions, until such time as the State Forester submits the amendment to
the Emergency Board for review. The State Forester shall submit any
amendment reviewed by the Emergency Board to the next Legislative
Assembly for ratification. If the Legislative Assembly does not ratify
the amendment prior to adjournment sine die, the Governor shall
immediately invoke Article X of the agreement to withdraw from the
agreement. [1999 c.258 §4]Note: See note under 477.175. The Governor shall
make reasonable efforts to use local available fire protection resources
within Oregon before calling on forces from other members of the
Northwest Wildland Fire Protection Agreement. [1999 c.258 §5]Note: See note under 477.175. The Governor
may take any action necessary to carry out the Northwest Wildland Fire
Protection Agreement as set forth in ORS 477.200. The Governor may
delegate the authority granted under this section or ORS 477.180 and
477.185 to the State Forester. [1999 c.258 §6]Note: See note under 477.175.(1) The Legislative Assembly of the State of Oregon hereby
ratifies the Northwest Wildland Fire Protection Agreement set forth in
ORS 477.200, and the provisions of such agreement hereby are declared to
be the law of this state upon such agreement becoming effective as
provided in subsection (2) of this section.
(2) This agreement shall become effective when it has been ratified
by one or more of the states eligible to be parties to this agreement and
has been consented to by the Congress of the United States as required by
section 10, Article I of the Constitution of the United States. [1999
c.258 §1]Note: See note under 477.175. The
provisions of the Northwest Wildland Fire Protection Agreement are as
follows:
___________________________________________________________________________
___ARTICLE IThe purpose of this agreement is to promote effective prevention,
presuppression and control of forest fires in the northwest wildland
region of the United States and adjacent areas of Canada by providing
mutual aid in prevention, presuppression and control of wildland fires
and by establishing procedures in operating plans that will facilitate
such aid.ARTICLE II (1) This agreement shall become effective for those members
ratifying it whenever any two or more members, the States of Oregon,
Washington, Alaska, Idaho, Montana, the Yukon Territory, the Province of
British Columbia or the Province of Alberta have ratified it, and when
consented to by an Act of Congress of the United States.
(2) Any state, province or territory not listed in this Article
which is contiguous to any member may become a party to this agreement
subject to unanimous approval of the members.ARTICLE III (1) The role of the members is to determine from time to time such
methods, practices, circumstances and conditions as may be found for
enhancing the prevention, presuppression and control of forest fires in
the area comprising the members' territory, to coordinate the plans and
the work of the appropriate agencies of the members and to coordinate the
rendering of aid by the members to each other in fighting wildland fires.
(2) The members may develop cooperative operating plans for the
program covered by this agreement. Operating plans shall include
definition of terms, fiscal procedures, personnel contracts, resources
available and standards applicable to the program. Other sections may be
added as necessary.ARTICLE IVA majority of members shall constitute a quorum for the transaction
of its general business. Motions of members present shall be carried by a
simple majority, except as stated in Article II. Each member shall have
one vote on motions brought before the members.ARTICLE VWhenever a member requests aid from any other member in controlling
or preventing wildland fires, the member agrees, to the extent the member
possibly can, to render all possible aid.ARTICLE VI (1) Whenever the forces of any member are aiding another member
under this agreement, the employees of such members shall operate under
the direction of the officers of the member to whom they are rendering
aid and be considered agents of the member they are rendering aid to and,
therefore, have the same privileges and immunities as comparable
employees of the member to whom they are rendering aid.
(2) No member or its officers or employees rendering aid within
another state, territory or province pursuant to this agreement shall be
liable on account of any act or omission on the part of such forces while
so engaged or on account of maintenance or use of any equipment or
supplies in connection therewith to the extent authorized by the laws of
the member receiving the assistance. The receiving member, to the extent
authorized by the laws of the state, territory or province, agrees to
indemnify and save harmless the assisting member from any such liability.
(3) Any member rendering outside aid pursuant to this agreement
shall be reimbursed by the member receiving such aid for any loss or
damage to, or expense incurred in the operation of, any equipment and for
the cost of all materials, transportation, wages, salaries and
maintenance of personnel and equipment incurred in connection with such
request in accordance with the provisions of Article V of this agreement.
Nothing contained herein shall prevent any assisting member from assuming
such loss, damage, expense or other cost from lending such equipment or
from donating such services to the receiving member without charge or
cost.
(4) For purposes of this agreement, personnel shall be considered
employees of each sending member for the payment of compensation to
injured employees and death benefits to the representatives of deceased
employees injured or killed while rendering aid to another member
pursuant to this agreement.
(5) The members shall formulate procedures for claims and
reimbursement under the provisions of this Article.ARTICLE VII (1) When appropriations for support of this agreement or for the
support of common services in executing this agreement are needed, costs
will be allocated equally among the members.
(2) As necessary, members shall keep accurate books of account,
showing in full the members' receipts and disbursements, and the books of
account shall be open at any reasonable time to the inspection of
representatives of the members.
(3) The members may accept any and all donations, gifts and grants
of money, equipment, supplies, materials and services from the federal or
any local government or any agency thereof and from any person, firm or
corporation for any of its purposes and functions under this agreement
and may receive and use the same subject to the terms, conditions and
regulations governing such donations, gifts and grants.ARTICLE VIII (1) Nothing in this agreement shall be construed to limit or
restrict the powers of any member to provide for the prevention, control
and extinguishment of wildland fires or to prohibit the enactment or
enforcement of state, territorial or provincial laws, rules or
regulations intended to aid in such prevention, control and
extinguishment of wildland fires in such state, territory or province.
(2) Nothing in this agreement shall be construed to affect any
existing or future cooperative agreement between members or their
respective federal agencies.ARTICLE IX (1) The members may request the United States Forest Service to act
as the coordinating agency of the Northwest Wildland Fire Protection
Agreement in cooperation with the appropriate agencies of each member.
(2) The members will hold an annual meeting to review the terms of
this agreement and any applicable operating plans and make necessary
modifications.
(3) Amendments to this agreement can be made by simple majority
vote of the members and will take effect immediately upon passage.ARTICLE XThis agreement shall continue in force on each member until such
member takes action to withdraw therefrom. Such action shall not be
effective until 60 days after notice thereof has been sent to all other
members.ARTICLE XINothing in this agreement shall obligate the funds of any member
beyond those approved by appropriate legislative action.
___________________________________________________________________________
___[1999 c.258 §2; 2003 c.14 §313]Note: See note under 477.175.FOREST PROTECTION DISTRICTS As used in ORS
477.205 to 477.281, unless the context requires otherwise:
(1) "Grazing land" means forestland, within a forest protection
district, that has been classified as Class 3, agricultural class, as
provided by ORS 526.305 to 526.370.
(2) "Timberland" means forestland, within a forest protection
district, that has not been classified as Class 3, agricultural class,
under ORS 526.305 to 526.370. [1965 c.253 §56](1) During the season of the year
when there is danger of fire, every owner of forestland shall provide
adequate protection against the starting or spread of fire thereon or
therefrom, which protection shall meet with the approval of the State
Board of Forestry.
(2) Subsection (1) of this section is considered to have been
complied with if, on January 1 of each year, the owner:
(a) Files with the forester a bona fide forest protection plan that
meets with the approval of the board; or
(b) Is a member in good standing in a forest protective association
maintaining a standard of protection approved by the board.
(3) The forester shall make periodic inspections of the protection
facilities provided in order to ascertain compliance by the owner.
(4) In case any owner of forestland shall fail or neglect to file
such a fire plan or maintain the standard of protection approved by the
board, either through compliance with the fire plan or membership in an
approved association, then the forester under the direction of the board
shall provide forest protection pursuant to ORS 477.205 to 477.281.
(5) The forester shall provide protection pursuant to ORS 477.205
to 477.281 for forestland owned by the state or by a political
subdivision located within a forest protection district, unless adequate
protection as required by this section is otherwise provided. [Formerly
477.024; 2003 c.14 §314](1) The forester is not required to provide
protection for forestland that is either a small parcel or a tract
isolated from a forest protection district and which land is found by the
forester as not practicable to be included in a forest patrol system.
(2) ORS 477.205 to 477.281 do not apply to federal grazing land or
federal timberland within this state for which adequate protection is
provided unless the lands have been included within the boundaries of a
forest protection district pursuant to a cooperative agreement with the
federal government approved by the State Board of Forestry.
(3) Upon written request of the owner of lands that have been
incorporated within a rural fire protection district, the forester shall
determine whether the lands, or any part thereof, are forestland.
Thereafter, those lands that have been so determined shall be included
within ORS 477.205 to 477.281 unless excluded pursuant to subsection (1)
of this section. [Formerly 477.053; 2005 c.22 §358]The State Forester, by rule, shall designate areas of forestland
within this state as forest protection districts within which the
forester is required to provide protection pursuant to this chapter. In
establishing new boundaries or changes in boundaries of the districts,
the State Forester may, for the purposes of administrative convenience,
designate mountain ranges, rivers, streams, roads or other recognizable
landmarks as boundaries. Boundaries may be established or changed only
after a public hearing. [Formerly 477.026; 1997 c.274 §4](1) The annual cost of
protection provided by the forester for forestland within a forest
protection district shall be as follows:
(a) Grazing land within the district shall be protected by the
forester at a pro rata cost per acre for all grazing land within the
district boundary. However, forest patrol assessments levied and assessed
under ORS 477.270 against such lands that are not owned by public
agencies may not exceed one-half of the pro rata cost per acre, exclusive
of any assessment per acre under ORS 477.880.
(b) Timberland within the district shall be protected by the
forester at a pro rata cost per acre for all timberland within the
district boundary. However, forest patrol assessments levied and assessed
under ORS 477.270 against such lands that are not owned by public
agencies may not exceed one-half of the pro rata cost per acre, exclusive
of any assessment per acre under ORS 477.880.
(2) The cost of protection described in this section shall be in
accordance with a budget for the district approved by the State Board of
Forestry. [Formerly 477.030; 1971 c.60 §1; 1973 c.184 §6; 1977 c.892 §48;
1983 c.16 §1; 1985 c.759 §32a; 1989 c.769 §10; 1997 c.274 §5; 2005 c.22
§359] Subject to
the forest patrol assessment limitations set forth in ORS 477.230:
(1) Actual costs incurred by the forester in the prevention and
suppression of fire on grazing land or timberland located within a forest
protection district, in excess of the amount budgeted as required by ORS
477.230, but not including those costs eligible for equalization by the
Oregon Forest Land Protection Fund, shall be, without regard to
proceedings for the collection of the costs:
(a) Included in the budget for the next fiscal year; and
(b) Levied and assessed against the grazing land or timberland in
the district.
(2) Budgeted amounts not expended may be carried forward as a
credit to the assessment rate for the ensuing year. [2005 c.802 §6]Note: 477.232 was added to and made a part of 477.205 to 477.281 by
legislative action but was not added to any other series. See Preface to
Oregon Revised Statutes for further explanation.The forester shall prepare tentative budget estimates for each
forest protection district for the ensuing fiscal year beginning July 1,
in a manner consistent with accounting and budgetary procedures
prescribed by the State Board of Forestry. [Formerly 477.041; 1967 c.429
§3] In any forest protection
district wherein the forester has entered into a cooperative agreement or
contract with a forest protective association or agency described in ORS
477.406 (1), and the association or agency has appointed an advisory and
guidance committee for the purposes of analysis and review of the
protection plans and budgets for the district, the forester shall prepare
the protection plans and budgets in conjunction with the committee. [1965
c.253 §63](1) All owners of lands assessed
under ORS 477.205 to 477.281 shall have an opportunity to be heard on
matters pertaining to the budgeting of moneys required to defray the cost
of protection in each forest protection district. The forester, under the
direction of the State Board of Forestry, shall provide for the holding
of a public budget meeting in each district on or before May 1 of each
year. The meeting shall be held at any convenient place designated by the
forester.
(2) In forest protection districts wherein the board has entered
into cooperative agreements or contracts with forest protective agencies,
the board may make provision for the holding of the public budget meeting
required in subsection (1) of this section on the same date and at the
same place as a regular meeting of the agency. [Formerly 477.043]
(1) Not more than four weeks preceding each budget meeting, the forester
shall cause notice of such meeting to be published once a week for two
consecutive weeks in one or more newspapers published in or having
general circulation in each of the counties in the forest protection
district and in such other media of communication as the forester finds
advisable. However, the final publication shall be made at least one week
prior to the date of the meeting. The notice shall state the time and
place where the tentative budget for the district may be inspected and
shall state the time and place of the meeting.
(2) Whenever the forester determines that any privately owned land
should be subject to assessment for forest protection and such land was
not subject to the assessment during the preceding year, the forester
shall give written notice by mail of the determination to each owner of
such land not later than March 1 of the year the assessment is to be
made. The notice shall inform the owner of the acreage and tax lot number
of the lands to be assessed and the name and address of the nearest
representative of the forester the owner may contact if review of the
proposed assessment is desired. The notice shall also inform the owner of
the procedure for hearing and appeals prescribed in ORS 477.205 to
477.281. [Formerly 477.045; 1979 c.276 §1; 1999 c.355 §5](1) The public budget meeting shall be held at
the time and place as stated in the published notice, or at such other
time and place to which the meeting may be adjourned.
(2) A member of the State Board of Forestry, or the forester, shall
act as chairperson of the meeting. The forester shall cause the minutes
of the meeting to be preserved as a public record.
(3) During the meeting the chairperson shall receive from any
interested persons suggestions, advice, objections or remonstrances as to
the proposed budget for that forest protection district. The forester,
under the direction of the board, may make changes in the budget proper
and consistent with law, and thereafter submit the budget for final
approval under ORS 477.265. [Formerly 477.047] (1) Any owner of grazing land or
timberland within the boundary of the forest protection district who is
adversely affected by the proposed budget may file an appeal within 30
days after the date of the public budget meeting.
(2) Any owner of grazing land or timberland subject to ORS 477.205
to 477.281 shall, upon request, be granted a hearing by the State Board
of Forestry on any subject pertaining to the activities of the forester
or board affecting the land.
(3) Appeals and hearings shall be conducted by the board in
accordance with rules adopted pursuant to ORS 526.016 (4). [Formerly
477.049; 1997 c.274 §6; 1999 c.355 §6] The State Board of
Forestry shall annually review the forest protection district budgets,
make any changes in the budgets that are proper and consistent with law,
and pass final approval on all district budgets and the prorated acreage
rates therein. [Formerly 477.051; 1999 c.355 §7](1) Subject to the forest patrol assessment
limitations set forth in ORS 477.230:
(a) The budgeted cost of the forester, as provided for in ORS
477.205 to 477.281, in providing protection for privately owned
forestland shall be a lien upon such property, shall be reported by the
forester to the governing body of the county in which the lands are
situated on or after July 1 of each fiscal year, and shall be levied and
collected by the governing body with the next taxes on the land in the
same manner and with the same interest, penalty and cost charges as apply
to ad valorem property taxes in this state. The governing body shall
instruct the proper officer to extend the amounts on the assessment roll
in a separate account, and the procedure provided by law for the
collection of taxes and delinquent taxes shall apply. Upon collection
thereof, the governing body shall repay the entire amount collected to
the forester.
(b) In lieu of the procedures under paragraph (a) of this
subsection, the forester, under the direction of the State Board of
Forestry, may make direct billing of the budgeted cost to owners of
forestland and receive payment of the cost therefrom. In the event that
under such billing procedures any owners fail to make payment, the unpaid
budgeted cost shall become a lien against the property so billed and
shall be levied and collected with the next taxes on such property as
described in paragraph (a) of this subsection.
(c) The budgeted cost of the forester in providing protection for
forestland owned by the state or by a political subdivision shall be paid
to the forester on or before the first day of January of the fiscal year
for which such protection is to be provided.
(2) Except as provided in ORS 477.230 (2), all moneys received by
the forester pursuant to this section shall be paid into the State
Treasury, credited to the State Forestry Department Account and used
exclusively for the purposes of ORS 477.205 to 477.281. [Formerly
477.033; 1983 c.16 §2; 1999 c.355 §8](1) In addition to any other
assessment prescribed by ORS 477.205 to 477.281, in any fiscal year in
which the Emergency Fire Cost Committee determines pursuant to ORS
477.760 that the unencumbered balance of the Oregon Forest Land
Protection Fund is less than $22.5 million, a surcharge shall be levied
and assessed in the amount of $38 for each improved lot or parcel, except
as provided in ORS 477.760, to defray the increased cost of fire
suppression on forestland that is caused by the existence of the
improvements.
(2) All surcharge moneys collected pursuant to this section shall
be paid into the Oregon Forest Land Protection Fund.
(3) If an owner of forestland files a forest protection plan with
the forester which is approved by the State Board of Forestry under ORS
477.210 (2), the owner shall not be required to pay the surcharge levied
under subsection (1) of this section.
(4) As used in this section, a lot or parcel is "improved" if it is
indicated as improved in the county assessor's property classification
files or if a manufactured dwelling is sited on the lot or parcel. [1989
c.769 §3; 1991 c.639 §2; 1993 c.430 §1; 2003 c.685 §§1,6; 2005 c.802 §7]
(1) The obligation of an owner of timberland or grazing land for payment
of assessments and taxes for fire protection of forestland is limited to:
(a) The payment of moneys pursuant to ORS 321.015 (2), 477.277,
477.295, 477.760 (4) and 477.880 to maintain the Oregon Forest Land
Protection Fund; and
(b) The payment of forest protection district assessments pursuant
to ORS 477.205 to 477.281.
(2) As used in this section, "obligation of an owner of timberland
or grazing land for payment of assessments and taxes for fire protection
of forestland" does not include the duties or obligations of the owner
under ORS 477.066, 477.068 or 477.120 or the obligations of an owner of
land included in a rural fire protection district pursuant to ORS
478.010. [1989 c.769 §9; 1991 c.639 §3; 1997 c.206 §2; 1999 c.59 §157;
2003 c.685 §§2,7; 2005 c.802 §8](1) For purposes of making the levy and assessment of costs
against forestland under ORS 477.270, the minimum cost to provide fire
protection or suppression for any lot or parcel of real property
separately assessed for ad valorem taxes or other taxes provided by law
in lieu thereof, on the current assessment roll shall be not less than
$18, except as provided in ORS 477.760. Three dollars of each minimum
assessment shall be paid into the Oregon Forest Land Protection Fund.
Otherwise, such assessments shall be determined under ORS 477.230 and
477.270.
(2) In any fiscal year in which the Emergency Fire Cost Committee
determines pursuant to ORS 477.760 that the unencumbered balance of the
Oregon Forest Land Protection Fund has:
(a) Increased to an amount:
(A) More than $22.5 million but less than or equal to $30 million,
the minimum assessment referred to in subsection (1) of this section
shall be $16.50 for each lot or parcel. Of that amount, $1.50 of each
minimum assessment shall be paid into the Oregon Forest Land Protection
Fund.
(B) More than $30 million, the minimum assessment referred to in
subsection (1) of this section shall be $15 for each lot or parcel. This
amount shall be treated in the same manner as assessments under ORS
477.230 and 477.270.
(b) Decreased to an amount that is at or below $22.5 million, the
minimum assessment referred to in subsection (1) of this section shall be
$18 for each lot or parcel. This amount shall be treated in the same
manner as assessments under subsection (1) of this section.
(3) Upon application to the forester under subsection (4) of this
section, contiguous lots held under identical ownership shall be
considered as one combined lot for purposes of subsection (1) of this
section, except that the combined lot shall not include:
(a) A lot on which a structure has been placed or improvements made
for the purpose of erecting any temporary or permanent structure;
(b) A lot that is in a subdivision containing lots that have been
or are being offered for sale; or
(c) A lot that is not designated forest or agricultural land for
the purpose of land use or special tax assessment purposes.
(4) To qualify under subsection (3) of this section, an owner of
forestland shall make application to the forester no later than April 15
of the fiscal year preceding each fiscal year for which the owner desires
the land to be assessed under subsection (3) of this section. The
application shall be on a form prescribed by the State Forester. A fee of
$25 per combined lot shall be paid to the forester at the time of first
application for the combined lot. An additional fee of $25 per combined
lot shall be paid to the forester at the time of subsequent application,
if an application for the combined lot was not made for the previous
fiscal year.
(5) The State Board of Forestry may adopt rules for the
administration of the provisions of subsections (3) and (4) of this
section.
(6) For the purposes of this section, "lot" and "subdivision" have
the meanings given those terms in ORS 92.010. [1965 c.428 §6; 1969 c.204
§1; 1977 c.153 §1; 1977 c.892 §49; 1981 c.321 §13; 1983 c.108 §1; 1989
c.769 §7; 1991 c.623 §1; 1991 c.639 §4; 1997 c.274 §7; 1999 c.355 §9;
2003 c.685 §§3,8; 2005 c.802 §§9,10](1) Moneys available at any time
in the State Forestry Department Account for the purposes of this
chapter, particularly ORS 477.205 to 477.281, which moneys are not
specifically obligated for other purposes, may be used by the forester
with the approval of the State Board of Forestry for capital outlay
expenditures in any forest protection district. Prior to the making of
such capital outlay expenditures, the forester and board may specify that
the account shall be reimbursed for all or a part of such expenditures,
over a period not to exceed 10 years, from any one or a combination of
the following sources:
(a) Forest patrol assessments of the district involved.
(b) Moneys derived from an association under ORS 477.406.
(c) Moneys derived from municipal, county, state or federal
agencies under this chapter, for the protection of their forestland from
fire.
(2) Any reimbursement of capital outlay expenditures required by
the forester and board under subsection (1) of this section shall be a
pro rata amount from the source or sources involved, based upon
forestland acreage being protected in the district for which the
expenditures are made. [Formerly 477.016]The forester is authorized to enforce the
provisions of ORS 164.805 insofar as such affects forestland within
forest protection districts established under this chapter. [1965 c.428
§2; 1971 c.743 §387]RANGELAND As used in ORS
477.315 to 477.325, "rangeland" means any land:
(1) That is located in that part of the state lying easterly of the
summit of the Cascade Mountains;
(2) That has not been classified as Class 1, Class 2 or Class 3
forestland under ORS 526.305 to 526.370; and
(3) That contains isolated tracts of forestland not so classified
or not within a forest protection district, or that is primarily
rangeland, undeveloped land or undeveloped area containing sagebrush,
juniper and similar growths. [Formerly 477.142; 2003 c.14 §315](1) Owners of
rangeland may request the State Board of Forestry to hold a hearing on
the subject of providing protection from fire for rangeland. Upon receipt
of such request, the board or its authorized representative shall hold
one or more public hearings in order to receive from interested persons
information relating to the providing of such protection, and shall cause
public notice of the time and place of each hearing to be given. The
board or its authorized representatives shall keep the records of the
proceedings of such hearings as public records.
(2) After the hearing referred to in subsection (1) of this
section, the board shall determine whether the rangeland should be
included within a protection system. If the board determines that
rangeland should be included in a rangeland protection system, the board,
in cooperation with interested persons, shall establish the extent and
type of protection to be provided. Such protection shall be commensurate
with the values and uses of the rangeland to be protected.
(3) After proceedings under subsections (1) and (2) of this
section, the forester shall provide the type and extent of protection
determined under subsection (2) of this section for rangeland determined
to be included within a protection system under subsection (2) of this
section. For the purpose of providing such protection, the forester may
enter into cooperative agreements or contracts with the owners of the
rangeland, individuals, associations, corporations, road districts, rural
fire protection districts or agencies of the federal government.
[Formerly 477.144; 1999 c.355 §10](1) Before June 1 each year, the owners of
rangeland to be protected under ORS 477.320 (3) shall prepare in
cooperation with the State Board of Forestry or its authorized
representative, and submit to the board, a proposed budget for the fiscal
year beginning on the next succeeding July 1. The budget shall include
the proposed cost of such protection. At the meeting of the board under
ORS 477.265, the board shall review the budget, make any changes therein
that are proper and consistent with law, and pass final approval thereon.
(2) The cost of protection of rangeland under ORS 477.320 (3) shall
be in accordance with the budget approved under subsection (1) of this
section. The cost shall be collected pursuant to the cooperative
agreement or contract entered into between the forester and the owners of
the rangeland under ORS 477.320 (3). All moneys received by the board
pursuant to this subsection shall be paid into the State Treasury and
credited to the State Forestry Department Account and shall be used
exclusively for the purposes of ORS 477.315 to 477.325. [Formerly
477.146; 1999 c.355 §11]FIRE WARDENS (1) The State Forester shall
appoint one or more district fire wardens for each forest protection
district.
(2) The State Forester shall appoint such additional fire wardens
as are needed to enforce this chapter. [1965 c.253 §86; 1997 c.274 §8] The
district fire warden, under the direction of the State Forester, has
charge of the fire prevention and suppression system in the forest
protection district of the warden and such other duties as are required
by law and the rules of the State Board of Forestry. Any other wardens
serving in the district are subject to the direction of the district fire
warden. [Formerly 477.008; 1999 c.355 §12] (1) Under instructions from
the forester as to their exercise of state authority, all wardens shall:
(a) Take proper steps for the prevention and extinguishment of
fires within the localities in which they exercise their functions.
(b) Control the use of fire for clearing land during fire season,
as provided by ORS 477.505 to 477.520.
(c) Make such reports of their work and conditions within their
localities as may be requested by the forester.
(d) Have the power of peace officers to make arrests or issue
citations pursuant to ORS 477.985 for violation of this chapter or rules
or orders adopted pursuant thereto.
(e) Enter upon the lands of any owner only in the discharge of
their fire prevention and suppression duties, provided that in so
entering they exercise due care to avoid doing damage.
(f) Investigate the causes of fires and may secure a fire origin
area, at any time, for the purpose of preserving evidence and conducting
an investigation pertinent to this chapter and control, restrict or
prohibit access by any unauthorized person so long as is reasonably
necessary in the judgment of the warden.
(g) Make a written determination, on a form prescribed by the State
Forester, of the personnel and equipment reasonably available to an owner
or operator who is required to make every reasonable effort pursuant to
ORS 477.120 (5) and revise such determination as frequently as is
necessary in the judgment of the warden.
(h) Make a written determination, on a form prescribed by the State
Forester, of the use of any power-driven machinery in any operation
pursuant to ORS 477.670 and revise such determination as frequently as is
necessary in the judgment of the warden.
(2) The forester, or any warden coming under the jurisdiction of
the forester, may administer oaths in investigations of violations of
this chapter and the preparation of reports thereon. [Formerly 477.012;
1971 c.743 §388; 1993 c.697 §4; 1997 c.274 §9; 2003 c.14 §316]COOPERATIVE CONTRACTS OR AGREEMENTS(1) The forester and a forest
protective association may enter into a contract or agreement with each
other or, jointly or separately, with a federal or state agency,
political subdivision, corporation, responsible organization or
responsible landowner or group of landowners for the prevention and
suppression of fire on forestland or on land other than forestland, or
both, to prevent and suppress fire.
(2) Contracts and agreements under subsection (1) of this section,
and all renewals and revisions thereof, must be negotiated in accordance
with procedures specified by rules of the State Board of Forestry.
(3) The forester and a forest protective association may enter into
a contract or agreement for the accomplishment of forestry related
activities.
(4) Contracts and agreements between the forester and a forest
protective association under subsections (1) and (2) of this section may
include the purchase from the forester of supplies and equipment needed
to provide and support fire protection services. [1967 c.429 §24 (enacted
in lieu of 477.405); 1969 c.204 §2; 1993 c.415 §1; 1999 c.355 §13] Contracts or
agreements under ORS 477.406 may provide, among other things, for any or
all of the parties to do any one or more of the following:
(1) Exchange services on a cooperative basis.
(2) Provide services, supplies and equipment in return for cash
payment or other compensation.
(3) Loan or lease equipment.
(4) Subcontract obligations. [1967 c.429 §26; 1993 c.415 §2](1)
Unless otherwise provided in a contract or agreement, and except as
provided in subsection (2) of this section:
(a) A party to a contract or agreement under ORS 477.406, who is
performing services for the benefit of another party, is not liable for
injury or damages to persons or property inflicted by the actions of such
other party.
(b) If equipment is loaned or leased pursuant to a contract or
agreement under ORS 477.406, the party to have primary use of the
equipment under the contract or agreement is responsible for any and all
damages or loss to such equipment or for insuring the equipment against
loss or damage in a manner acceptable to the party owning the equipment.
(c) If the services of personnel are involved pursuant to a
contract or agreement under ORS 477.406, the party to have primary
control over such personnel under the contract or agreement shall provide
such unemployment insurance and workers' compensation coverage as may be
required by law.
(2) Nothing in ORS 477.406 to 477.412 or in any contract or
agreement under ORS 477.406 constitutes a waiver by the State of Oregon
of its immunity from suit under section 24, Article IV of the Oregon
Constitution, in addition to any waiver otherwise provided by law. [1967
c.429 §27]All money received by the forester pursuant to a
contract or agreement described in ORS 477.406 shall be paid into the
State Treasury, credited to the State Forestry Department Account and
used pursuant to law for the purposes of the contract or agreement. [1967
c.429 §28] The definitions in
ORS 321.005 apply to ORS 477.440 to 477.460. [1965 c.253 §78; 1967 c.429
§35; 1981 c.321 §8]
(1) The State Board of Forestry shall appoint an Emergency Fire Cost
Committee consisting of four members, who shall be forest landowners or
representatives of forest landowners whose forestland is being assessed
for forest fire protection within a forest protection district. At least
one member shall be selected from each forest region of the state.
Members shall serve at the pleasure of the board.
(2) Members of the Emergency Fire Cost Committee shall be appointed
by the board for four-year terms. Appointments under this subsection
shall be made by the board within 60 days after July 21, 1987. If there
is a vacancy for any cause, the board shall make an appointment to become
immediately effective for the unexpired term. [Formerly 527.280; 1983
c.759 §12; 1987 c.919 §19] The
committee shall supervise and control the distribution of funds from the
Oregon Forest Land Protection Fund established under ORS 477.750.
[Formerly 527.282; 1967 c.429 §6; 1981 c.321 §7] After July 1, 1961, the
committee shall meet and elect one of its members chairperson. The
chairperson shall hold office for a period determined by the committee.
Whenever the office of chairperson of the committee becomes vacant, the
committee at its next regular or special meeting shall elect one of its
members to fill the vacancy. [Formerly 527.288] (1) Regular
meetings of the committee shall be held quarterly prior to the day set
for meetings of the State Board of Forestry, as otherwise provided by
law. Special meetings of the committee may be called by its chairperson
or by three members. The act or decision of any three members shall be
deemed the act or decision of the committee.
(2) A staff member of the State Forestry Department shall be
designated by the State Forester to serve as administrator for the
committee. [Formerly 527.296; 1987 c.919 §21; 1991 c.639 §9] (1) The
administrator shall act as secretary of the committee and shall carry out
the provisions of ORS 477.440 to 477.460 in such manner as the committee
shall direct. The salary and other expenses of the administrator shall be
paid from the Oregon Forest Land Protection Fund as are other expenses of
the committee.
(2) Members of the committee are entitled to compensation and
expenses as provided in ORS 292.495. [Formerly 527.292; 1969 c.314 §51;
1981 c.321 §6; 1987 c.919 §22]FIRE PREVENTION(Fire Seasons) (1)
When conditions of fire hazard exist in a forest protection district or
any part thereof, the State Forester may designate for that district or
any part thereof the date of the beginning of a fire season for that
year. The fire season shall continue for that district or part thereof
until ended by order of the State Forester when conditions of fire hazard
no longer exist in that district or part thereof.
(2) The State Forester may, during the same year and for the same
district under circumstances similar to those described in subsection (1)
of this section, designate one or more subsequent fire seasons. [1965
c.253 §93; 1969 c.204 §3; 1997 c.274 §10] It is unlawful, during
a fire season inside or within one-eighth of one mile of a forest
protection district, to:
(1) Smoke while working in or traveling through any operation area.
(2) Use fuse and caps for blasting unless approval is granted by
the forester. [Formerly 477.165; 1997 c.274 §11](Permits)(1) It is
unlawful to set or cause to be set an open fire inside or within
one-eighth of one mile of a forest protection district, either on one's
own land or on the land of another, without first securing a written
permit for burning from the forester and complying with the conditions of
the permit. In granting permits for burning:
(a) The forester may waive the requirement that permits be secured
prior to burning, except during a fire season or when required under
rules adopted pursuant to subsection (4) of this section.
(b) The forester shall prescribe conditions necessary to be
observed in setting a fire and preventing it from spreading out of
control.
(c) The forester may prescribe conditions necessary to be observed
in maintaining air quality.
(2) Any permit obtained through willful misrepresentation is void.
(3) To avoid confusion or duplication of administration and to
promote government efficiency, the forester may enter into a cooperative
agreement with a county, a city or a rural fire protection district that:
(a) Allows the forester to administer the requirements of this
section, in conjunction with the enforcement authority of ORS 477.980 to
477.993, on lands not otherwise subject to the requirements of this
chapter; or
(b) Allows the cooperating agency to administer the burning permit
requirements of ORS chapter 476 or 478, as appropriate, including
applicable enforcement authority, on lands otherwise subject to the
requirements of this chapter.
(4) All burning allowed under this section shall comply with
applicable rules that may be adopted by the State Board of Forestry and
the Department of Environmental Quality.
(5) The provisions of this section do not apply to campfires. [1965
c.253 §95; 1969 c.204 §204; 1969 c.680 §1; 1971 c.297 §1; 1997 c.274 §12;
1999 c.355 §14] The forester
may refuse, suspend or revoke a permit authorized by or issued under ORS
477.515 (1), when necessary in the judgment of the forester to prevent
danger to life, health, forest resources or property. The forester may
also refuse, suspend or revoke a permit authorized by or issued under ORS
477.515 (1), when necessary in the judgment of the forester, and after
consultation with the Environmental Quality Commission to prevent air
pollution, as defined in ORS 468A.005. [1965 c.253 §96; 1969 c.680 §2;
1997 c.274 §13] None of
the functions of the Environmental Quality Commission under ORS 477.013,
477.515 and 477.520 shall be performed by any regional air quality
authority established pursuant to ORS 468A.105. [1969 c.680 §5; 1997
c.274 §49](Restricted Uses)(1) If the
forester determines that any forestland inside or within one-eighth of
one mile of a forest protection district is particularly exposed to fire
danger, by proclamation the forester may designate such forestland as an
extra fire hazard and may restrict the use of such forestland.
(2) The proclamation shall designate the area to which and the
period during which the restrictions apply, and require that the area be
subject to use only upon the condition that entrants comply with all the
restrictions for the area.
(3) The proclamation shall designate the type of closure as:
(a) Regulated closure;
(b) Permit closure; or
(c) Absolute closure.
(4) For the purpose of consistency and coordination between all
affected agencies in the administration of forestland restrictions, a
plan shall be developed by the forester, in cooperation with federal,
state and local governmental agencies, landowners and organizations
affected by the restrictions. The primary objective of the plan is
uniformity of regulations regardless of land ownership. The plan must
recognize variation in fire danger and must specify levels of closure by
unique but easily recognizable geographic boundaries. [Formerly 477.156;
1967 c.429 §45; 1989 c.615 §3; 1997 c.274 §14](1) The forester shall cause a notice of the closure
proclaimed under ORS 477.535 to be posted in conspicuous locations that
are in or near the designated areas. The forester shall cause a notice of
each proclamation to be published in at least one newspaper published in
each forest protection district containing the designated areas. Each
published notice shall describe the area, type, restrictions and
effective date of closure, and the manner in which permits may be secured
if the area is subject to a permit closure.
(2) The proclamation shall remain in force until the time
designated therein expires or until the forester finds that the
restricted use is no longer requisite and by order suspends or terminates
it. A reinstatement of a closure after a suspension does not require the
notices described in subsection (1) of this section. [Formerly 477.160;
1967 c.429 §46; 1969 c.204 §5; 1997 c.274 §15; 1999 c.355 §15] (1) Regulated closures
require entrants into designated areas to comply with the requirements
set forth in the proclamation under ORS 477.535, which requirements in
the judgment of the forester are necessary to prevent danger to life,
forest resources or property.
(2) Permit closures make the area subject to entry only through
permit issued by the forester. The permit shall contain requirements
which in the judgment of the forester are necessary to prevent danger to
life, forest resources or property. The forester may, during periods of
fire hazard conditions, refuse, suspend, revoke or restrict such permits.
(3) Absolute closures restrict the areas to all forms of use and
shall be designated only during periods of extreme fire hazard conditions
endangering life, forest resources or property. [Formerly 477.158; 1967
c.429 §47; 1969 c.204 §6; 1997 c.274 §16](1) Except as provided in subsection (2) of this section, it
is unlawful to enter any restricted area except in compliance with ORS
477.535 and 477.545, or to violate any of the requirements or
restrictions under such sections.
(2) Nothing in this section applies to an owner's right of entry
upon the land of the owner or prohibits free access to any area by anyone
for the sole purpose of preventing or extinguishing fires. [Formerly
477.162; 1967 c.429 §48](Smoke Management) It is the policy of the State of Oregon:
(1) To improve the management of prescribed burning as a forest
management and protection practice; and
(2) To minimize emissions from prescribed burning consistent with
the air quality objectives of the federal Clean Air Act and the State of
Oregon Clean Air Act Implementation Plan developed by the Department of
Environmental Quality under ORS 468A.035. [1989 c.920 §2] (1) With the advice and
assistance of the advisory committee established under ORS 477.556, and
subject to the review of the State Board of Forestry, the State Forester
shall adopt and implement programs for meeting the objectives set forth
in ORS 477.013 and 477.552 to 477.562. The programs shall include:
(a) Collection, analysis and distribution of information regarding
prescribed burning and other alternative slash management techniques;
(b) Assistance to landowners wanting to evaluate alternative
burning and nonburning slash management strategies and the collection of
data regarding fuel conditions existing before and after slash treatment;
(c) Aerial monitoring of prescribed burning activity;
(d) Distribution of information to the Department of Environmental
Quality on progress toward meeting federal and state air quality
standards; and
(e) Establishment of a system to track forest burning on a
geographically specific basis.
(2) The programs shall be administered by the State Forestry
Department. [1989 c.920 §3; 1997 c.274 §50] (1) An
advisory committee shall be created by the State Forester to advise and
assist the State Forester in carrying out the programs required by ORS
477.013, 477.515 and 477.552 to 477.562. The advisory committee shall
consist of five members as set forth in subsections (2) and (3) of this
section.
(2) The following three members shall be appointed by the State
Forester:
(a) One member representing a nonindustrial forest landowner;
(b) One member representing an industrial forest landowner; and
(c) One member representing the public.
(3) In addition to the members designated in subsection (2) of this
section, representatives of the following federal agencies shall be
invited to serve as 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.
(4) Each member of the advisory committee shall serve for a term of
two years.
(5) Members of the advisory committee are entitled to compensation
as provided in ORS 292.495.
(6) A vacancy for any cause occurring before the expiration of a
term shall be filled for the unexpired term by a person appointed by the
State Forester.
(7) A staff member of the State Forestry Department shall be
designated by the State Forester to serve as secretary for the committee.
[1989 c.920 §4; 1997 c.274 §51] The advisory committee
created under ORS 477.556 shall:
(1) Advise the State Forestry Department in collecting information
about prescribed burning operations;
(2) Advise the State Forestry Department on the collection,
analysis and distribution of information required under ORS 477.554; and
(3) Review and comment on the report required under ORS 477.560.
[1989 c.920 §5](1) The Oregon Forest Smoke Management Account is
established separate and distinct from the General Fund in the State
Treasury.
(2) The following moneys shall be credited to the Oregon Forest
Smoke Management Account:
(a) Nonrefundable registration fees received by the State Forestry
Department for Class 1 forestland under ORS 526.324 to be burned lying
within the restricted area described under ORS 477.013.
(b) Fees received by the State Forester for Class 1 forestland
under ORS 526.324 treated by a prescription burn method under ORS 477.515
(1).
(c) Fees for federal forestland included within the restricted area
under ORS 477.013 to be treated by any prescription burn method subject
to the provisions of the State of Oregon Clean Air Act Implementation
Plan and the federal Clean Air Act received by the State Forester.
(3) The moneys in the Oregon Forest Smoke Management Account are
appropriated continuously for and shall be used by the State Forester
exclusively for the administration of the smoke management program
approved under ORS 477.013 and 477.554. [1989 c.920 §7; 1997 c.274 §52] (1) The State Forestry
Department shall collect a nonrefundable registration fee for forestland
to be burned lying within the restricted area described under ORS
477.013. However, the State Forester, by rule, shall provide an exemption
from payment of the fee for burning of understory materials that occurs
on forestland for which regular, periodic burning of understory materials
is required for forest health.
(2) Any owner of Class 1 forestland under ORS 526.324 and any
agency managing Class 1 forestland under ORS 526.324 lying within the
restricted area as described in the plan required under ORS 477.013 shall
register with the State Forester, in accordance with rules adopted by the
State Forester, the number of acres to be burned prior to December 31 of
the same year.
(3) The State Forester shall establish by rule the amount of fees
to be collected under this section. The fees shall not exceed:
(a) Fifty cents per acre for registration.
(b) $5 per acre for forestland classified as Class 1 under ORS
526.324 that has been treated by any prescription burn method authorized
by the issuance of a permit under ORS 477.515 (1).
(4) Federal lands included within the restricted area under the
provision of the smoke management plan approved under ORS 477.013 shall
also be subject to the fees authorized under subsection (3) of this
section for forestland to be treated by any prescription burn method
subject to the provisions of the State of Oregon Clean Air Act
Implementation Plan and the federal Clean Air Act.
(5) Notwithstanding ORS 291.238, moneys collected under this
section shall be deposited in the Oregon Forest Smoke Management Account
established under ORS 477.560. [1989 c.920 §8; 1991 c.919 §15a; 1997
c.274 §53]SNAGS; SLASHING AND OTHER DEBRIS (1) In an operation
area on forestland inside or within one-eighth of one mile of a forest
protection district:
(a) If power-driven machinery is used at any location to load and
assemble forest products, the operator shall fell all dead trees and
snags of such size and within such distance of the equipment as may be
required by rules promulgated by the State Forester.
(b) On forestland west of the summit of the Cascade Mountains, the
operator shall fell all dead trees and snags within the operation area of
such size, at such times and in such manner as may be required by rules
promulgated by the State Forester.
(2) Rules promulgated under this section shall prescribe such
felling as reasonably is necessary to prevent the spread of fire.
[Formerly 477.217; 1967 c.429 §49; 1997 c.274 §17](1)
Following the issuance of a permit pursuant to ORS 477.625, and after
slashing has been created in an operation area inside or within
one-eighth of one mile of a forest protection district, the forester may
make a determination if such slashing and debris exists on the operation
area in sufficient quantity and arrangement as to constitute an
additional fire hazard that endangers life, forest resources or property,
and if such area is in need of additional work or protection to reduce,
abate or offset the additional fire hazard. Whenever practical, the
forester shall make the determination referred to in this subsection
during the administration and enforcement of the Oregon Forest Practices
Act.
(2) If the forester determines that an additional fire hazard
exists on the operation area sufficient to endanger life, forest
resources or property, and that such area is in need of additional work
or protection to reduce, abate or offset the additional fire hazard, the
forester shall so notify the landowner and operator or their
representatives in writing of such determination. Pursuant to rules
promulgated by the State Forester, the notice to the landowner or
operator shall contain provisions for offsetting the additional fire
hazard by burning, improvements, extra protection or other means. The
notice shall also specify a reasonable time for completion of the
provisions contained therein.
(3) When the forester finds that the provisions set forth in
subsection (2) of this section have been complied with or that the
additional hazard has been, in the opinion of the forester, sufficiently
reduced by other means to offset the hazard, the forester shall
immediately issue to the operator or landowner a release from all
obligations imposed by ORS 477.120 (2)(c).
(4) If the forester determines that an additional fire hazard
exists, the forester shall, at the request of the owner or operator, with
the approval of the owner, grant a release upon payment by the owner or
operator of such sum of money as the forester finds necessary to provide
additional protection or means necessary to reduce or offset the
additional hazard created by such slashing and other debris. In no event
may this sum exceed the lesser of:
(a) $6 for each 1,000 board feet of timber harvested in an
operation;
(b) The forester's estimated cost of reducing or providing other
means to offset the additional hazard; or
(c) $10 for each acre in a stand improvement operation where no
timber is harvested.
(5) Moneys received under subsection (4) of this section shall be
placed in the State Treasury, credited to the State Forestry Department
Account and used exclusively for the purposes of forest protection within
the district.
(6) Any owner of forestland may make written request to the
forester to assume all obligations for the disposal or reduction of any
additional fire hazard determined to exist thereon. If the forester then
determines that the owner can comply with such obligation, the forester
shall immediately issue to all other persons involved a written release
of such obligations.
(7) Any order or determination made by the forester pursuant to
this section is final unless modified or vacated in an appeal to the
State Board of Forestry taken within 30 days after issuance of the order.
[1965 c.253 §121; 1965 c.428 §16; 1967 c.429 §54; 1973 c.46 §5; 1975 c.74
§1; 1979 c.222 §1; 1997 c.274 §18; 2003 c.14 §317]MACHINERY REGULATIONS(Enjoining Violations)
Any person violating any provisions of ORS 477.615 and 477.645 to 477.655
may be enjoined in an appropriate judicial proceeding from the further
use of such equipment until the person complies with these sections.
[Formerly 477.218; 1997 c.274 §19](1) Notwithstanding any other law, the State Forester, in
cooperation with other forest protection associations and agencies, shall
carry on a continuous program for the standardization of equipment used
for the protection of forestland from fire, and may issue rules, with the
approval of the State Board of Forestry, for such standardization where
it is the finding of the forester and board that such standardization is
economically feasible.
(2) The provisions of ORS 476.410 to 476.440 shall not apply to
equipment used for the protection of forestland from fire. [1965 c.76
§§2,3; 1999 c.355 §16](General Regulations) (1) During a
fire season inside or within one-eighth of one mile of a forest
protection district, when, in the judgment of the forester, an operation
is of sufficient size or so planned and operated as to justify additional
protection from fire, the owner or operator, when so directed by the
forester in writing, shall provide, within such time as is specified in
the writing, additional water supply and equipment for use in fire
suppression that is in conformity with rules promulgated by the State
Forester.
(2) All such equipment shall be kept in constant readiness for
instant use in fighting forest fires. However, nothing in this section
prohibits the use of the equipment by the operator for sprinkling roads
or other uses within the operation area.
(3) Rules promulgated under this section shall prescribe such water
supply and equipment as reasonably are necessary to provide immediate and
effective suppression of fires on forestland and may provide for the use
of alternate methods and equipment. [Formerly 477.212; 1967 c.429 §17;
1995 c.605 §2; 1997 c.274 §20](1) Every person conducting an operation
inside or within one-eighth of one mile of a forest protection district
that uses fire in any form or power-driven machinery shall first obtain
from the forester a written permit, which shall require that the holder
of the permit:
(a) Take reasonable precautions that in the judgment of the
forester are necessary in the use of fire and power-driven machinery to
prevent the spread of fire on or from an operation area.
(b) Designate a representative authorized to act on all matters
having to do with fire control, which representatives shall be available
at all times by direct means of communication with the forester.
(c) If operating west of the summit of the Cascade Mountains, close
down any part or all of the operation during any period of time when
notified that, in the judgment of the forester, conditions exist as
described in ORS 477.670.
(2) Routine road maintenance is excepted from the requirement to
obtain a permit to operate power-driven machinery under this section. As
used in this subsection "routine road maintenance" means grading,
cleaning ditches, culvert cleaning, spot rocking or mechanical brushing
along the roadside to maintain visibility.
(3)(a) The forester may waive the requirement to obtain a written
permit under this section when in the judgment of the forester the
operation will not constitute a fire hazard sufficient to justify the
requirement.
(b) Waiver of the requirement to obtain a written permit under this
section does not relieve the owner and operator of the responsibility for
complying with other applicable duties, requirements or penalties of this
chapter. [Formerly 477.286; 1991 c.634 §1; 1997 c.274 §21] (1) Each permit issued under ORS
477.625 shall include:
(a) The legal description of the area upon which any operation is
to be conducted, or an alternate description of the area permitted by the
forester;
(b) The name and address of the operator and owner; and
(c) Any other information considered by the forester to be
necessary for the administration of the rules promulgated under this
chapter.
(2) The information required in subsection (1) of this section
shall be provided by the operator or owner, prior to issuance of the
permit by the forester. [1965 c.253 §108; 1975 c.185 §1; 1997 c.274 §22] The
forester may issue the permits required in ORS 477.625 and suspend or
revoke such permits because of violation of the terms thereof or
noncompliance with this chapter. The forester shall refuse to issue a
permit to any person for the conduct of an operation when, in the
judgment of the forester, an excessive amount of forest debris in and
around the operation area results in an extreme fire hazard that
endangers life, forest resources or property. [Formerly 477.288; 1997
c.274 §23](Fire Season Regulations) During a fire season,
every person using, operating or fueling a saw powered by an internal
combustion engine inside or within one-eighth of one mile of a forest
protection district shall comply with the rules of the State Forester
relating thereto, promulgated for the prevention and suppression of fire.
[Formerly 477.290; 1997 c.274 §24] (1) During a fire
season every person operating an internal combustion engine inside or
within one-eighth of one mile of a forest protection district shall equip
and maintain the engine in conformity with rules promulgated by the State
Forester. These rules shall prescribe such equipment as reasonably is
necessary to prevent the escape of fire from such an engine.
(2) Escape of fire from any engine described in this section is
prima facie evidence that it has not been equipped and maintained
adequately in compliance with rules promulgated under this section.
[Formerly 477.182; 1967 c.429 §18; 1997 c.274 §25] (1)
During a fire season every person operating a stationary internal
combustion engine inside or within one-eighth of one mile of a forest
protection district shall provide at each engine on an operation area a
water supply, and equipment for its use in fire suppression, in
conformity with rules promulgated by the State Forester. These rules
shall prescribe such water supply and equipment as reasonably are
necessary to prevent the spread of fire and may provide for the use of
alternate methods and equipment.
(2) When a person has equipped one engine as required by subsection
(1) of this section, any additional engines operated by the person within
150 feet of the equipped engine shall be exempt from the requirements of
subsection (1) of this section.
(3) For the purposes of this section, an internal combustion engine
shall be considered stationary if it is operated for a period of more
than two days exclusively at one location in an operation area.
(4) The forester in writing may waive any requirement of this
section when an operation will not constitute a fire hazard sufficient to
justify the requirement. [Formerly 477.184; 1967 c.429 §19; 1997 c.274
§26]During a fire season inside or within one-eighth of one
mile of a forest protection district:
(1) Every person conducting an operation shall provide and
maintain, at the operation area or at a location designated by the
forester, fire-fighting tools that are in conformity with rules
promulgated by the State Forester. The tools shall be used only for
fighting fire and for no other purpose.
(2) Each internal combustion engine used in an operation area shall
be equipped with fire-fighting tools and equipment that are in conformity
with rules promulgated by the State Forester.
(3) All trucks driven over roads through forestland, excepting
county roads and state highways, shall be equipped with fire-fighting
tools and equipment that are in conformity with rules promulgated by the
State Forester.
(4) For purposes of this section, the rules promulgated by the
State Forester:
(a) Shall prescribe such type and number of tools and equipment for
extinguishing fires as reasonably are necessary to suppress fires, and
the manner of storing such tools when not in use.
(b) May provide for the use of alternate methods, tools and
equipment.
(5) The tools and equipment prescribed by these rules shall be kept
in constant repair and readiness for instant use. [Formerly 477.186; 1967
c.429 §20; 1997 c.274 §27]During a fire season when in the judgment of the forester any
operation inside or within one-eighth of one mile of a forest protection
district has a fire hazard requiring additional protection, the operator
shall provide such other facilities or services as the forester by
written notice may direct. [Formerly 477.187; 1967 c.429 §21; 1997 c.274
§28] (1) During a fire season
inside or within one-eighth of one mile of a forest protection district,
every operator using power-driven machinery in an operation area shall
provide fire watch service on the operation area. The fire watch service
shall consist of not less than one competent person, who shall be
constantly on duty at times prescribed by rules promulgated by the State
Forester. These rules shall require fire watch service at such times and
at such places as the spread of fire on or from the operation area to
forestland reasonably may be expected.
(2) The forester may modify or waive, in writing, any requirement
of this section as to any operation whenever the fire hazard is not
sufficient to justify the requirement. [Formerly 477.188; 1967 c.429 §22;
1969 c.204 §7; 1997 c.274 §29; 1999 c.59 §158]
During a fire season inside or within one-eighth of one mile of a forest
protection district situated west of the summit of the Cascade Mountains,
if the forestland in such district, or any part thereof, is susceptible
in the judgment of the forester to damage by fire, the forester shall
issue notice to that effect. Thereafter the use of fire in any form by
any person in any operation area or the use of power-driven machinery for
any operation, is unlawful unless approved by the forester. Approval
shall be granted only when in the judgment of the forester the activity
will not constitute a fire hazard sufficient to justify the requirement.
[Formerly 477.282; 1993 c.415 §3; 1997 c.274 §30]MISCELLANEOUS
(1) Every person operating a railroad of any kind in this state inside or
within one-eighth of one mile of a forest protection district shall
annually or more often, if so ordered in writing by the forester, in a
manner and to an extent ordered by the forester, destroy or remove all
flammable growth and flammable material from the right of way of the
railroad. All burning done to comply with this section must be in
accordance with ORS 477.505 to 477.520 and 477.625.
(2) The forester shall allow a reasonable period of time for
compliance with this order. [1965 c.253 §125; 1971 c.562 §1; 1997 c.274
§31]It is unlawful for any person to start a campfire or other
open fire without first clearing the area immediately around and above it
of material that will carry fire, or leave a campfire or other open fire
unattended, or permit a campfire or other open fire to spread. This
section does not apply to any activity conducted in compliance with ORS
477.365, 477.515, 477.625, 478.960, 526.041, 526.360 or 527.670.
[Formerly 477.304; 1967 c.429 §50; 1993 c.430 §2; 1997 c.274 §32](1) It is unlawful, having accidentally set fire to any
forestland, or any place from which fire may be communicated to
forestland, to fail to extinguish the fire or use every possible effort
so to do.
(2) It is unlawful, having built a fire on or near forestland,
through carelessness or neglect to permit the fire to spread to or
through the forestland. [1965 c.253 §130] A person commits the offense of
unlawful use of fire if the person:
(1) In the ignition of a fire:
(a) Unlawfully sets on fire, or causes to be set on fire, any
grass, grain, stubble or other material being or growing on any lands
within the state;
(b) Intentionally or negligently allows fire to escape from the
person's own land, or land of which the person is in possession or
control; or
(c) Accidentally sets any fire on the person's own land or the land
of another and allows it to escape from control without extinguishing it,
or making a bona fide effort to do so.
(2) Having knowledge of a fire burning on the person's own land, or
land of which the person is in possession or control, fails or neglects
to make a bona fide effort to extinguish the same, regardless of whether
or not the person is responsible for the starting or existence thereof.
[1971 c.743 §307; 1993 c.697 §7; 1997 c.274 §33](1) In addition to any other remedy provided by law, the
parent or parents of an unemancipated minor child shall be liable for
costs incurred by the forester in suppressing fires on forestland caused
by such minor child. However, a parent who is not entitled to legal
custody of the minor child at the time of the fire shall not be liable
for such damages.
(2) The legal obligation of the parent or parents of an
unemancipated minor child to pay damages under this section shall be
limited to not more than $5,000 payable to the forester for one or more
acts.
(3) When an action is brought under this section on parental
responsibility for acts of their children, the parents shall be named as
defendants therein and, in addition, the minor child shall be named as a
defendant. The filing of an answer by the parents shall remove any
requirement that a guardian ad litem be required.
(4) Nothing in subsections (1) to (3) of this section applies to:
(a) Foster parents.
(b) Parents who have filed a petition for the unemancipated minor
child under ORS 419B.809. [1995 c.605 §6; 2001 c.622 §52]
The State Forestry Department, the State Parks and Recreation Department,
the State Department of Fish and Wildlife, the Department of State Lands
and any other state agency with oversight responsibilities for state
forestlands shall promote the effective use of state resources by
adopting and implementing policies and management plans to begin efforts
to restore and recover forestlands burned by fire so that social,
economic and environmental values are not lost due to delay. These
agencies shall coordinate, to the extent needed, to promote the efficient
use of state resources in developing their fire restoration and recovery
policies and plans. The Oregon Department of Administrative Services may
assist state agencies under this section in developing contract and other
procedures to expedite restoration and recovery efforts. The Oregon
Department of Administrative Services shall provide appropriate
contracting assistance and exceptions as may be necessary to expedite
restoration and recovery efforts. [2003 c.456 §1]Note: 477.747 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 477 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation.OREGON FOREST LAND PROTECTION FUND (1) The
Oregon Forest Land Protection Fund is created, separate and distinct from
the General Fund. This fund shall be held by the State Treasurer as a
trust fund for the uses and purposes provided in ORS 477.750 to 477.775
and 477.880. The State Treasurer shall deposit and invest moneys in the
fund as provided by law, taking into account its uses and purposes.
Interest earned by the fund shall be credited to the fund.
(2) Notwithstanding any other law and as limited by ORS 477.750 to
477.775 and 477.880, that part of the suspense account created by ORS
321.145 that is derived from the tax levied by ORS 321.015 (2) after
refunds and other costs permitted by law, shall be credited to the Oregon
Forest Land Protection Fund. [1969 c.524 §2; 1983 c.16 §3; 1985 c.759
§33; 1989 c.769 §12; 1989 c.966 §57](1) Notwithstanding ORS 291.238, the moneys
in the Oregon Forest Land Protection Fund are appropriated continuously
to the Emergency Fire Cost Committee and shall be used for equalizing
emergency fire suppression costs for safeguarding forestland in any
forest protection district, and for necessary administrative expenses.
However, such administrative expenses may not exceed the limit authorized
by the Legislative Assembly each biennium.
(2) Notwithstanding any other provision of law, the annual
expenditure from the Oregon Forest Land Protection Fund from revenues
received from ORS 321.015 (2), 477.277 (1), 477.295 (1) and (2), 477.750
(1) and (2), 477.760 (4) and 477.880 (2) may not exceed $15 million.
(3) As used in this section, "annual expenditure" means the
expenses of the Oregon Forest Land Protection Fund obligated in any
12-month period designated by the Emergency Fire Cost Committee by rule
that corresponds to the policy period of any insurance for emergency fire
costs. [1969 c.524 §3; 1989 c.23 §1; 1991 c.639 §5; 2003 c.685 §4; 2005
c.802 §11]Note: The amendments to 477.755 by section 9, chapter 685, Oregon
Laws 2003, and section 12, chapter 802, Oregon Laws 2005, become
operative July 1, 2007. See section 11, chapter 685, Oregon Laws 2003, as
amended by section 17, chapter 802, Oregon Laws 2005. The text that is
operative on and after July 1, 2007, is set forth for the user's
convenience.
477.755. (1) Notwithstanding ORS 291.238, the moneys in the Oregon
Forest Land Protection Fund are appropriated continuously to the
Emergency Fire Cost Committee and shall be used for equalizing emergency
fire suppression costs for safeguarding forestland in any forest
protection district, and for necessary administrative expenses. However,
such administrative expenses may not exceed the limit authorized by the
Legislative Assembly each biennium.
(2) Notwithstanding any other provision of law, the annual
expenditure from the Oregon Forest Land Protection Fund from revenues
received from ORS 321.015 (2), 477.277 (1), 477.295 (1) and (2), 477.750
(1) and (2), 477.760 (4) and 477.880 (2) may not exceed $10 million.
(3) As used in this section, "annual expenditure" means the
expenses of the Oregon Forest Land Protection Fund obligated in any
12-month period designated by the Emergency Fire Cost Committee by rule
that corresponds to the policy period of any insurance for emergency fire
costs.(1) The reserve
base of the Oregon Forest Land Protection Fund is $22.5 million. On or
about the last day of February of each year the Emergency Fire Cost
Committee shall meet and determine the unencumbered balance of the fund
as of the preceding February 16.
(2) In order to maintain the reserve base of the fund at $22.5
million, the Emergency Fire Cost Committee may request and the State
Treasurer may approve transfers to the fund in accordance with ORS
293.205 to 293.225, if the moneys in this fund fall below the reserve
base, whether or not there are sufficient moneys in the fund to pay the
obligations of the fund. Repayment of any such transfers shall be made
from moneys paid into the fund pursuant to ORS 321.015 (2), 477.277 and
477.880 and from such other moneys as may be credited to the fund
therefor.
(3) If the committee determines that the moneys in the fund exceed:
(a) The reserve base, and that no repayment obligations are
outstanding from transfers made pursuant to subsection (2) of this
section, then the Department of Revenue shall reduce the taxes described
in ORS 321.015 (2) by 50 percent for the following calendar year and the
surcharge for each improved lot or parcel described in ORS 477.277 and
the assessments described in ORS 477.880 shall be reduced by 50 percent
for the following fiscal year.
(b) $30 million, and that no repayment obligations are outstanding
from transfers made pursuant to subsection (2) of this section, then the
Department of Revenue may not collect the taxes described in ORS 321.015
(2) for the following calendar year and the surcharge for each improved
lot or parcel described in ORS 477.277 and the assessments described in
ORS 477.880 may not be collected until the calendar year or fiscal year
following the determination of the committee that the unencumbered
balance in the fund is less than or equal to $22.5 million.
(4)(a) Notwithstanding any other provision of law, if the funds
referred to in subsection (2) of this section are inadequate to cover
repayment of transfers from the State Treasurer or from other sources,
the State Forester shall increase the following taxes, assessments and
charges in an amount adequate to ensure repayment of the transfers, and
any interest accrued thereon, allowing for contingencies in valuation,
assessment and collection:
(A) The harvest tax referred to in ORS 321.015 (2).
(B) The surcharge on developed lots referred to in ORS 477.277.
(C) The minimum assessment referred to in ORS 477.295.
(D) The acreage assessments referred to in ORS 477.880 (2).
(b) The increases to taxes, assessments and charges shall be
apportioned based upon the proportionate levels of revenues received from
each source by the Oregon Forest Land Protection Fund. Any such increases
shall be computed on or before January 1 of each year, and shall be based
upon revenues received during the previous four quarters. Any such
increases shall be made in the appropriate calendar or fiscal year
following that in which the requested transfers from the State Treasurer
or from other sources are made. [1969 c.524 §4; 1985 c.158 §1; 1985 c.759
§34; 1989 c.769 §4; 1991 c.639 §6; 1993 c.653 §21; 2003 c.685 §§5,10;
2005 c.802 §§13,14] The Emergency Fire Cost
Committee shall promulgate rules relating to the disposition of moneys
from the Oregon Forest Land Protection Fund. Under such rules the
committee may require that prior to the payment of moneys from the fund
the forest protection district expend an amount for fire suppression not
to exceed a per acre amount determined to be 10 percent of the total
budgeted amount of all districts as set forth in ORS 477.220 to 477.415
divided by the total protected acres of all districts. However, any such
amount per acre shall apply uniformly to each forest protection district.
[1969 c.524 §6; 1977 c.182 §3; 1981 c.321 §5](1) Prior to February 1 of each year, the
Emergency Fire Cost Committee and the forester shall consult regarding
the purchase of emergency fire suppression costs insurance and the level
of coverage to purchase for the fire season of that year.
(2) In determining whether the purchase of insurance is advisable,
the forester and the committee shall consider:
(a) The cost, coverage and deductible of insurance available from
private insurance carriers;
(b) The funding available for fire suppression from the Oregon
Forest Land Protection Fund and other sources;
(c) The current condition of forests;
(d) Long-term weather predictions;
(e) Available fire fighting resources; and
(f) Available funds for the purchase of insurance.
(3) If the committee and the forester agree to purchase insurance,
the forester shall purchase insurance through the Oregon Department of
Administrative Services to cover any lawful expense incurred by the State
Forestry Department, or contractors or cooperators, that is payable by
the Oregon Forest Land Protection Fund. The insurance may be obtained
through negotiation or competitive bids, whichever is in the best
interest of the state, its contractors and cooperators.
(4) The Oregon Forest Land Protection Fund may not be charged for
payment of more than one-half of any premium for the insurance. [1969
c.524 §10; 1985 c.158 §2; 1989 c.91 §1; 1989 c.769 §11; 1991 c.639 §7;
2005 c.802 §15](1) As part of the preparation of the
budget forms submitted to the Oregon Department of Administrative
Services pursuant to ORS 291.208 for the State Forestry Department, the
State Forester shall prepare, in addition to any amounts budgeted for
forest protection districts pursuant to ORS 477.205 to 477.281, a budget
request for a General Fund appropriation that may be used for any or all
of the following:
(a) Providing funds for the purchase of insurance under ORS 477.775.
(b) Placement of centrally managed fire suppression resources for
statewide use.
(c) Acquisition of fast-mobilizing, short-term contingency
resources to be used based on predictions of unusually severe fire
weather, widespread lightning events or serious resource shortage due to
a heavy fire season.
(d) Enhancement of forest protection district resources in limited
cases where land productivity or other economic factors seriously limit
the protection district's ability to provide adequate funding to meet
performance standards.
(2) The State Forester shall utilize critical discretion in the
expenditure of the funds provided to the State Forestry Department
pursuant to the separate budget request required under subsection (1) of
this section.
(3) The State Forester shall report to the Emergency Board, each
year, after the close of the fire season, on:
(a) The nature and severity of the fire season;
(b) The moneys expended on fire suppression;
(c) The rationale for the expenditures; and
(d) The balance remaining from the biennial appropriation. [2005
c.802 §2]ASSESSMENT FOR FIRE SUPPRESSION COSTS
(1) An assessment for the
cost of fire protection and suppression is levied upon the owners of all
forestland that has been classified under ORS 526.305 to 526.370 and that
is protected from the start or spread of fire thereon or therefrom by:
(a) The forester under ORS 477.210 (4), with the approval of the
State Board of Forestry;
(b) The United States of America through contract or agreement with
the forester or board;
(c) Any forest protective agency under contract or agreement with
the forester or board pursuant to ORS 477.406; or
(d) Any forest protective agency, described in paragraph (c) of
this subsection, under a contract or agreement with the United States of
America wherein such agency agrees to protect specific federal
forestlands, and in return, the United States of America agrees to
protect specific lands of such agency.
(2) Except as otherwise provided in ORS 477.760, for each fiscal
year the assessment levied per acre of ownership of forestland designated
in subsection (1) of this section shall be:
(a) Six cents for all forestlands east of the summit of the Cascade
Mountains and all forestlands which have been classified Class 3,
agricultural class, under ORS 526.305 to 526.370; or
(b) Four cents for all forestlands not described in paragraph (a)
of this subsection. [1969 c.524 §§7,8; 1981 c.321 §3; 1985 c.759 §35;
1989 c.769 §5; 1991 c.639 §8; 2003 c.14 §318] (1) Insofar as applicable, the
assessment levied under ORS 477.880 shall be due and payable to the
forester in like manner and procedure, including penalties and interest,
as set forth for the collection of the protection costs provided in ORS
477.270. Wherever applicable, the assessment levied under ORS 477.880
shall be combined with the budgeted cost certified to the county under
ORS 477.270 as one amount for each account listed so that the officer in
charge of the roll can extend the amounts on the assessment roll in a
separate column in a single figure.
(2) The minimum assessment set forth in ORS 477.295 shall be
applied to the combined amount described in subsection (1) of this
section. [1959 c.320 §5; 1961 c.689 §8; 1965 c.312 §4; 1967 c.179 §1;
1967 c.429 §43; 1985 c.759 §36; 1991 c.459 §417] The receipts from the assessment
levied by ORS 477.880 shall be paid into the Oregon Forest Land
Protection Fund. [1959 c.320 §6; 1961 c.689 §9; 1967 c.429 §44; 1985
c.759 §37]PENALTIES The State
Board of Forestry, by rule, shall establish the enforcement policy for
violations prescribed in ORS 477.993. In determining the enforcement
policy, the board may consider the following factors:
(1) Prior violation of the same or similar statutes, rules or
orders.
(2) The gravity and magnitude of the violation.
(3) Whether the violations were repeated or continuous.
(4) Whether the cause of the violation was an unavoidable accident
or a willful, malicious or negligent act.
(5) Whether the violation directly threatened human life or caused
property damage of $10,000 or more. [1993 c.697 §2; 1999 c.1051 §101] (1)
In addition to any other persons permitted to enforce violations, the
State Forestry Department and the State Forester, or any employee
specifically designated by the department or by the State Forester, may
issue citations for violations established under ORS 477.993 in the
manner provided by ORS chapter 153.
(2) All fines and court costs recovered from violations established
under ORS 477.993 shall be paid to the clerk of the court involved. Such
moneys shall be credited and distributed under ORS 137.290 and 137.295 as
monetary obligations payable to the state. [1993 c.697 §3; 1999 c.1051
§102] (1) Violation of any of the provisions of ORS
477.510, 477.515, 477.535 to 477.550, 477.565, 477.615, 477.625, 477.635
to 477.670, 477.695, 477.710, 477.720 or 477.740, or any rule or order
adopted pursuant thereto, is a violation punishable as follows:
(a) For the first offense, as a Class D violation.
(b) For the second offense, as a Class C violation.
(c) For the third offense, as a Class A violation.
(2) Multiple violations of any single requirement of this chapter,
or of any rule or order adopted pursuant thereto, in an operation area
shall be considered a single violation. However, each day a violation
continues shall be considered a separate violation.
(3) Notwithstanding subsection (1) of this section, violations of
any of the statutes listed in subsection (1) of this section which
proximately cause human injury, loss of human life or property damage of
$10,000 or more, and unauthorized entry into a fire scene secured under
the authority of ORS 477.365 (1)(f), may be punishable as a Class A
misdemeanor.
(4) Violations and punishments set forth in this section and ORS
477.740 are in addition to and not in lieu of the provisions of ORS
164.305 to 164.335. [Subsections (1) and (2) of 1963 Replacement Part and
subsections (1) to (3) enacted as 1959 c.363 §15 (in lieu of 477.990);
subsection (6) of 1963 Replacement Part enacted as 1959 c.408 §6;
subsection (7) of 1963 Replacement Part enacted as 1959 c.320 §8;
subsection (8) of 1963 Replacement Part enacted as 1961 c.689 §11;
subsection (5) enacted as 1961 c.603 §15; 1965 c.253 §136; 1971 c.562 §2;
1971 c.743 §390; 1993 c.697 §8; 1995 c.605 §4; 1997 c.274 §34; 1999
c.1051 §103]
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