USA Statutes : oregon
Title : TITLE 44 FORESTRY AND FOREST PRODUCTS
Chapter : Chapter 527 Insect and Disease Control; Forest Practices
(1) No person shall willfully and unlawfully:

(a) Bore or cut any forest tree belonging to another for the
purpose of extracting pitch;

(b) Cut, injure or deface any such tree for the purpose of taking
any part of it; or

(c) Injure or destroy any such tree.

(2) The State Forester, with the consent of the owner of the land,
shall issue permits for the extraction of pitch from forest trees. The
terms of the permits shall clearly describe the area to which the
extraction shall be confined and state the precautions necessary, in the
judgment of the State Forester, to be taken by the permittee, so that the
extraction will not result in an increased fire hazard to life and
adjoining property.

(3) No person shall:

(a) Bore or cut any forest tree for the purpose of extracting pitch
without having first obtained a permit to do so; or

(b) Willfully or negligently fail to comply with the terms of the
permit. [Amended by 1995 c.79 §299]


As used in and for
the purposes of ORS 527.310 to 527.370:

(1) “Control” means reduction of resource losses or pest
occurrences to an acceptable level by direct and immediate application of
effective prevention, suppression or eradication strategies, or any
combination thereof.

(2) “Eradication” means the implementation of strategies through
host or pest destruction or removal, or by the use of pesticides, to
contain or completely eliminate exotic pests in a specific area, or both.

(3) “Exotic” means any pest that has been accidentally or
deliberately introduced into an area where it does not naturally occur.

(4) “Forestland” means any nonfederal land which has enough timber
or forest growths, standing or down, to constitute, in the judgment of
the State Board of Forestry, forest pests of a nature to be harmful,
detrimental and injurious to the management objectives for the site.

(5) “Integrated pest management” means a coordinated
decision-making process that utilizes the most appropriate of all
reasonably available means, tactics or strategies blended together to
minimize the impact of forest pests in an environmentally and
economically sound manner to meet site specific management objectives.

(6) “Native” means any pest that is indigenous or naturally
occurring in a particular area.

(7) “Owner” means any person owning nonfederal forestlands or
timber as shown on the latest records of the tax collector of the county
in which the forestlands or timber is situated. Where timber is owned
entirely separate and apart from the land whereon it grows or is
situated, “owner” means any person owning such timber as shown on the
latest records of the tax collector of the county in which the timber is
situated.

(8) “Pest” means any forest insect or disease which causes or may
cause damage that prevents or interferes with management objectives in a
specific area.

(9) “Pesticide” has the meaning given that term in ORS 634.006.

(10) “Prevention” means the implementation of strategies designed
to minimize the impact of a pest before an outbreak occurs, including but
not limited to, release or enhancement of natural enemies and
silvicultural activities to increase tree vigor or otherwise reduce tree
susceptibility to pest damage. “Prevention” requires the incorporation of
integrated pest management into overall forest resource management in
order to create ecological conditions unfavorable for the reproduction or
survival of pest organisms.

(11) “Strategies” may include, but are not limited to, physical and
biological methods and application of pesticides.

(12) “Suppression” means the implementation of intervention
strategies designed to reduce native pest populations to acceptable
levels necessary to meet forest resource management objectives in a
specified area. [Amended by 1967 c.87 §1; 1991 c.686 §1] The integrated pest management process
shall consist of:

(1) Defining the management unit or area of concern.

(2) Defining site specific management objectives that are
compatible with the ecosystem of concern and that are achievable within
the economic, logistical and regulatory constraints that apply.

(3) Establishing or maintaining routine detection and monitoring
systems of major pests and their damage through ground and aerial surveys.

(4) Evaluating forest and pest conditions on specified site.

(5) Establishing pest population thresholds or acceptable levels of
damage, or both, but not taking action until those levels are exceeded or
where historical documentation has verified a reoccurring problem.

(6) Developing and evaluating potential strategies.

(7) Considering the following in selecting a strategy:

(a) Effectiveness;

(b) Operational feasibility;

(c) Cost-effectiveness;

(d) Ecological soundness;

(e) Environmental impact; and

(f) Site specific resource management objectives.

(8) Implementing the strategy selected.

(9) Timing actions for maximum effectiveness by monitoring pest,
host development and weather.

(10) Monitoring and evaluating results of activities and strategies.

(11) Keeping current, accurate records.

(12) Structuring the program so that it can be adjusted to meet
changes or varying situations. [1991 c.686 §3] The State
Forester shall implement the integrated pest management process as
provided in ORS 527.315 on department-managed lands and encourage the
process on other nonfederal lands by setting examples on department lands
and through training workshops, demonstration areas and on-site technical
advice. [1991 c.686 §4]


(1) The State Forester shall conduct surveys
and evaluations on nonfederal forestlands to determine the presence,
extent, trend and impact of native and exotic pests, as well as overall
forest health monitoring. In so doing, the forester or representatives of
the forester may go upon privately owned lands with permission of the
respective owners thereof, and should any owner withhold such permission
and the forester believes an emergency exists, the forester may petition
that circuit court of this state having jurisdiction over the lands
involved for a warrant authorizing the forester or representatives of the
forester to go upon such lands. Upon petition being made the court shall
forthwith summarily determine whether or not such emergency exists, and
if determining such emergency exists, immediately issue a warrant
authorizing the forester or representatives of the forester to go upon
such lands for the purposes of this section.

(2) The State Forester may cooperate with the United States or
agencies thereof, other agencies of the state, county or municipal
governments, agencies of other states or other public or private
organizations or individuals and may accept such funds, equipment,
supplies or services from cooperators and others as it may deem
appropriate for the purposes of subsections (1) and (4) of this section.

(3) The State Forester is authorized to enter into contracts for
selected services or accept moneys from private and public sources for
the purposes stated in subsections (1) and (4) of this section; provided,
however, that such moneys shall be placed in the State Forestry
Department Account and shall be continuously appropriated for such
purposes.

(4) The State Forester shall also provide on-site technical advice
regarding insect and disease management to nonfederal land owners who
request such services. [1961 c.212 §1; 1991 c.686 §7]


Every owner of forestlands or timber
shall implement prevention and suppression strategies to meet their own
forest resource management objectives. [1991 c.686 §5](1) Whenever the State Forester determines, using criteria
approved by the State Board of Forestry, that owners are unable to take
action against a pest that is threatening Oregon’s economic, social and
environmental well-being, the State Forester shall, using funds
appropriated by the Legislative Assembly, declare a control district and
implement the appropriate strategy.

(2) The State Forester shall, within 15 days after receiving state
funds, notify in writing all owners of forestlands within the control
district of the declared control project. The notice shall be served by
return receipt mail addressed to the last-known address of the owner. In
addition, there shall be published an article describing the nature of
the control district, including a legal description of the area and
vicinity map, at least once a week for two consecutive weeks in a
newspaper having a general circulation in the area in which the control
district is situated. Other methods of notification may be used in the
future as new technology becomes available. [1991 c.686 §6]


Upon completion of any
work authorized and performed under the provisions of ORS 527.346, the
State Forester shall prepare a certified statement of the expenses
necessarily incurred in performing the work. The state shall assist in
the payment of control costs from funds available for that purpose. The
balance of the expenses, after deducting the sum of such amounts as may
be contributed by the state, the federal government or any other agencies
or persons to defray control costs, shall constitute a charge against the
forestlands or timber involved and shall be collected in the same manner
as forest patrol assessments under the provisions of ORS chapter 477.
[Amended by 1967 c.87 §4; 1991 c.686 §8] All moneys collected under ORS
527.335 and 527.346, together with such moneys as have been and may be
appropriated by the legislature for the purposes of ORS 527.310 to
527.370, and with such moneys as may be contributed by the federal
government or any agencies or persons, shall be placed into the State
Forestry Department Account. [Amended by 1953 c.15 §3; 1955 c.116 §2;
1957 c.83 §11; 1967 c.34 §5; 1991 c.686 §9]


As used in ORS
527.610 to 527.770, 527.990 and 527.992:

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

(2) “Cumulative effects” means the impact on the environment which
results from the incremental impact of the forest practice when added to
other past, present and reasonably foreseeable future forest practices
regardless of what governmental agency or person undertakes such other
actions.

(3) “DBH” means the diameter at breast height which is measured as
the width of a standing tree at four and one-half feet above the ground,
on the uphill side.

(4) “Edge of the roadway” means:

(a) For interstate highways, the fence.

(b) For all other state highways, the outermost edge of pavement,
or if unpaved, the edge of the shoulder.

(5) “Forest practice” means any operation conducted on or
pertaining to forestland, including but not limited to:

(a) Reforestation of forestland;

(b) Road construction and maintenance;

(c) Harvesting of forest tree species;

(d) Application of chemicals; and

(e) Disposal of slash.

(6) “Forest tree species” means any tree species capable of
producing logs, fiber or other wood materials suitable for the production
of lumber, sheeting, pulp, firewood or other commercial forest products
except trees grown to be Christmas trees as defined in ORS 571.505 on
land used solely for the production of Christmas trees.

(7) “Forestland” means land that is used for the growing and
harvesting of forest tree species, regardless of how the land is zoned or
taxed or how any state or local statutes, ordinances, rules or
regulations are applied.

(8) “Harvest type 1” means an operation that requires reforestation
but does not require wildlife leave trees. A harvest type 1 is an
operation that leaves a combined stocking level of free to grow
seedlings, saplings, poles and larger trees that is less than the
stocking level established by rule of the board that represents adequate
utilization of the productivity of the site.

(9) “Harvest type 2” means an operation that requires wildlife
leave trees but does not require reforestation. A harvest type 2 does not
require reforestation because it has an adequate combined stocking of
free to grow seedlings, saplings, poles and larger trees, but leaves:

(a) On Cubic Foot Site Class I, II or III, fewer than 50 11-inch
DBH trees or less than an equivalent basal area in larger trees, per acre;

(b) On Cubic Foot Site Class IV or V, fewer than 30 11-inch DBH
trees or less than an equivalent basal area in larger trees, per acre; or

(c) On Cubic Foot Site Class VI, fewer than 15 11-inch DBH trees or
less than an equivalent basal area in larger trees, per acre.

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

(11) “Landowner” means any individual, combination of individuals,
partnership, corporation or association of whatever nature that holds an
ownership interest in forestland, including the state and any political
subdivision thereof.

(12) “Operation” means any commercial activity relating to the
establishment, management or harvest of forest tree species except as
provided by the following:

(a) The establishment, management or harvest of Christmas trees, as
defined in ORS 571.505, on land used solely for the production of
Christmas trees.

(b) The establishment, management or harvest of hardwood timber,
including but not limited to hybrid cottonwood, that is:

(A) Grown on land that has been prepared by intensive cultivation
methods and that is cleared of competing vegetation for at least three
years after tree planting;

(B) Of a species marketable as fiber for inclusion in the furnish
for manufacturing paper products;

(C) Harvested on a rotation cycle that is 12 or fewer years after
planting; and

(D) Subject to intensive agricultural practices such as
fertilization, cultivation, irrigation, insect control and disease
control.

(c) The establishment, management or harvest of trees actively
farmed or cultured for the production of agricultural tree crops,
including nuts, fruits, seeds and nursery stock.

(d) The establishment, management or harvest of ornamental, street
or park trees within an urbanized area, as that term is defined in ORS
221.010.

(e) The management or harvest of juniper species conducted in a
unit of less than 120 contiguous acres within a single ownership.

(f) The establishment or management of trees intended to mitigate
the effects of agricultural practices on the environment or fish and
wildlife resources, such as trees that are established or managed for
windbreaks, riparian filters or shade strips immediately adjacent to
actively farmed lands.

(g) The development of an approved land use change after timber
harvest activities have been completed and land use conversion activities
have commenced.

(13) “Operator” means any person, including a landowner or timber
owner, who conducts an operation.

(14) “Single ownership” means ownership by an individual,
partnership, corporation, limited liability company, trust, holding
company or other business entity, including the state or any political
subdivision thereof. Single ownership includes ownership held under
different names or titles where the same individual or individuals, or
their heirs or assigns, are shareholders (other than those of public
corporations whose stock is traded on the open market), partners,
business trustees or officers, or otherwise have an interest in or are
associated with each property.

(15) “State Forester” means the State Forester or the duly
authorized representative of the State Forester.

(16) “Suitable hardwood seedlings” means any hardwood seedling that
will eventually yield logs or fiber, or both, sufficient in size and
quality for the production of lumber, plywood, pulp or other forest
products.

(17) “Timber owner” means any individual, combination of
individuals, partnership, corporation or association of whatever nature,
other than a landowner, that holds an ownership interest in any forest
tree species on forestland.

(18) “Visually sensitive corridor” means forestland extending
outward 150 feet, measured on the slope, from the outermost edge of the
roadway of a scenic highway referred to in ORS 527.755, along both sides
for the full length of the highway.

(19) “Wildlife leave trees” means trees or snags required to be
retained as described in ORS 527.676 (1).

(20) “Written plan” means a document prepared by an operator,
timber owner or landowner that describes how the operation is planned to
be conducted. [1971 c.316 §3; 1987 c.919 §9; 1991 c.547 §1; 1991 c.634
§3; 1991 c.919 §1; 1995 s.s. c.3 §39; 1996 c.9 §2; 1999 c.59 §166; 2001
c.451 §1; 2003 c.740 §2] (1) Forests make a vital contribution to
Oregon by providing jobs, products, tax base and other social and
economic benefits, by helping to maintain forest tree species, soil, air
and water resources and by providing a habitat for wildlife and aquatic
life. Therefore, it is declared to be the public policy of the State of
Oregon to encourage economically efficient forest practices that ensure
the continuous growing and harvesting of forest tree species and the
maintenance of forestland for such purposes as the leading use on
privately owned land, consistent with sound management of soil, air,
water, fish and wildlife resources and scenic resources within visually
sensitive corridors as provided in ORS 527.755 and to ensure the
continuous benefits of those resources for future generations of
Oregonians.

(2) It is recognized that operations on forestland are already
subject to other laws and to regulations of other agencies which deal
primarily with consequences of such operations rather than the manner in
which operations are conducted. It is further recognized that it is
essential to avoid uncertainty and confusion in enforcement and
implementation of such laws and regulations and in planning and carrying
out operations on forestlands.

(3) To encourage forest practices implementing the policy of ORS
527.610 to 527.770 and 527.990 and 527.992, it is declared to be in the
public interest to vest in the State Board of Forestry exclusive
authority to develop and enforce statewide and regional rules pursuant to
ORS 527.710 and to coordinate with other state agencies and local
governments which are concerned with the forest environment.

(4) The board may adopt and enforce rules addressing scenic
considerations only in accordance with ORS 527.755.

(5) The board shall adopt and enforce forest practice rules to
reduce the risk of serious bodily injury or death from a rapidly moving
landslide only in accordance with ORS 527.710 (10). As used in this
subsection, “rapidly moving landslide” has the meaning given in ORS
195.250.

(6) The State of Oregon should provide a stable regulatory
environment to encourage investment in private forestlands. [1971 c.316
§4; 1987 c.919 §10; 1991 c.634 §4; 1991 c. 919 §10; 1995 s.s. c.3 §39L;
1996 c.9 §14; 1999 c.1103 §11; 2003 c.740 §9] The State Board of Forestry shall establish
a number of forest regions, but not less than three, necessary to achieve
the purposes described in ORS 527.630. [1971 c.316 §6](1) The State Board of Forestry shall establish a
forest practice committee for each forest region established pursuant to
ORS 527.640. Each such committee shall consist of nine members, a
majority of whom must reside in the region. Members of each committee
shall be qualified by education or experience in natural resource
management and not less than two-thirds of the members of each committee
shall be private landowners, private timber owners or authorized
representatives of such landowners or timber owners who regularly engage
in operations.

(2) Members of forest practice committees shall be appointed by the
board for three-year terms. If there is a vacancy for any cause, the
board shall make an appointment to become immediately effective for the
unexpired term. Each such committee shall select a chairperson from among
its members. A staff member of the State Forestry Department shall be
designated by the State Forester to serve as the secretary, without
voting power, for each such committee. [1971 c.316 §7; 2005 c.22 §377] Each forest practice committee
shall review proposed forest practice rules in order to assist the State
Board of Forestry in developing rules appropriate to the forest
conditions within its region. Committee recommendations are advisory only
and the committees need not be consulted prior to the adoption of any
forest practice rule. [1971 c.316 §8; 1987 c.919 §11]


(1) In any
transaction for the conveyance of an ownership interest in forestland,
the transferor must provide to the transferee, prior to the date of
execution of the conveyance, written notice of any reforestation
requirements imposed upon the land pursuant to the Oregon Forest
Practices Act.

(2) The failure of the transferor to comply with subsection (1) of
this section does not invalidate an instrument of conveyance executed in
the transaction. However, for any such failure the transferee may bring
against the transferor an appropriate action to recover the costs of
complying with the reforestation requirements. The court may award
reasonable attorney fees to the prevailing party in an action brought
under the provisions of this section. [1983 c.759 §4; 1995 c.618 §79](1) The State Board of
Forestry shall designate the types of operations for which notice shall
be required under this section.

(2) The board shall determine by rule what types of operations
require a written plan.

(3) The board’s determination under subsection (2) of this section
shall require a written plan for operations:

(a) Within one hundred feet of a stream determined by the State
Forester to be used by fish or for domestic use, unless the board, by
rule, provides that a written plan is not required because the proposed
operation will be conducted according to a general vegetation retention
prescription described in administrative rule; or

(b) Within three hundred feet of a resource site inventoried
pursuant to ORS 527.710 (3)(a).

(4) The distances set forth in subsection (3)(a) and (b) of this
section are solely for the purpose of defining an area within which a
hearing may be requested under ORS 527.700 and not the area to be
protected by the board’s rules adopted pursuant to ORS 527.710 (3)(c).

(5) For the purpose of determining the distances set forth in
subsection (3)(a) and (b) of this section “site” means the specific
resource site and not any additional buffer area.

(6) An operator, timber owner or landowner, before commencing an
operation, shall notify the State Forester. The notification shall be on
forms provided by the State Forester and shall include the name and
address of the operator, timber owner and landowner, the legal
description of the operating area, and any other information considered
by the State Forester to be necessary for the administration of the rules
promulgated by the board pursuant to ORS 527.710. Promptly upon receipt
of such notice, the State Forester shall send a copy of the notice to
whichever of the operator, timber owner or landowner did not submit the
notification. The State Forester shall send a copy of notices involving
chemical applications to persons within 10 miles of the chemical
application who hold downstream surface water rights pursuant to ORS
chapter 537, if such a person has requested that notification in writing.
The board shall adopt rules specifying the information to be contained in
the notice. All information filed with the State Forester pertaining to
chemical applications shall be public record.

(7) An operator, timber owner or landowner, whichever filed the
original notification, shall notify the State Forester of any subsequent
change in the information contained in the notification.

(8) Within three working days of receipt of a notice or a written
plan filed under subsection (6) or (7) of this section, the State
Forester shall send a copy of the notice or written plan to any person
who requested of the State Forester in writing that the person be sent
copies of notice and written plan and who has paid any applicable fee
established by the State Forester for such service. The State Forester
may establish a fee for sending copies of notices and written plans under
this subsection not to exceed the actual and reasonable costs. In
addition, the State Forester shall send a copy of the notification to the
Department of Revenue and the county assessor for the county in which the
operation is located, at times and in a manner determined through written
cooperative agreement by the parties involved.

(9) Persons may submit written comments pertaining to the operation
to the State Forester within 14 calendar days of the date the notice or
written plan was filed with the State Forester under subsection (2), (6)
or (7) of this section. Notwithstanding the provisions of this
subsection, the State Forester may waive any waiting period for
operations not requiring a written plan under subsection (3) of this
section, except those operations involving aerial application of
chemicals.

(10) If an operator, timber owner or landowner is required to
submit a written plan of operations to the State Forester under
subsection (3) of this section:

(a) The State Forester shall review a written plan and may provide
comments to the person who submitted the written plan;

(b) The State Forester may not provide any comments concerning the
written plan earlier than 14 calendar days following the date that the
written plan was filed with the State Forester nor later than 21 calendar
days following the date that the written plan was filed; and

(c) Provided that notice has been provided as required by
subsection (6) of this section, the operation may commence on the date
that the State Forester provides comments or, if no comments are provided
within the time period established in paragraph (b) of this subsection,
at any time after 21 calendar days following the date that the written
plan was filed.

(11)(a) Comments provided by the State Forester, or by the board
under ORS 527.700 (6), to the person who submitted the written plan are
for the sole purpose of providing advice to the operator, timber owner or
landowner regarding whether the operation described in the written plan
is likely to comply with ORS 527.610 to 527.770 and rules adopted
thereunder. Comments provided by the State Forester or the board do not
constitute an approval of the written plan or operation.

(b) If the State Forester or the board does not comment on a
written plan, the failure to comment does not mean that an operation
carried out in conformance with the written plan complies with ORS
527.610 to 527.770 or rules adopted thereunder nor does the failure to
comment constitute a rejection of the written plan or operation.

(c) In the event that the State Forester or board determines that
an enforcement action may be appropriate concerning the compliance of a
particular operation with ORS 527.610 to 527.770 or rules adopted
thereunder, the State Forester or board shall consider, but are not bound
by, comments that the State Forester provided under this section or
comments that the board provided under ORS 527.700.

(12) When the operation is required to have a written plan under
subsection (3) of this section and comments have been timely filed under
subsection (9) of this section pertaining to the operation requiring a
written plan, the State Forester shall:

(a) Send a copy of the State Forester’s review and comments, if
any, to persons who submitted timely written comments under subsection
(9) of this section pertaining to the operation; and

(b) Send to the operator, timber owner and landowner a copy of all
timely comments submitted under subsection (9) of this section. [1971
c.316 §9; 1987 c.919 §12; 1991 c.634 §5; 1991 c.919 §11; 1995 s.s. c.3
§39a; 1996 c.9 §3; 1997 c.413 §1; 2003 c.539 §39; 2003 c.740 §3] The
State Board of Forestry may not adopt or enforce a rule under ORS 527.610
to 527.770 that requires that the board or the State Forester approve
written plans as a required precedent to conducting a forest practice or
operation. [2003 c.740 §13](1) In order to contribute
to the overall maintenance of wildlife, nutrient cycling, moisture
retention and other resource benefits of retained wood, when a harvest
type 2 unit exceeding 25 acres or harvest type 3 unit exceeding 25 acres
occurs the operator shall leave on average, per acre harvested, at least:

(a) Two snags or two green trees at least 30 feet in height and 11
inches DBH or larger, at least 50 percent of which are conifers; and

(b) Two downed logs or downed trees, at least 50 percent of which
are conifers, that each comprise at least 10 cubic feet gross volume and
are no less than six feet long. One downed conifer or suitable hardwood
log of at least 20 cubic feet gross volume and no less than six feet long
may count as two logs.

(2) In meeting the requirements of this section, the operator has
the sole discretion to determine the location and distribution of
wildlife leave trees, including the ability to leave snags, trees and
logs in one or more clusters rather than distributed throughout the unit
and, if specifically permitted by the State Board of Forestry by rule, to
meet the wildlife leave tree requirements by counting snags, trees or
logs otherwise required to be left in riparian management areas or
resource sites listed in ORS 527.710, subject to:

(a) Safety and fire hazard regulations;

(b) Rules or other requirements relating to wildlife leave trees
established by the State Board of Forestry or the State Forester; and

(c) All other requirements pertaining to forest operations.

(3) In meeting the requirements of this section, the State Forester:

(a) Shall consult with the operator concerning the selection of
wildlife leave trees when the State Forester believes that retaining
certain trees or groups of trees would provide increased benefits to
wildlife.

(b) May approve alternate plans submitted by the operator to meet
the provisions of this section, including but not limited to waiving:

(A) The requirement that at least 50 percent of wildlife leave
trees be conifers, upon a showing that a site is being intensively
managed for hardwood production; and

(B) In whole or in part, the requirements of this section for one
operation if an alternate plan provides for an equal or greater number of
wildlife leave trees in another harvest type 2 or harvest type 3
operation, that the State Forester determines would achieve better
overall benefits for wildlife.

(c) May require, for operations adjacent to a fish-bearing or
domestic use stream, in addition to trees otherwise required to be left
in riparian management areas, up to 25 percent of the green trees
required to be retained under this section to be left in or adjacent to
the riparian management area of the stream.

(d) May require by rule, for operations adjacent to a small,
nonfish-bearing stream subject to rapidly moving landslides as defined in
ORS 195.250, that available green trees and snags be left in or adjacent
to the stream. The operator must leave available green trees and snags
under this paragraph within an area that is 50 feet on each side of the
stream and no more than 500 feet upstream from a riparian management area
of a fish-bearing stream.

(4) When a harvest type 2 or harvest type 3 unit occurs adjacent to
a prior harvest type 2 or harvest type 3 unit, resulting in a combined
total contiguous acreage of harvest type 2 or harvest type 3 under single
ownership exceeding 25 acres, the wildlife leave tree and downed log
requirements of subsection (1) of this section apply to the combined
total contiguous acreage. [1996 c.9 §9 (enacted in lieu of 527.675); 2001
c.340 §1](1) Whenever the State Forester determines that an
operator has committed a violation under ORS 527.990 (1), the State
Forester may issue and serve a citation upon the operator or authorized
representative. The State Forester shall cause a copy of the citation to
be mailed or delivered to the timber owner and landowner. Whenever the
State Forester determines that the landowner has failed to comply with
the reforestation rules under ORS 527.710, the State Forester may issue
and serve a citation upon the landowner or authorized representative.
Each citation issued under this section shall specify the nature of the
violation charged and any damage or unsatisfactory condition that has
occurred as the result of such violation.

(2) Whenever a citation is served pursuant to subsection (1) of
this section, the State Forester:

(a) Shall issue and serve upon the landowner or operator or
authorized representative an order directing that the landowner or
operator cease further violation. If the order is served upon an
operator, the State Forester shall cause a copy of such order to be
mailed or delivered to the timber owner and landowner; and

(b) May issue and serve an order upon the landowner or operator and
shall cause a copy of such order to be mailed or delivered to the timber
owner and landowner, directing the landowner or operator, where practical
and economically feasible, to make reasonable efforts to repair the
damage or correct the unsatisfactory condition specified in the citation
within a period specified by the State Forester.

(3) In the event the order issued under subsection (2)(a) of this
section has not been complied with, and the violation specified in such
order is resulting in continuing damage, the State Forester by temporary
order, may direct the landowner or operator to cease any further activity
in that portion of the operation that is resulting in such damage. Such
temporary order shall be in effect until the date of the expiration of
the period as prescribed in subsection (4) of this section or until the
date that the violation ceases, whichever date occurs first.

(4) A temporary order issued under subsection (3) of this section
shall be served upon the landowner or operator or authorized
representative, and the State Forester shall cause a copy of such
temporary order to be mailed or delivered to the operator, timber owner
and landowner. If requested by the operator, timber owner or landowner,
the State Board of Forestry, following the appeal procedures of ORS
527.700, must hold a hearing on the temporary order within five working
days after the receipt by the board of the request. A temporary order
issued and served pursuant to subsection (3) of this section shall remain
in effect not more than five working days after such hearing unless the
order is sooner affirmed, modified or revoked by the board.

(5) If a landowner or operator fails to comply with a final order
issued under subsection (2)(b) of this section within the time specified
in the order, or if the landowner or operator fails to comply with a
final order imposing civil penalties for violation of any provision of
the Oregon Forest Practices Act, the State Forester may issue an order
that prohibits the affected landowner or operator from conducting any new
operations on any forestland in this state until the landowner or
operator has complied with the order to correct an unsatisfactory
condition, make repair or pay the civil penalty, as the case may be, to
the satisfaction of the State Forester. [1971 c.316 §10; 1983 c.759 §1;
1997 c.306 §1] (1) No civil penalty prescribed in ORS
527.992 shall be imposed until the person incurring the penalty has
received notice in writing from the State Forester specifying the
violation. Such notice is in addition to the notice required in ORS
183.745.

(2) The citation issued pursuant to ORS 527.680 (1) and the

order issued pursuant to ORS 527.680 (2)(b) shall each constitute the
notice required by subsection (1) of this section. [1987 c.919 §25; 1991
c.734 §48] (1) The State Board of
Forestry shall by rule establish the amount of civil penalty that may be
imposed for a particular violation. No civil penalty shall exceed $5,000
per violation.

(2) In imposing a penalty authorized by this section, the State
Forester may consider the following factors:

(a) The past history of the person incurring a penalty in taking
all feasible steps or procedures necessary or appropriate to correct any
violation.

(b) Any prior violations of statutes, rules, orders and permits
pertaining to the Oregon Forest Practices Act.

(c) The gravity and magnitude of the violation.

(d) Whether the violation was repeated or continuous.

(e) Whether the cause of the violation was an unavoidable accident,
negligence or an intentional act.

(f) The size and type of ownership of the operation.

(g) Any relevant rule of the board.

(h) The violator’s cooperativeness and efforts to correct the
violation.

(3) The penalty imposed under this section may be remitted or
mitigated upon such terms and conditions as the board determines to be
proper and consistent with the public benefit. Upon the request of the
person incurring the penalty, the board shall consider evidence of the
economic and financial condition of the person in determining whether a
penalty shall be remitted or mitigated.

(4) The board, by rule, may delegate to the State Forester upon
such conditions as deemed necessary, all or part of the authority of the
board provided in subsection (3) of this section to assess, remit or
mitigate civil penalties. [1987 c.919 §26] (1) Subject to the notice
provisions of ORS 527.683, any civil penalty under ORS 527.992 shall be
imposed in the manner provided in ORS 183.745.

(2) In no case shall a hearing requested under ORS 183.745 be held
less than 45 days from the date of service of the notice of penalty to
allow the party to prepare testimony. The hearing shall be held not more
than 180 days following issuance of the notice unless all parties agree
on an extension.

(3) Hearings under this section shall be conducted by an
administrative law judge assigned from the Office of Administrative
Hearings established under ORS 183.605.

(4) All civil penalties recovered under ORS 527.610 to 527.770,
527.990 and 527.992 shall be paid to the General Fund. [1987 c.919 §27;
1991 c.634 §6; 1991 c.734 §121; 1995 s.s. c.3 §39k; 1996 c.9 §13; 1999
c.849 §§107,108; 2003 c.75 §45](1) In
the event an order issued pursuant to ORS 527.680 (2)(b) directs the
repair of damage or correction of an unsatisfactory condition, including
compliance with reforestation requirements, and if the operator or
landowner does not comply with the order within the period specified in
such order and the order has not been appealed to the State Board of
Forestry within 30 days, the State Forester based upon a determination by
the forester of what action will best carry out the purposes of ORS
527.630 shall:

(a) Maintain an action in the Circuit Court for Marion County or
the circuit court for the county in which the violation occurred for an
order requiring the landowner or operator to comply with the terms of the
forester’s order or to restrain violations thereof; or

(b) Estimate the cost to repair the damage or the unsatisfactory
condition as directed by the order and shall notify the operator, timber
owner and landowner in writing of the amount of the estimate. Upon
agreement of the operator, timber owner or the landowner to pay the cost,
the State Forester may proceed to repair the damage or the unsatisfactory
condition. In the event approval of the expenditure is not obtained
within 30 days after notification to the operator, timber owner and
landowner under this section, the State Forester shall present to the
board the alleged violation, the estimate of the expenditure to repair
the damage or unsatisfactory condition and the justification for the
expenditure.

(2) The board shall review the matter presented to it pursuant to
subsection (1) of this section and shall determine whether to authorize
the State Forester to proceed to repair the damage or correct the
unsatisfactory condition and the amount authorized for expenditure. The
board shall afford the operator, timber owner or landowner the
opportunity to appear before the board for the purpose of presenting
facts pertaining to the alleged violation and the proposed expenditure.

(3) If the board authorizes the State Forester to repair the damage
or correct the unsatisfactory condition, the State Forester shall
proceed, either with forces of the State Forester or by contract, to
repair the damage or correct the unsatisfactory condition. The State
Forester shall keep a complete account of direct expenditures incurred,
and upon completion of the work, shall prepare an itemized statement
thereof and shall deliver a copy to the operator, timber owner and
landowner. In no event shall the expenditures exceed the amount
authorized by subsection (2) of this section. An itemized statement of
the direct expenditures incurred by the State Forester, certified by the
State Forester, shall be accepted as prima facie evidence of such
expenditures in any proceeding authorized by this section. If the State
Forester’s action to repair the damage or correct the unsatisfactory
condition arose from an operation for which a bond, cash deposit or other
security was required under ORS 527.760, the State Forester shall retain
any applicable portion of a cash deposit and the surety on the bond or
holder of the other security deposit shall pay the amount of the bond or
other security deposit to the State Forester upon demand. If the amount
specified in the demand is not paid within 30 days following the demand,
the Attorney General, upon request by the State Forester, shall institute
proceedings to recover the amount specified in the demand.

(4) The expenditures in cases covered by this section, including
cases where the amount collected on a bond, deposit or other security was
not sufficient to cover authorized expenditures, shall constitute a
general lien upon the real and personal property of the operator, timber
owner and landowner within the county in which the damage occurred. A
written notice of the lien, containing a statement of the demand, the
description of the property upon which the expenditures were made and the
name of the parties against whom the lien attaches, shall be certified
under oath by the State Forester and filed in the office of the county
clerk of the county or counties in which the expenditures were made
within six months after the date of delivery of the itemized statement
referred to in subsection (3) of this section, and may be foreclosed in
the manner provided in ORS chapter 88.

(5) All moneys recovered under this section shall be paid into the
State Forestry Department Account. [1971 c.316 §11; 1981 c.757 §10; 1983
c.28 §1; 1991 c.919 §12](1) Any operator, timber owner or landowner
affected by any finding or order of the State Forester issued under ORS
527.610 to 527.770 and 527.992 may request a hearing within 30 days after
issuance of the order. The hearing shall be commenced within 14 days
after receipt of the request for hearing and a final order shall be
issued within 28 days of the request for the hearing unless all parties
agree to an extension of the time limit.

(2) The State Board of Forestry may delegate to the administrative
law judge the authority to issue final orders on matters under this
section. Hearings provided under this section shall be conducted as
contested case hearings under ORS 183.413 to 183.470. The board may
establish such rules as it deems appropriate to carry out the provisions
of this section. Appeals from final hearing orders under this section
shall be provided in ORS 183.482, except that the comments of the board
or the State Forester concerning a written plan are not reviewable orders
under ORS 183.480.

(3) Any person adversely affected or aggrieved by an operation
described in subsection (4) of this section may file a written request to
the board for a hearing if the person submitted written comments
pertaining to the operation within the time limits established under ORS
527.670 (9).

(4) A request for hearing may be filed under subsection (3) of this
section only if a written plan was required pursuant to ORS 527.670 (3).

(5) A request for hearing filed under subsection (3) of this
section shall be filed within 14 calendar days of the date the State
Forester completed review of the written plan and issued any comments.
Copies of the complete request shall be served, within the 14-day period,
on the operator, timber owner and landowner. The request shall include:

(a) A copy of the written plan on which the person is requesting a
hearing;

(b) A copy of the comments pertaining to the operation that were
filed by the person requesting the hearing;

(c) A statement that shows the person is adversely affected or
aggrieved by the operation and has an interest which is addressed by the
Oregon Forest Practices Act or rules adopted thereunder; and

(d) A statement of facts that establishes that the operation is of
the type described in ORS 527.670 (3).

(6) If the board finds that the person making the request meets the
requirement of subsection (5)(c) of this section, the board shall set the
matter for hearing within 21 calendar days after receipt of the request
for hearing. The operator, timber owner and landowner shall be allowable
parties to the hearing. The person requesting the hearing may raise, in
the hearing, only those issues that the person raised in written comments
filed under ORS 527.670 (9) relating to conformity with the rules of the
board. The board shall issue its own comments, which may affirm, modify
or rescind comments of the State Forester, if any, on the written plan
within 45 days after the request for hearing was filed, unless all
parties agree to an extension of the time limit. The comments of the
board or of the State Forester concerning a written plan are not
reviewable orders under ORS 183.480.

(7) The board may award reasonable attorney fees and expenses to
each of the prevailing parties against any other party who the board
finds presented a position without probable cause to believe the position
was well-founded, or made a request primarily for a purpose other than to
secure appropriate action by the board.

(8)(a) Upon the written request of a person requesting a hearing
under subsection (3) of this section, a stay of the operation subject to
the hearing may be granted upon a showing that:

(A) Commencement or continuation of the operation will constitute a
violation of the rules of the board;

(B) The person requesting the stay will suffer irreparable injury
if the stay is not granted; and

(C) The requirements of subsections (3), (4) and (5) of this
section are met.

(b) If the board grants the stay, it shall require the person
requesting the stay to give an undertaking which may be in the amount of
the damages potentially resulting from the stay, but in any event shall
not be less than $15,000. The board may impose other reasonable
requirements pertaining to the grant of the stay. The board shall limit
the effect of the stay to the specific geographic area or elements of the
operation for which the person requesting the stay has demonstrated a
violation of the rules and irreparable injury under paragraph (a) of this
subsection.

(c) If the board determines in its comments that the written plan
pertaining to the operation for which the stay was granted is likely to
result in compliance with ORS 527.610 to 527.770 or the rules of the
board, the board may award reasonable attorney fees and actual damages in
favor of each of the prevailing parties, to the extent incurred by each,
against the person requesting the stay.

(9) If the board rescinds or modifies the comments on the written
plan as submitted by the State Forester pertaining to any operation, the
board may award reasonable attorney fees and costs against the state in
favor of each of the prevailing parties.

(10) As used in this section, “person” means any individual,
partnership, corporation, association, governmental subdivision or public
or private organization of any character. [Formerly 527.240; 1983 c.28
§2; 1987 c.919 §13; 1999 c.849 §110; 2003 c.75 §94; 2003 c.740 §4](1) In carrying
out the purposes of ORS 527.610 to 527.770, 527.990 (1) and 527.992, the
State Board of Forestry shall adopt, in accordance with applicable
provisions of ORS chapter 183, rules to be administered by the State
Forester establishing standards for forest practices in each region or
subregion.

(2) The rules shall ensure the continuous growing and harvesting of
forest tree species. Consistent with ORS 527.630, the rules shall provide
for the overall maintenance of the following resources:

(a) Air quality;

(b) Water resources, including but not limited to sources of
domestic drinking water;

(c) Soil productivity; and

(d) Fish and wildlife.

(3)(a) In addition to its rulemaking responsibilities under
subsection (2) of this section, the board shall collect and analyze the
best available information and establish inventories of the following
resource sites needing protection:

(A) Threatened and endangered fish and wildlife species identified
on lists that are adopted, by rule, by the State Fish and Wildlife
Commission or are federally listed under the Endangered Species Act of
1973 as amended;

(B) Sensitive bird nesting, roosting and watering sites;

(C) Biological sites that are ecologically and scientifically
significant; and

(D) Significant wetlands.

(b) The board shall determine whether forest practices would
conflict with resource sites in the inventories required by paragraph (a)
of this subsection. If the board determines that one or more forest
practices would conflict with resource sites in the inventory, the board
shall consider the consequences of the conflicting uses and determine
appropriate levels of protection.

(c) Based upon the analysis required by paragraph (b) of this
subsection, and consistent with the policies of ORS 527.630, the board
shall adopt rules appropriate to protect resource sites in the
inventories required by paragraph (a) of this subsection.

(4) Before adopting rules under subsection (1) of this section, the
board shall consult with other agencies of this state or any of its
political subdivisions that have functions with respect to the purposes
specified in ORS 527.630 or programs affected by forest operations.
Agencies and programs subject to consultation under this subsection
include, but are not limited to:

(a) Air and water pollution programs administered by the Department
of Environmental Quality under ORS chapters 468A and 468B and ORS 477.013
and 477.515 to 477.532;

(b) Mining operation programs administered by the Department of
Geology and Mineral Industries under ORS 516.010 to 516.130 and ORS
chapter 517;

(c) Game fish and wildlife, commercial fishing, licensing, wildlife
and bird refuge and fish habitat improvement tax incentive programs
administered by the State Department of Fish and Wildlife under ORS
272.060, 315.134 and ORS chapters 496, 498, 501, 506 and 509;

(d) Park land, Willamette River Greenway, scenic waterway and
recreation trail programs administered by the State Parks and Recreation
Department under ORS 358.480 to 358.545, 390.310 to 390.368, 390.805 to
390.925, 390.950 to 390.989 and 390.121;

(e) The programs administered by the Columbia River Gorge
Commission under Public Law 99-663 and ORS 196.110 and 196.150;

(f) Removal and fill, natural heritage conservation and natural
heritage conservation tax incentive programs administered by the State
Land Board and the Department of State Lands under ORS 196.800 to 196.900
and 273.553 to 273.591;

(g) Federal Safe Drinking Water Act programs administered by the
Department of Human Services under ORS 448.273 to 448.990;

(h) Natural heritage conservation programs administered by the
Natural Heritage Advisory Council under ORS 273.553 to 273.591;

(i) Open space land tax incentive programs administered by cities
and counties under ORS 308A.300 to 308A.330;

(j) Water resources programs administered by the Water Resources
Department under ORS 536.220 to 536.540; and

(k) Pesticide control programs administered by the State Department
of Agriculture under ORS chapter 634.

(5) In carrying out the provisions of subsection (4) of this
section, the board shall consider and accommodate the rules and programs
of other agencies to the extent deemed by the board to be appropriate and
consistent with the purposes of ORS 527.630.

(6) The board shall adopt rules to meet the purposes of another
agency’s regulatory program where it is the intent of the board to
administer the other agency’s program on forestland and where the other
agency concurs by rule. An operation performed in compliance with the
board’s rules shall be deemed to comply with the other agency’s program.

(7)(a) The board may enter into cooperative agreements or contracts
necessary in carrying out the purposes specified in ORS 527.630.

(b) The State Forestry Department shall enter into agreements with
appropriate state agencies for joint monitoring of the effectiveness of
forest practice rules in protecting forest resources and water quality.

(8) If, based upon the study completed pursuant to section 15
(2)(f), chapter 919, Oregon Laws 1991, the board determines that
additional rules are necessary to protect forest resources pursuant to
ORS 527.630, the board shall adopt forest practice rules that reduce to
the degree practicable the adverse impacts of cumulative effects of
forest practices on air and water quality, soil productivity, fish and
wildlife resources and watersheds. Such rules shall include a process for
determining areas where adverse impacts from cumulative effects have
occurred or are likely to occur, and may require that a written plan be
submitted for harvests in such areas.

(9)(a) The State Forester, in cooperation with the State Department
of Fish and Wildlife, shall identify streams for which restoration of
habitat would be environmentally beneficial. The State Forester shall
select as a priority those streams where restoration efforts will provide
the greatest benefits to fish and wildlife, and to streambank and
streambed stability.

(b) For those streams identified in paragraph (a) of this
subsection, the State Forester shall encourage landowners to enter into
cooperative agreements with appropriate state agencies for conduct of
restoration activities.

(c) The board, in consultation with appropriate state agencies,
shall study and identify methods for restoring or enhancing fish and
wildlife populations through restoration and rehabilitation of sites
beneficial to fish and wildlife.

(d) The board shall adopt rules to implement the findings of this
subsection.

(10) In addition to its responsibilities under subsections (1) to
(3) of this section, the board shall adopt rules to reduce the risk of
serious bodily injury or death caused by a rapidly moving landslide
directly related to forest practices. The rules shall consider the
exposure of the public to these safety risks and shall include
appropriate practices designed to reduce the occurrence, timing or
effects of rapidly moving landslides. As used in this subsection,
“rapidly moving landslide” has the meaning given that term in ORS
195.250. [1971 c.316 §5; 1987 c.919 §14a; 1989 c.171 §69; 1989 c.904 §38;
1991 c.634 §7; 1991 c.919 §13; 1993 c.18 §126; 1995 c.79 §300; 1997 c.274
§54; 1997 c.413 §2; 1999 c.1103 §12; 2001 c.114 §52; 2001 c.540 §24; 2003
c.14 §342; 2003 c.539 §40; 2003 c.740 §7]

(1) The rulemaking authority of the State Board of Forestry
under ORS 527.610 to 527.770 consists generally of the following three
types of rules:

(a) Rules adopted to implement administration, procedures or
enforcement of ORS 527.610 to 527.770 that support but do not directly
regulate standards of forest practices.

(b) Rules adopted to provide definitions or procedures for forest
practices where the standards are set in statute.

(c) Rules adopted to implement the provisions of ORS 527.710 (2),
(3), (6), (8), (9) and (10) that grant broad discretion to the board and
that set standards for forest practices not specifically addressed in
statute.

(2) When considering the adoption of a rule, and prior to the
notice required pursuant to ORS 183.335, the board shall determine which
type of rule described in subsection (1) of this section is being
considered.

(3) If the board determines that a proposed rule is of the type
described in subsection (1)(a) or (b) of this section, or if the proposed
rule is designed only to clarify the meaning of rules already adopted or
to make minor adjustments to rules already adopted that are of the type
described in subsection (1)(c) of this section, rulemaking may proceed in
accordance with ORS 183.325 to 183.410 and is not subject to the
provisions of this section.

(4) If the board determines that a proposed rule is of the type
described in subsection (1)(c) of this section, and the proposed rule
would change the standards for forest practices, the board shall describe
in its rule the purpose of the rule and the level of protection that is
desired.

(5) If the board determines that a proposed rule is of the type
described in subsection (1)(c) of this section, including a proposed
amendment to an existing rule not qualifying under subsection (3) of this
section, and the proposed rule would provide new or increased standards
for forest practices, the board may adopt such a rule only after
determining that the following facts exist and standards are met:

(a) If forest practices continue to be conducted under existing
regulations, there is monitoring or research evidence that documents that
degradation of resources maintained under ORS 527.710 (2) or (3) is
likely, or in the case of rules proposed under ORS 527.710 (10), that
there is a substantial risk of serious bodily injury or death;

(b) If the resource to be protected is a wildlife species, the
scientific or biological status of a species or resource site to be
protected by the proposed rule has been documented using best available
information;

(c) The proposed rule reflects available scientific information,
the results of relevant monitoring and, as appropriate, adequate field
evaluation at representative locations in Oregon;

(d) The objectives of the proposed rule are clearly defined, and
the restrictions placed on forest practices as a result of adoption of
the proposed rule:

(A) Are to prevent harm or provide benefits to the resource or
resource site for which protection is sought, or in the case of rules
proposed under ORS 527.710 (10), to reduce risk of serious bodily injury
or death; and

(B) Are directly related to the objective of the proposed rule and
substantially advance its purpose;

(e) The availability, effectiveness and feasibility of alternatives
to the proposed rule, including nonregulatory alternatives, were
considered, and the alternative chosen is the least burdensome to
landowners and timber owners, in the aggregate, while still achieving the
desired level of protection; and

(f) The benefits to the resource, or in the case of rules proposed
under ORS 527.710 (10), the benefits in reduction of risk of serious
bodily injury or death, that would be achieved by adopting the rule are
in proportion to the degree that existing practices of the landowners and
timber owners, in the aggregate, are contributing to the overall resource
concern that the proposed rule is intended to address.

(6) Nothing in subsection (5) of this section:

(a) Requires the board to call witnesses;

(b) Requires the board to allow cross-examination of witnesses;

(c) Restricts ex parte communications with the board or requires
the board to place statements of such communications on the record;

(d) Requires verbatim transcripts of records of proceedings; or

(e) Requires depositions, discovery or subpoenas.

(7) If the board determines that a proposed rule is of the type
described in subsection (1)(c) of this section, and the proposed rule
would require new or increased standards for forest practices, as part of
or in addition to the economic and fiscal impact statement required by
ORS 183.335 (2)(b)(E), the board shall, prior to the close of the public
comment period, prepare and make available to the public a comprehensive
analysis of the economic impact of the proposed rule. The analysis shall
include, but is not limited to:

(a) An estimate of the potential change in timber harvest as a
result of the rule;

(b) An estimate of the overall statewide economic impact, including
a change in output, employment and income;

(c) An estimate of the total economic impact on the forest products
industry and common school and county forest trust land revenues, both
regionally and statewide; and

(d) Information derived from consultation with potentially affected
landowners and timber owners and an assessment of the economic impact of
the proposed rule under a wide variety of circumstances, including
varying ownership sizes and the geographic location and terrain of a
diverse subset of potentially affected forestland parcels.

(8) The provisions of this section do not apply to temporary rules
adopted by the board. [1996 c.9 §16 (enacted in lieu of 527.713); 1999
c.1103 §13; 2003 c.740 §10]Note: 527.714 was enacted into law by the Legislative Assembly but
was not added to or made a part of ORS chapter 527 or any series therein
by legislative action. See Preface to Oregon Revised Statutes for further
explanation. The State
Board of Forestry shall establish, by rule, the standards and procedures
to implement the provisions of ORS 197.180, 197.270, 197.825, 215.050,
477.090, 477.440, 477.455, 477.460, 526.009, 526.016, 526.156, 527.620,
527.630, 527.660, 527.670, 527.683 to 527.724, 527.736 to 527.760 and
527.992. [1987 c.919 §28; 1991 c.919 §14]By rule or by cooperative agreement entered into
following an opportunity for public comment before the State Board of
Forestry, the board shall provide for coordination with appropriate state
and local agencies regarding procedures to be followed for review and
comment on individual forest operations. [1987 c.919 §16 (enacted in lieu
of 527.720)](1) Notwithstanding any
provisions of ORS chapters 195, 196, 197, 215 and 227, and except as
provided in subsections (2), (3) and (4) of this section, no unit of
local government shall adopt any rules, regulations or ordinances or take
any other actions that prohibit, limit, regulate, subject to approval or
in any other way affect forest practices on forestlands located outside
of an acknowledged urban growth boundary.

(2) Nothing in subsection (1) of this section prohibits local
governments from adopting and applying a comprehensive plan or land use
regulation to forestland to allow, prohibit or regulate:

(a) Forest practices on lands located within an acknowledged urban
growth boundary;

(b) Forest practices on lands located outside of an acknowledged
urban growth boundary, and within the city limits as they exist on July
1, 1991, of a city with a population of 100,000 or more, for which an
acknowledged exception to an agriculture or forestland goal has been
taken;

(c) The establishment or alteration of structures other than
temporary on-site structures which are auxiliary to and used during the
term of a particular forest operation;

(d) The siting or alteration of dwellings;

(e) Physical alterations of the land, including but not limited to
those made for purposes of exploration, mining, commercial gravel
extraction and processing, landfills, dams, reservoirs, road construction
or recreational facilities, when such uses are not auxiliary to forest
practices; or

(f) Partitions and subdivisions of the land.

(3) Nothing in subsection (2) of this section shall prohibit a
local government from enforcing the provisions of ORS 455.310 to 455.715
and the rules adopted thereunder.

(4) Counties may prohibit, but in no other manner regulate, forest
practices on forestlands:

(a) Located outside an acknowledged urban growth boundary; and

(b) For which an acknowledged exception to an agricultural or
forest land goal has been taken.

(5) To ensure that all forest operations in this state are
regulated to achieve protection of soil, air, water, fish and wildlife
resources, in addition to all other forestlands, the Oregon Forest
Practices Act applies to forest operations inside any urban growth
boundary except in areas where a local government has adopted land use
regulations for forest practices. For purposes of this subsection, “land
use regulations for forest practices” means local government regulations
that are adopted for the specific purpose of directing how forest
operations and practices may be conducted. These local regulations shall:

(a) Protect soil, air, water, fish and wildlife resources;

(b) Be acknowledged as in compliance with land use planning goals;

(c) Be developed through a public process;

(d) Be developed for the specific purpose of regulating forest
practices; and

(e) Be developed in coordination with the State Forestry Department
and with notice to the Department of Land Conservation and Development.

(6) To coordinate with local governments in the protection of soil,
air, water, fish and wildlife resources, the State Forester shall provide
local governments with a copy of the notice or written plan for a forest
operation within any urban growth boundary. Local governments may review
and comment on an individual forest operation and inform the landowner or
operator of all other regulations that apply but that do not pertain to
activities regulated under the Oregon Forest Practices Act.

(7) The existence or adoption by local governments of a
comprehensive plan policy or land use regulation regulating forest
practices consistent with subsections (1) to (5) of this section shall
relieve the State Forester of responsibility to administer the Oregon
Forest Practices Act within the affected area.

(8) The Director of the Department of Land Conservation and
Development shall provide the State Forester copies of notices submitted
pursuant to ORS 197.615, whenever such notices concern the adoption,
amendment or repeal of a comprehensive land use regulation allowing,
prohibiting or regulating forest practices. [1979 c.400 §2; 1987 c.919
§17; 1991 c.919 §29; 2001 c.268 §1]Subject to ORS 527.765
and 527.770, any forest operations on forestlands within this state shall
be conducted in full compliance with the rules and standards of the
Environmental Quality Commission relating to air and water pollution
control. In addition to all other remedies provided by law, any violation
of those rules or standards shall be subject to all remedies and
sanctions available under statute or rule to the Department of
Environmental Quality or the Environmental Quality Commission. [1979
c.400 §3; 1991 c.919 §19] Nothing in the
Oregon Forest Practices Act shall prevent the conversion of forestland to
any other use. [1971 c.316 §12; 1991 c.634 §8](Harvest Type; Water Quality Regulation)(1) The standards established in ORS 527.740 to
527.750 shall be administered by the State Forester as standards applying
to all operations in the state, including those on forestland owned by
the state or any political subdivision thereof. Pursuant to ORS 527.710
the State Board of Forestry shall adopt, repeal or amend forest practice
rules as necessary to be consistent with and to implement the standards
established in ORS 527.740 to 527.750. Except as provided in ORS 527.714,
nothing in ORS 468B.100 to 468B.110, 477.562, 527.620, 527.670, 527.690,
527.710, 527.715, 527.722, 527.724 and 527.736 to 527.770 shall affect
the powers and duties of the board to adopt, or the State Forester to
administer, all other regulations pertaining to forest practices under
applicable state law.

(2) Nothing in ORS 527.740 to 527.750 is intended to apply to
cutting of trees that is for growth enhancement treatments, as defined by
the State Forester, such as thinning or precommercial thinning. [1991
c.919 §3; 1993 c.657 §5; 1995 s.s. c.3 §39r; 1996 c.9 §20] (1) No harvest type
3 unit within a single ownership shall exceed 120 acres in size, except
as provided in ORS 527.750.

(2) No harvest type 3 unit shall be allowed within 300 feet of the
perimeter of a prior harvest type 3 unit within a single ownership if the
combined acreage of the harvest type 3 areas subject to regulation under
the Oregon Forest Practices Act would exceed 120 acres in size, unless
the prior harvest type 3 unit has been reforested as required by all
applicable regulations and:

(a) At least the minimum tree stocking required by rule is
established per acre; and either

(b) The resultant stand of trees has attained an average height of
at least four feet; or

(c) At least 48 months have elapsed since the stand was created and
it is “free to grow” as defined by the State Board of Forestry.

(3) Any acreage attributable to riparian areas or to resource sites
listed in ORS 527.710 (3) that is located within a harvest unit shall not
be counted in calculating the size of a harvest type 3 unit.

(4) The provisions of this section shall not apply when the land is
being converted to managed conifers or managed hardwoods from brush or
hardwood stands that contain less than 80 square feet of basal area per
acre of trees 11 inches DBH or greater or when the harvest type 3 results
from disasters such as fire, insect infestation, disease, windstorm or
other occurrence that the State Forester determines was beyond the
landowner’s control and has substantially impaired productivity or safety
on the unit or jeopardizes nearby forestland. The prior approval of the
State Forester shall be required for such conversion or harvest type 3
operations that exceed 120 acres in size.

(5) The provisions of this section do not apply to any operation
where the operator demonstrates to the State Forester that:

(a) The trees are subject to a cutting right created by written
contract prior to October 1, 1990, which provides that the trees must be
paid for regardless of whether the trees are cut, or subject to a cutting
right created by reservation in a deed prior to October 1, 1990; and

(b) If the provisions of this section were applied, the cutting
right would expire before all the trees subject to the cutting right
could reasonably be harvested. [1991 c.919 §4; 1995 s.s. c.3 §39b; 1996
c.9 §4](1) The State Board of Forestry shall adopt standards
for the reforestation of harvest type 1 and harvest type 3. Unless the
board makes the findings for alternate standards under subsection (2) of
this section, the standards for the reforestation of harvest type 1 and
harvest type 3 shall include the following:

(a) Reforestation, including site preparation, shall commence
within 12 months after the completion of harvest and shall be completed
by the end of the second planting season after the completion of harvest.
By the end of the fifth growing season after planting or seeding, at
least 200 healthy conifer or suitable hardwood seedlings or lesser number
as permitted by the board by rule, shall be established per acre,
well-distributed over the area, which are “free to grow” as defined by
the board.

(b) Landowners may submit plans for alternate practices that do not
conform to the standards established under paragraph (a) of this
subsection or the alternate standards adopted under subsection (2) of
this section, including but not limited to variances in the time in which
reforestation is to be commenced or completed or plans to reforest sites
by natural reforestation. Such alternate plans may be approved if the
State Forester determines that the plan will achieve equivalent or better
regeneration results for the particular conditions of the site, or the
plan carries out an authorized research project conducted by a public
agency or educational institution.

(2) The board, by rule, may establish alternate standards for the
reforestation of harvest type 1 and harvest type 3, in lieu of the
standards established in subsection (1) of this section, but in no case
can the board require the establishment of more than 200 healthy conifer
or suitable hardwood seedlings per acre. Such alternate standards may be
adopted upon finding that the alternate standards will better assure the
continuous growing and harvesting of forest tree species and the
maintenance of forestland for such purposes, consistent with sound
management of soil, air, water, fish and wildlife resources based on one
or more of the following findings:

(a) Alternate standards are warranted based on scientific data
concerning biologically effective regeneration;

(b) Different standards are warranted for particular geographic
areas of the state due to variations in climate, elevation, geology or
other physical factors; or

(c) Different standards are warranted for different tree species,
including hardwoods, and for different growing site conditions.

(3) Pursuant to ORS 527.710, the board may adopt definitions,
procedures and further regulations to implement the standards established
under subsection (1) of this section, without making the findings
required in subsection (2) of this section, if those procedures or
regulations are consistent with the standards established in subsection
(1) of this section.

(4) The board shall encourage planting of disease and insect
resistant species in sites infested with root pathogens or where planting
of susceptible species would significantly facilitate the spread of a
disease or insect pest and there are immune or more tolerant commercial
species available which are adapted to the site.

(5) Notwithstanding subsections (1), (2) and (3) of this section,
in order to remove potential disincentives to the conversion of
underproducing stands, as defined by the board, or the salvage of stands
that have been severely damaged by wildfire, insects, disease or other
factors beyond the landowner’s control, the State Forester may suspend
the reforestation requirements for specific harvest type 1 or harvest
type 3 units in order to take advantage of the Forest Resource Trust
provisions, or other cost-share programs administered by the State
Forester or where the State Forester is the primary technical adviser.
Such suspension may occur only on an individual case basis, in writing,
based on a determination by the State Forester that the cost of harvest
preparation, harvest, severance and applicable income taxes, logging,
site preparation, reforestation and any other measures necessary to
establish a free to grow forest stand will likely exceed the gross
revenues of the harvest. The board shall adopt rules implementing this
subsection establishing the criteria for and duration of the suspension
of the reforestation requirements. [1991 c.919 §6; 1993 c.562 §1; 1995
s.s. c.3 §39c; 1996 c.9 §5](1) Notwithstanding the requirements of ORS 527.740, a harvest
type 3 unit within a single ownership that exceeds 120 acres but does not
exceed 240 acres may be approved by the State Forester if all the
requirements of this section and any additional requirements established
by the State Board of Forestry are met. Proposed harvest type 3 units
that are within 300 feet of the perimeter of a prior harvest type 3 unit,
and that would result in a total combined harvest type 3 area under a
single ownership exceeding 120 acres but not exceeding 240 acres, may be
approved by the State Forester if the additional requirements are met for
the combined area. No harvest type 3 unit within a single ownership shall
exceed 240 contiguous acres. No harvest type 3 unit shall be allowed
within 300 feet of the perimeter of a prior harvest type 3 unit within a
single ownership if the combined acreage of the areas subject to
regulation under the Oregon Forest Practices Act would exceed 240 acres,
unless:

(a) The prior harvest type 3 unit has been reforested by all
applicable regulations;

(b) At least the minimum tree stocking required by rule is
established per acre; and

(c)(A) The resultant stand of trees has attained an average height
of at least four feet; or

(B) At least 48 months have elapsed since the stand was created and
it is “free to grow” as defined by the board.

(2) The requirements of this section are in addition to all other
requirements of the Oregon Forest Practices Act and the rules adopted
thereunder. The requirements of this section shall be applied in lieu of
such other requirements only to the extent the requirements of this
section are more stringent. Nothing in this section shall apply to
operations conducted under ORS 527.740 (4) or (5).

(3) The board shall require that a plan for an alternate practice
be submitted prior to approval of a harvest type 3 operation under this
section. The board may establish by rule any additional standards
applying to operations under this section.

(4) The State Forester shall approve the harvest type 3 operation
if the proposed operation would provide better overall results in meeting
the requirements and objectives of the Oregon Forest Practices Act.

(5) The board shall specify by rule the information to be submitted
for approval of harvest type 3 operations under this section, including
evidence of past satisfactory compliance with the Oregon Forest Practices
Act. [1991 c.919 §7; 1995 s.s. c.3 §39d; 1996 c.9 §6; 2003 c.740 §5; 2005
c.22 §378](1) The following highways are hereby designated as scenic
highways for purposes of the Oregon Forest Practices Act:

(a) Interstate Highways 5, 84, 205, 405; and

(b) State Highways 6, 7, 20, 18/22, 26, 27, 30, 31, 34, 35, 36, 38,
42, 58, 62, 66, 82, 97, 101, 126, 138, 140, 199, 230, 234 and 395.

(2) The purpose of designating scenic highways is to provide a
limited mechanism that maintains roadside trees for the enjoyment of the
motoring public while traveling through forestland, consistent with ORS
527.630, safety and other practical considerations.

(3) The State Board of Forestry, in consultation with the
Department of Transportation, shall establish procedures and regulations
as necessary to implement the requirements of subsections (4), (5) and
(6) of this section, consistent with subsection (2) of this section,
including provisions for alternate plans. Alternate plans that modify or
waive the requirements of subsection (4), (5) or (6) of this section may
be approved when, in the judgment of the State Forester, circumstances
exist such as:

(a) Modification or waiver is necessary to maintain motorist
safety, protect improvements such as dwellings and bridges, or protect
forest health;

(b) Modification or waiver will provide additional scenic benefits
to the motoring public, such as exposure of distant scenic vistas;

(c) Trees that are otherwise required to be retained will not be
visible to motorists;

(d) The operation involves a change of land use that is
inconsistent with maintaining a visually sensitive corridor; or

(e) The retention of timber in a visually sensitive corridor will
result in severe economic hardship for the owner because all or nearly
all of the owner’s property is within the visually sensitive corridor.

(4)(a) For harvest operations within a visually sensitive corridor,
at least 50 healthy trees of at least 11 inches DBH, or that measure at
least 40 square feet in basal area, shall be temporarily left on each
acre.

(b) Overstory trees initially required to be left under paragraph
(a) of this subsection may be removed when the reproduction understory
reaches an average height of at least 10 feet and has at least the
minimum number of stems per acre of free to grow seedlings or saplings
required by the board for reforestation, by rule.

(c) Alternatively, when the adjacent stand, extending from 150 feet
from the outermost edge of the roadway to 300 feet from the outermost
edge of the roadway, has attained an average height of at least 10 feet
and has at least the minimum number of stems per acre of free to grow
seedlings or saplings required by the board for reforestation, by rule,
or at least 40 square feet of basal area per acre, no trees are required
to be left in the visually sensitive corridor, or trees initially
required to be left under paragraph (a) of this subsection may be
removed. When harvests within the visually sensitive corridor are carried
out under this paragraph, the adjacent stand, extending from 150 feet
from the outermost edge of the roadway to 300 feet from the outermost
edge of the roadway, shall not be reduced below the minimum number of
stems per acre of free to grow seedlings or saplings at least 10 feet
tall required by the board for reforestation, by rule, or below 40 square
feet of basal area per acre until the adjacent visually sensitive
corridor has been reforested as required under subsection (6) of this
section and the stand has attained an average height of at least 10 feet
and has at least the minimum number of stems per acre.

(5) Harvest areas within a visually sensitive corridor shall be
cleared of major harvest debris within 30 days of the completion of the
harvest, or within 60 days of the cessation of active harvesting activity
on the site, regardless of whether the harvest operation is complete.

(6) Notwithstanding the time limits established in ORS 527.745
(1)(a), when harvesting within a visually sensitive corridor results in a
harvest type 1 or harvest type 3, reforestation shall be completed by the
end of the first planting season after the completion of the harvest. All
other provisions of ORS 527.745 shall also apply to harvest type 1 or
harvest type 3 within visually sensitive corridors.

(7) Landowners and operators shall not be liable for injury or
damage caused by trees left within the visually sensitive corridor for
purposes of fulfilling the requirements of this section, when carried out
in compliance with the provisions of the Oregon Forest Practices Act.

(8) Harvest on single ownerships less than five acres in size are
exempt from this section. [1991 c.919 §17; 1993 c.306 §1; 1995 s.s. c.3
§39e; 1996 c.9 §7; 1997 c.249 §179] (1) The
State Board of Forestry shall review its rules governing changes in land
use and adopt or amend rules as necessary to assure that only bona fide,
established and continuously maintained changes from forest uses are
provided an exemption from reforestation requirements. The board shall
set specific time periods for the completion of land use conversions.
Among other factors, the board shall condition exemptions from
reforestation requirements upon:

(a) Demonstrating the intended change in land use is authorized
under local land use and zoning ordinances, including obtaining and
maintaining all necessary land use or construction permits and approvals
for the intended change in land use;

(b) Demonstrating progress toward the change in land use within the
time required for planting of trees, and substantial completion and
continuous maintenance of the change in land use in a time certain;

(c) Allowing an exemption for only the smallest land area necessary
to carry out the change in land use, and requiring that additional land
area within the harvest unit remains subject to all applicable
reforestation requirements; and

(d) Allowing an exemption only to the extent that the proposed land
use is not compatible with the maintenance of forest cover.

(2) The board may require that, prior to commencing an operation
where a change in land use is proposed, a bond, cash deposit, irrevocable
letter of credit or other security be filed with the State Forester in an
amount determined by the State Forester sufficient to cover the cost of
site preparation and reforestation for the area subject to an exemption
from reforestation due to a change in land use, and shall require that
provisions be made for the administration and collection on such bond or
security deposit in the event that the change in land use is not
established or continuously maintained within a time certain.

(3) Nothing in this section is intended to exempt any change in
land use from, nor affect the applicability and administration of, any
planning, zoning or permitting requirements provided under state or local
laws or regulations. [1991 c.919 §8]
(1) The State Board of Forestry shall establish best management practices
and other rules applying to forest practices as necessary to insure that
to the maximum extent practicable nonpoint source discharges of
pollutants resulting from forest operations on forestlands do not impair
the achievement and maintenance of water quality standards established by
the Environmental Quality Commission for the waters of the state. Such
best management practices shall consist of forest practices rules adopted
to prevent or reduce pollution of waters of the state. Factors to be
considered by the board in establishing best management practices shall
include, where applicable, but not be limited to:

(a) Beneficial uses of waters potentially impacted;

(b) The effects of past forest practices on beneficial uses of
water;

(c) Appropriate practices employed by other forest managers;

(d) Technical, economic and institutional feasibility; and

(e) Natural variations in geomorphology and hydrology.

(2) The board shall consult with the Environmental Quality
Commission in adoption and review of best management practices and other
rules to address nonpoint source discharges of pollutants resulting from
forest operations on forestlands.

(3)(a) Notwithstanding ORS 183.310 (8), upon written petition for
rulemaking under ORS 183.390 of any interested person or agency, the
board shall review the best management practices adopted pursuant to this
section. In addition to all other requirements of law, the petition must
allege with reasonable specificity that nonpoint source discharges of
pollutants resulting from forest operations being conducted in accordance
with the best management practices are a significant contributor to
violations of such standards.

(b) Except as provided in paragraph (c) of this subsection, if the
board determines that forest operations being conducted in accordance
with the best management practices are neither significantly responsible
for particular water quality standards not being met nor are a
significant contributor to violations of such standards, the board shall
issue an order dismissing the petition.

(c) If the petition for review of best management practices is made
by the Environmental Quality Commission, the board shall not terminate
the review without the concurrence of the commission, unless the board
commences rulemaking in accordance with paragraph (e) of this subsection.

(d) If a petition for review is dismissed, upon conclusion of the
review, the board shall issue an order that includes findings regarding
specific allegations in the petition and shall state the board’s reasons
for any conclusions to the contrary.

(e) If, pursuant to review, the board determines that best
management practices should be reviewed, the board shall commence
rulemaking proceedings for that purpose. Rules specifying the revised
best management practices must be adopted not later than two years from
the filing date of the petition for review unless the board, with
concurrence of the Environmental Quality Commission, finds that special
circumstances require additional time.

(f) Notwithstanding the time limitation established in paragraph
(e) of this subsection, at the request of the Environmental Quality
Commission, the board shall take action as quickly as practicable to
prevent significant damage to beneficial uses identified by the
commission while the board is revising its best management practices and
rules as provided for in this section. [1991 c.919 §20; 2003 c.75 §95;
2003 c.749 §11]A forest operator conducting, or in good faith proposing to
conduct, operations in accordance with best management practices
currently in effect shall not be considered in violation of any water
quality standards. When the State Board of Forestry adopts new best
management practices and other rules applying to forest operations, such
rules shall apply to all current or proposed forest operations upon their
effective dates. However, nothing in this section prevents enforcement of
water quality standards against a forest operator conducting operations
after the time provided in ORS 527.765 (3)(e) for adoption of revised
best management practices if the board either has not adopted revised
management practices or has not made a finding that such revised best
management practices are not required. [1991 c.919 §21; 2003 c.749 §12](1) A landowner is not liable in tort for any personal injury,
death or property damage that arises out of the leaving of trees and
other debris on the property of the landowner under the provisions of ORS
527.610 to 527.770, under any rules adopted pursuant to ORS 527.610 to
527.770, or under any other law or rule requiring trees and debris to be
left upon property after logging or other activity on the land.

(2) The limitation on liability provided by this section applies to
any injury, death or damage arising out of wildfire, erosion, flooding,
diversion of waters, damage to public improvements and any other injury,
death or damage caused by trees or debris left by the landowner.

(3) The limitation on liability provided by this section does not
apply if the injury, death or damage was caused by the intentional tort
of the landowner or by the gross negligence of the landowner. As used in
this subsection, “gross negligence” means negligence that is materially
greater than the mere absence of reasonable care under the circumstances,
and that is characterized by indifference to or reckless disregard of the
rights of others.

(4) The limitation on liability provided by this section is in
addition to any limitation on liability provided under ORS 105.672 to
105.696.

(5) The limitation on liability provided by this section does not
apply to any liability established by the provisions of ORS chapter 477.
[1999 c.543 §1](1) A landowner is not liable in tort for any personal injury,
death or property damage that arises out of the leaving of large woody
debris on the property of the landowner under the provisions of ORS
527.610 to 527.770, under any rules adopted pursuant to ORS 527.610 to
527.770, or under any other law or rule requiring trees and large woody
debris to be left upon property after logging or other activity on the
land.

(2) The limitation on liability provided by this section applies to
any injury, death or damage arising out of wildfire, erosion, flooding,
diversion of waters, damage to public improvements and any other injury,
death or damage caused by the large woody debris left by the landowner.

(3) The limitation on liability provided by this section does not
apply if the injury, death or damage was caused by the intentional tort
of the landowner or by the gross negligence of the landowner. As used in
this subsection, “gross negligence” means negligence that is materially
greater than the mere absence of reasonable care under the circumstances,
and that is characterized by indifference to or reckless disregard of the
rights of others.

(4) The limitation on liability provided by this section is in
addition to any limitation on liability provided under ORS 105.672 to
105.696.

(5) The limitation on liability provided by this section does not
apply to any liability established by the provisions of ORS chapter 477.
[1999 c.863 §2]PENALTIES(1) Subject to ORS 153.022, violation
of ORS 527.670, 527.676, 527.740, 527.750 or 527.755, or any rule
promulgated under ORS 527.710 is punishable, upon conviction, as a
misdemeanor. Each day of operation in violation of an order issued under
ORS 527.680 (3) shall be deemed to be a separate offense.

(2) Violation of ORS 527.260 (1) is a misdemeanor. Violation of ORS
527.260 is punishable, upon conviction, by a fine of not more than $250
or by imprisonment in the county jail for not more than 60 days, or both.
[Amended by 1953 c.262 §2; 1971 c.316 §14; 1987 c.919 §32; 1991 c.686
§10; 1995 s.s. c.3 §39h; 1996 c.9 §10; 1999 c.1051 §317] (1) In addition to any other penalty
provided by law, any person who fails to comply with any of the following
may incur a civil penalty in the amount adopted under ORS 527.685:

(a) The requirements of ORS 527.670, 527.676, 527.740, 527.750 or
527.755.

(b) The terms or conditions of any order of the State Forester
issued in accordance with ORS 527.680.

(c) Any rule or standard of the State Board of Forestry adopted or
issued pursuant to ORS 527.710.

(d) Any term or condition of a written waiver, or prior approval
granted by the State Forester pursuant to the rules adopted under ORS
527.710.

(2) Imposition or payment of a civil penalty under this section
shall not be a bar to actions alleging trespass under ORS 105.810, nor to
actions under ORS 161.635 or 161.655 seeking to recover an amount based
on the gain resulting from individual or corporate criminal violations.
[1987 c.919 §24; 1995 s.s. c.3 §39i; 1996 c.9 §11; 2003 c.740 §6]

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