527 - Oregon Legislative Assembly · 2014. 1. 31. · INSECT AND DISEASE CONTROL; FOREST PRACTICES527.310 527.010 [Amended by 1971 c.316 §1; renumbered 527.610] 527.020 [Amended

Chapter 5272011 EDITION

Insect and Disease Control; Forest Practices

PROHIBITED ACTS527.260 Injuring forest tree of another or ex-

tracting pitch without, or in violation of,a permit prohibited; permit to extractpitch

INTEGRATED PEST MANAGEMENT527.310 Definitions for ORS 527.310 to 527.370527.315 Process components527.321 Implementation of process by State

Forester527.335 Investigations by State Forester concern-

ing pests; access to privately owned lands527.341 Forestland owners to implement strate-

gies to carry out resource managementobjectives

527.346 State Forester to assist owners unable totake action against pest

527.360 Costs of eradication; state to contribute;unpaid costs to be charge against timber;collection of charge

527.370 Disposition of receipts

OREGON FOREST PRACTICES ACT(Generally)

527.610 Short title527.620 Definitions for ORS 527.610 to 527.770527.630 Policy; rules527.640 Forest regions527.650 Forest practice committees; members;

qualifications; appointment; terms527.660 Committees to review rules527.665 Notice of reforestation requirements to be

given in forestland transfers; effect offailure to notify; damages

527.670 Commencement of operations; rules;written plan; effect of plan; notice ofchemical application; fees

527.674 Rules requiring approval of written planprohibited

527.676 Leaving snags and downed logs in harvesttype 2 or 3 units; green trees to be leftnear certain streams

527.680 Violation by operator; citation; order tocease violation; order to repair damage;temporary order where violation continu-ing; service on operator

527.683 Notice of violation527.685 Civil penalty considerations; rules527.687 Civil penalty procedure

527.690 Failure to comply with order to reforestor repair damage; estimate of cost of re-pair; notification; board authorization forrepair; cost of repair as lien upon opera-tor, timber owner or landowner

527.700 Appeals from orders of State Forester;hearing procedure; rules; stay of opera-tion

527.710 Duties and powers of board; rules; inven-tory for resource protection; consultationwith other agencies required

527.714 Types of rules; procedure; findings neces-sary; rule analysis

527.715 Rules to establish standards and proce-dures

527.721 Coordination with state and local agenciesfor review and comment on operations

527.722 Restrictions on local government adoptionof rules regulating forest operations; ex-ceptions

527.724 Forest operations to comply with air andwater pollution control rules and stan-dards; effect of violation

527.730 Conversion of forestland to other uses

(Harvest Type; Water Quality Regulation)527.736 Forest practice standards for operations

on public and private land; exceptions;rules

527.740 Harvest type 3 limitations; exceptions527.745 Reforestation of certain harvest types;

adoption of standards; rules527.750 Exceeding harvest type 3 size limitation;

conditions; rules527.755 Scenic highways; visually sensitive corri-

dors; operations restricted; exemptions527.760 Reforestation exemptions for land use

changes527.765 Best management practices to maintain

water quality; rules527.770 Good faith compliance with best manage-

ment practices not violation of waterquality standards; subsequent enforce-ment of standards

527.780 Exemption from liability for trees or de-bris left on property

527.785 Exemption from liability for large woodydebris left on property

PENALTIES527.990 Criminal penalties527.992 Civil penalties

Title 44 Page 1 (2011 Edition)

FORESTRY AND FOREST PRODUCTS


INSECT AND DISEASE CONTROL; FOREST PRACTICES 527.310

527.010 [Amended by 1971 c.316 §1; renumbered527.610]

527.020 [Amended by 1955 c.100 §1; 1957 c.33 §1; 1959c.28 §1; repealed by 1971 c.316 §15]

527.030 [Amended by 1957 c.33 §2; 1959 c.28 §2; re-pealed by 1971 c.316 §15]

527.040 [Amended by 1955 c.100 §2; repealed by 1971c.316 §15]



527.070 [Repealed by 1971 c.316 §15]527.080 [Amended by 1955 c.100 §3; 1957 c.33 §3; re-

pealed by 1959 c.28 §9]527.090 [Amended by 1955 c.100 §4; 1957 c.33 §4; re-

pealed by 1959 c.28 §9]527.091 [1959 c.28 §5; repealed by 1971 c.316 §15]527.100 [Amended by 1957 c.33 §5; repealed by 1959

c.28 §9]527.101 [1959 c.28 §6; repealed by 1971 c.316 §15]527.110 [Amended by 1955 c.100 §5; 1957 c.33 §6; 1959

c.28 §7; repealed by 1971 c.316 §15]527.120 [Repealed by 1971 c.316 §15]527.140 [Amended by 1957 c.33 §7; repealed by 1971

c.316 §15]527.150 [Repealed by 1971 c.316 §15]527.160 [Amended by 1953 c.262 §2; 1957 c.33 §8; 1959

c.28 §8; 1961 c.221 §1; 1965 c.253 §148; repealed by 1971c.316 §15]

527.170 [Amended by 1953 c.262 §2; 1961 c.221 §2;repealed by 1971 c.316 §15]

527.180 [Repealed by 1971 c.316 §15]527.190 [Amended by 1953 c.262 §2; 1955 c.100 §6;

1961 c.221 §3; repealed by 1971 c.316 §15]527.200 [Amended by 1953 c.262 §2; repealed by 1971

c.316 §15]527.210 [Repealed by 1953 c.262 §2]527.215 [1953 c.262 §3; 1955 c.100 §7; 1959 c.83 §2;

repealed by 1971 c.316 §15]527.220 [Amended by 1965 c.253 §149; repealed by

1971 c.316 §15]527.230 [Repealed by 1971 c.316 §15]527.240 [Amended by 1971 c.316 §13; renumbered

527.700]

PROHIBITED ACTS527.260 Injuring forest tree of another

or extracting pitch without, or in vio-lation of, a permit prohibited; permit toextract pitch. (1) No person shall willfullyand unlawfully:

(a) Bore or cut any forest tree belongingto another for the purpose of extractingpitch;

(b) Cut, injure or deface any such treefor 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 permitsfor the extraction of pitch from forest trees.The terms of the permits shall clearly de-scribe the area to which the extraction shall

be confined and state the precautions neces-sary, in the judgment of the State Forester,to be taken by the permittee, so that the ex-traction will not result in an increased firehazard to life and adjoining property.

(3) No person shall:(a) Bore or cut any forest tree for the

purpose of extracting pitch without havingfirst obtained a permit to do so; or

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

527.280 [1953 c.375 §24; 1957 c.654 §2; 1961 c.297 §8;1965 c.253 §83; renumbered 477.440]

527.282 [1953 c.375 §25; 1961 c.297 §9; renumbered477.445]

527.284 [1953 c.375 §26; 1957 c.309 §12; repealed by1961 c.297 §12]

527.286 [1953 c.357 §27; 1957 c.309 §13; subsection (2)of 1959 Replacement Part enacted as 1957 c.216 §1; re-pealed by 1961 c.297 §12]

527.288 [1953 c.375 §28; 1961 c.297 §10; renumbered477.450]

527.290 [1953 c.375 §29; renumbered 477.455]527.292 [1953 c.375 §30; 1961 c.297 §11; renumbered

477.460]527.294 [1961 c.689 §10; repealed by 1965 c.253 §153]

INTEGRATED PEST MANAGEMENT527.310 Definitions for ORS 527.310 to

527.370. As used in and for the purposes ofORS 527.310 to 527.370:

(1) “Control” means reduction of re-source losses or pest occurrences to an ac-ceptable level by direct and immediateapplication of effective prevention, sup-pression or eradication strategies, or anycombination thereof.

(2) “Eradication” means the implementa-tion of strategies through host or pest de-struction or removal, or by the use ofpesticides, to contain or completely eliminateexotic pests in a specific area, or both.

(3) “Exotic” means any pest that hasbeen accidentally or deliberately introducedinto an area where it does not naturally oc-cur.

(4) “Forestland” means any nonfederalland which has enough timber or forestgrowths, standing or down, to constitute, inthe judgment of the State Board of Forestry,forest pests of a nature to be harmful, detri-mental and injurious to the management ob-jectives for the site.

(5) “Integrated pest management” meansa coordinated decision-making process thatutilizes the most appropriate of all reason-ably available means, tactics or strategiesblended together to minimize the impact offorest pests in an environmentally and eco-nomically sound manner to meet site specificmanagement objectives.


527.315 FORESTRY AND FOREST PRODUCTS

(6) “Native” means any pest that isindigenous or naturally occurring in a par-ticular area.

(7) “Owner” means any person owningnonfederal forestlands or timber as shown onthe latest records of the tax collector of thecounty in which the forestlands or timber issituated. Where timber is owned entirelyseparate and apart from the land whereon itgrows or is situated, “owner” means anyperson owning such timber as shown on thelatest records of the tax collector of thecounty in which the timber is situated.

(8) “Pest” means any forest insect or dis-ease which causes or may cause damage thatprevents or interferes with management ob-jectives in a specific area.

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

(10) “Prevention” means the implementa-tion of strategies designed to minimize theimpact of a pest before an outbreak occurs,including but not limited to, release or en-hancement of natural enemies and silvicul-tural activities to increase tree vigor orotherwise reduce tree susceptibility to pestdamage. “Prevention” requires the incorpo-ration of integrated pest management intooverall forest resource management in orderto create ecological conditions unfavorablefor the reproduction or survival of pestorganisms.

(11) “Strategies” may include, but are notlimited to, physical and biological methodsand application of pesticides.

(12) “Suppression” means the implemen-tation of intervention strategies designed toreduce native pest populations to acceptablelevels necessary to meet forest resourcemanagement objectives in a specified area.[Amended by 1967 c.87 §1; 1991 c.686 §1]

527.315 Process components. The inte-grated pest management process shall consistof:

(1) Defining the management unit or areaof concern.

(2) Defining site specific management ob-jectives that are compatible with theecosystem of concern and that are achievablewithin the economic, logistical and regula-tory constraints that apply.

(3) Establishing or maintaining routinedetection and monitoring systems of majorpests and their damage through ground andaerial surveys.

(4) Evaluating forest and pest conditionson specified site.

(5) Establishing pest population thresh-olds or acceptable levels of damage, or both,but not taking action until those levels are

exceeded or where historical documentationhas verified a reoccurring problem.

(6) Developing and evaluating potentialstrategies.

(7) Considering the following in selectinga strategy:

(a) Effectiveness;(b) Operational feasibility;(c) Cost-effectiveness;(d) Ecological soundness;(e) Environmental impact; and(f) Site specific resource management ob-

jectives.(8) Implementing the strategy selected.(9) Timing actions for maximum effec-

tiveness by monitoring pest, host develop-ment and weather.

(10) Monitoring and evaluating results ofactivities and strategies.

(11) Keeping current, accurate records.(12) Structuring the program so that it

can be adjusted to meet changes or varyingsituations. [1991 c.686 §3]

527.320 [Repealed by 1991 c.686 §11]

527.321 Implementation of process byState Forester. The State Forester shallimplement the integrated pest managementprocess as provided in ORS 527.315 ondepartment-managed lands and encourage theprocess on other nonfederal lands by settingexamples on department lands and throughtraining workshops, demonstration areas andon-site technical advice. [1991 c.686 §4]

527.330 [Repealed by 1991 c.686 §11]

527.335 Investigations by StateForester concerning pests; access to pri-vately owned lands. (1) The State Forestershall conduct surveys and evaluations onnonfederal forestlands to determine the pres-ence, extent, trend and impact of native andexotic pests, as well as overall forest healthmonitoring. In so doing, the forester or rep-resentatives of the forester may go upon pri-vately owned lands with permission of therespective owners thereof, and should anyowner withhold such permission and theforester believes an emergency exists, theforester may petition that circuit court ofthis state having jurisdiction over the landsinvolved for a warrant authorizing theforester or representatives of the forester togo upon such lands. Upon petition beingmade the court shall forthwith summarilydetermine whether or not such emergencyexists, and if determining such emergencyexists, immediately issue a warrant authoriz-ing the forester or representatives of theforester to go upon such lands for the pur-poses of this section.



(2) The State Forester may cooperatewith the United States or agencies thereof,other agencies of the state, county or mu-nicipal governments, agencies of other statesor other public or private organizations orindividuals and may accept such funds,equipment, supplies or services fromcooperators and others as it may deem ap-propriate for the purposes of subsections (1)and (4) of this section.

(3) The State Forester is authorized toenter into contracts for selected services oraccept moneys from private and publicsources for the purposes stated in subsec-tions (1) and (4) of this section; provided,however, that such moneys shall be placed inthe State Forestry Department Account andshall be continuously appropriated for suchpurposes.

(4) The State Forester shall also provideon-site technical advice regarding insect anddisease management to nonfederal land own-ers who request such services. [1961 c.212 §1;1991 c.686 §7]


527.341 Forestland owners to imple-ment strategies to carry out resourcemanagement objectives. Every owner offorestlands or timber shall implement pre-vention and suppression strategies to meettheir own forest resource management objec-tives. [1991 c.686 §5]

527.346 State Forester to assist own-ers unable to take action against pest. (1)Whenever the State Forester determines, us-ing criteria approved by the State Board ofForestry, that owners are unable to take ac-tion against a pest that is threateningOregon’s economic, social and environmentalwell-being, the State Forester shall, usingfunds appropriated by the Legislative Assem-bly, declare a control district and implementthe appropriate strategy.

(2) The State Forester shall, within 15days after receiving state funds, notify inwriting all owners of forestlands within thecontrol district of the declared control proj-ect. The notice shall be served by return re-ceipt mail addressed to the last-knownaddress of the owner. In addition, there shallbe published an article describing the natureof the control district, including a legal de-scription of the area and vicinity map, atleast once a week for two consecutive weeksin a newspaper having a general circulationin the area in which the control district issituated. Other methods of notification maybe used in the future as new technology be-comes available. [1991 c.686 §6]


527.360 Costs of eradication; state tocontribute; unpaid costs to be chargeagainst timber; collection of charge. Uponcompletion of any work authorized and per-formed under the provisions of ORS 527.346,the State Forester shall prepare a certifiedstatement of the expenses necessarily in-curred in performing the work. The stateshall assist in the payment of control costsfrom funds available for that purpose. Thebalance of the expenses, after deducting thesum of such amounts as may be contributedby the state, the federal government or anyother agencies or persons to defray controlcosts, shall constitute a charge against theforestlands or timber involved and shall becollected in the same manner as forest patrolassessments under the provisions of ORSchapter 477. [Amended by 1967 c.87 §4; 1991 c.686§8]

527.370 Disposition of receipts. Allmoneys collected under ORS 527.335 and527.346, together with such moneys as havebeen and may be appropriated by the legisla-ture for the purposes of ORS 527.310 to527.370, and with such moneys as may becontributed by the federal government or anyagencies or persons, shall be placed into theState Forestry Department Account. [Amendedby 1953 c.15 §3; 1955 c.116 §2; 1957 c.83 §11; 1967 c.34 §5;1991 c.686 §9]

527.380 [Repealed by 1991 c.686 §11]527.390 [Amended by 1957 c.83 §12; repealed by 1967

c.34 §8]527.400 [Repealed by 1991 c.686 §11]527.410 [Repealed by 1957 c.83 §26]527.420 [Repealed by 1957 c.83 §26]527.430 [Repealed by 1957 c.83 §26]527.510 [Repealed by 1991 c.686 §11]527.520 [Repealed by 1975 c.771 §33]527.530 [Repealed by 1975 c.302 §15]527.540 [Repealed by 1991 c.686 §11]

OREGON FOREST PRACTICES ACT(Generally)

527.610 Short title. ORS 527.610 to527.770, 527.990 (1) and 527.992 are known asthe Oregon Forest Practices Act. [Formerly527.010; 1991 c.634 §2]

527.620 Definitions for ORS 527.610 to527.770. As used in ORS 527.610 to 527.770,527.990 and 527.992:

(1) “Board” means the State Board ofForestry.

(2) “Cumulative effects” means the im-pact on the environment which results fromthe incremental impact of the forest practicewhen added to other past, present and rea-sonably foreseeable future forest practicesregardless of what governmental agency orperson undertakes such other actions.



(3) “DBH” means the diameter at breastheight which is measured as the width of astanding tree at four and one-half feet abovethe ground, on the uphill side.

(4) “Edge of the roadway” means:(a) For interstate highways, the fence.(b) For all other state highways, the out-

ermost edge of pavement, or if unpaved, theedge of the shoulder.

(5) “Forest practice” means any opera-tion 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;(e) Disposal of slash; and(f) Removal of woody biomass.(6) “Forest tree species” means any tree

species capable of producing logs, fiber orother wood materials suitable for the pro-duction of lumber, sheeting, pulp, firewoodor other commercial forest products excepttrees grown to be Christmas trees as definedin ORS 571.505 on land used solely for theproduction of Christmas trees.

(7) “Forestland” means land that is usedfor the growing and harvesting of forest treespecies, regardless of how the land is zonedor taxed or how any state or local statutes,ordinances, rules or regulations are applied.

(8) “Harvest type 1” means an operationthat requires reforestation but does not re-quire wildlife leave trees. A harvest type 1is an operation that leaves a combinedstocking level of free to grow seedlings,saplings, poles and larger trees that is lessthan the stocking level established by ruleof the board that represents adequate utili-zation of the productivity of the site.

(9) “Harvest type 2” means an operationthat requires wildlife leave trees but does notrequire reforestation. A harvest type 2 doesnot require reforestation because it has anadequate combined stocking of free to growseedlings, 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 thanan equivalent basal area in larger trees, peracre;

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

(c) On Cubic Foot Site Class VI, fewerthan 15 11-inch DBH trees or less than an

equivalent basal area in larger trees, peracre.

(10) “Harvest type 3” means an operationthat requires reforestation and requireswildlife leave trees. This represents a levelof stocking below which the size of oper-ations is limited under ORS 527.740 and527.750.

(11) “Landowner” means any individual,combination of individuals, partnership, cor-poration or association of whatever naturethat holds an ownership interest in forest-land, including the state and any politicalsubdivision thereof.

(12) “Operation” means any commercialactivity relating to the establishment, man-agement or harvest of forest tree species ex-cept as provided by the following:

(a) The establishment, management orharvest of Christmas trees, as defined in ORS571.505, on land used solely for the produc-tion of Christmas trees.

(b) The establishment, management orharvest of hardwood timber, including butnot limited to hybrid cottonwood, that is:

(A) Grown on land that has been pre-pared by intensive cultivation methods andthat is cleared of competing vegetation forat least three years after tree planting;

(B) Of a species marketable as fiber forinclusion in the furnish for manufacturingpaper products;

(C) Harvested on a rotation cycle that is12 or fewer years after planting; and

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

(c) The establishment, management orharvest of trees actively farmed or culturedfor the production of agricultural tree crops,including nuts, fruits, seeds and nurserystock.

(d) The establishment, management orharvest of ornamental, street or park treeswithin an urbanized area, as that term is de-fined in ORS 221.010.

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

(f) The establishment or management oftrees intended to mitigate the effects of agri-cultural practices on the environment or fishand wildlife resources, such as trees that areestablished or managed for windbreaks,riparian filters or shade strips immediatelyadjacent to actively farmed lands.

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



(13) “Operator” means any person, in-cluding a landowner or timber owner, whoconducts an operation.

(14) “Single ownership” means ownershipby an individual, partnership, corporation,limited liability company, trust, holding com-pany or other business entity, including thestate or any political subdivision thereof.Single ownership includes ownership heldunder different names or titles where thesame individual or individuals, or their heirsor assigns, are shareholders (other thanthose of public corporations whose stock istraded on the open market), partners, busi-ness trustees or officers, or otherwise havean interest in or are associated with eachproperty.

(15) “State Forester” means the StateForester or the duly authorized represen-tative of the State Forester.

(16) “Suitable hardwood seedlings” meansany hardwood seedling that will eventuallyyield logs or fiber, or both, sufficient in sizeand quality for the production of lumber,plywood, pulp or other forest products.

(17) “Timber owner” means any individ-ual, combination of individuals, partnership,corporation or association of whatever na-ture, other than a landowner, that holds anownership interest in any forest tree specieson forestland.

(18) “Visually sensitive corridor” meansforestland extending outward 150 feet, meas-ured on the slope, from the outermost edgeof the roadway of a scenic highway referredto in ORS 527.755, along both sides for thefull length of the highway.

(19) “Wildlife leave trees” means trees orsnags required to be retained as described inORS 527.676 (1).

(20) “Written plan” means a documentprepared by an operator, timber owner orlandowner that describes how the operationis planned to be conducted. [1971 c.316 §3; 1987c.919 §9; 1991 c.547 §1; 1991 c.634 §3; 1991 c.919 §1; 1995s.s. c.3 §39; 1996 c.9 §2; 1999 c.59 §166; 2001 c.451 §1; 2003c.740 §2; 2011 c.276 §6]

527.630 Policy; rules. (1) Forests makea vital contribution to Oregon by providingjobs, products, tax base and other social andeconomic benefits, by helping to maintainforest tree species, soil, air and water re-sources and by providing a habitat for wild-life and aquatic life. Therefore, it is declaredto be the public policy of the State of Oregonto encourage economically efficient forestpractices that ensure the continuous growingand harvesting of forest tree species and themaintenance of forestland for such purposesas the leading use on privately owned land,consistent with sound management of soil,air, water, fish and wildlife resources and

scenic resources within visually sensitivecorridors as provided in ORS 527.755 and toensure the continuous benefits of those re-sources for future generations of Oregonians.

(2) It is recognized that operations onforestland are already subject to other lawsand to regulations of other agencies whichdeal primarily with consequences of such op-erations rather than the manner in whichoperations are conducted. It is further re-cognized that it is essential to avoid uncer-tainty and confusion in enforcement andimplementation of such laws and regulationsand in planning and carrying out operationson forestlands.

(3) To encourage forest practices imple-menting the policy of ORS 527.610 to 527.770and 527.990 and 527.992, it is declared to bein the public interest to vest in the StateBoard of Forestry exclusive authority to de-velop and enforce statewide and regionalrules pursuant to ORS 527.710 and to coordi-nate with other state agencies and localgovernments which are concerned with theforest environment.

(4) The board may adopt and enforcerules addressing scenic considerations onlyin accordance with ORS 527.755.

(5) The board shall adopt and enforceforest practice rules to reduce the risk ofserious bodily injury or death from a rapidlymoving landslide only in accordance withORS 527.710 (10). As used in this subsection,“rapidly moving landslide” has the meaninggiven in ORS 195.250.

(6) The State of Oregon should provide astable regulatory environment to encourageinvestment 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]

527.640 Forest regions. The State Boardof Forestry shall establish a number of forestregions, but not less than three, necessary toachieve the purposes described in ORS527.630. [1971 c.316 §6]

527.650 Forest practice committees;members; qualifications; appointment;terms. (1) The State Board of Forestry shallestablish a forest practice committee foreach forest region established pursuant toORS 527.640. Each such committee shallconsist of nine members, a majority of whommust reside in the region. Members of eachcommittee shall be qualified by education orexperience in natural resource managementand not less than two-thirds of the membersof each committee shall be private landown-ers, private timber owners or authorized rep-resentatives of such landowners or timberowners who regularly engage in operations.

(2) Members of forest practice commit-tees shall be appointed by the board for



three-year terms. If there is a vacancy forany cause, the board shall make an appoint-ment to become immediately effective for theunexpired term. Each such committee shallselect a chairperson from among its mem-bers. A staff member of the State ForestryDepartment shall be designated by the StateForester to serve as the secretary, withoutvoting power, for each such committee. [1971c.316 §7; 2005 c.22 §377]

527.660 Committees to review rules.Each forest practice committee shall reviewproposed forest practice rules in order to as-sist the State Board of Forestry in develop-ing rules appropriate to the forest conditionswithin its region. Committee recommen-dations are advisory only and the committeesneed not be consulted prior to the adoptionof any forest practice rule. [1971 c.316 §8; 1987c.919 §11]

527.662 [1997 c.413 §4; 1999 c.849 §105; 2003 c.75 §93;repealed by 2003 c.539 §37]

527.665 Notice of reforestation re-quirements to be given in forestlandtransfers; effect of failure to notify;damages. (1) In any transaction for theconveyance of an ownership interest in for-estland, the transferor must provide to thetransferee, prior to the date of execution ofthe conveyance, written notice of any refor-estation requirements imposed upon the landpursuant to the Oregon Forest Practices Act.

(2) The failure of the transferor to com-ply with subsection (1) of this section doesnot invalidate an instrument of conveyanceexecuted in the transaction. However, forany such failure the transferee may bringagainst the transferor an appropriate actionto recover the costs of complying with thereforestation requirements. The court mayaward reasonable attorney fees to the pre-vailing party in an action brought under theprovisions of this section. [1983 c.759 §4; 1995c.618 §79]

527.670 Commencement of operations;rules; written plan; effect of plan; noticeof chemical application; fees. (1) The StateBoard of Forestry shall designate the typesof operations for which notice shall be re-quired under this section.

(2) The board shall identify by rule thetypes of operations that require a writtenplan.

(3) In addition to any other types of op-erations identified by the board, the boardshall adopt rules to require a written planfor the following:

(a) An operation that occurs within 100feet of a stream determined by the StateForester to be used by fish or for domesticuse, unless:

(A) The board, by rule, provides that awritten plan is not required because the op-eration will be conducted according to ageneral vegetation retention prescription de-scribed in administrative rule;

(B) The operation will not directly affectthe riparian management area and the StateForester, acting under authority granted bya board rule, waives the written plan re-quirement; or

(C) The operation will be conducted pur-suant to a stewardship agreement enteredinto under ORS 541.423.

(b) An operation that occurs within 100feet of a resource site that is inventoriedunder ORS 527.710 (3) as a significantwetland but is not classified by board rule asan estuary, unless:

(A) The board, by rule, provides that awritten plan is not required because the op-eration will be conducted according to ageneral vegetation retention prescription de-scribed in administrative rule;

(B) The operation will not directly affectthe riparian management area and the StateForester, acting under authority granted bya board rule, waives the written plan re-quirement; or

(C) The operation will be conducted pur-suant to a stewardship agreement enteredinto under ORS 541.423.

(c) An operation that occurs within 300feet of a resource site inventoried under ORS527.710 (3), other than a site described inparagraph (b) of this subsection, unless theoperation:

(A) Will be conducted pursuant to astewardship agreement entered into underORS 541.423; and

(B) Is consistent with the purposes andpolicies of any relevant Safe Harbor Agree-ments or Candidate Conservation Agree-ments entered into between the State ofOregon and agencies of the United StatesGovernment, pursuant to the federal Endan-gered Species Act of 1973 (P.L. 93-205, 16U.S.C. 1531 et seq.) and federal regulations.

(4) The distances set forth in subsection(3) of this section are solely for the purposeof defining an area within which a hearingmay be requested under ORS 527.700 and notthe area to be protected by the board’s rulesadopted pursuant to ORS 527.710 (3)(c).

(5) For the purpose of determining thedistances set forth in subsection (3) of thissection “site” means the specific resourcesite and not any additional buffer area.

(6) An operator, timber owner or land-owner, before commencing an operation,shall notify the State Forester. The notifica-tion shall be on forms provided by the State



Forester and shall include the name and ad-dress of the operator, timber owner andlandowner, the legal description of the oper-ating area, and any other information con-sidered by the State Forester to be necessaryfor the administration of the rules promul-gated by the board pursuant to ORS 527.710.Promptly upon receipt of such notice, theState Forester shall provide a copy of thenotice to whichever of the operator, timberowner or landowner did not submit the no-tification. The State Forester shall provide acopy of notices involving chemical applica-tions to persons within 10 miles of thechemical application who hold downstreamsurface water rights pursuant to ORS chap-ter 537, if such a person has requested thatnotification in writing. The board shall adoptrules specifying the information to be con-tained in the notice. All information filedwith the State Forester pertaining to chemi-cal applications shall be public record.

(7) An operator, timber owner or land-owner that filed an original notification shallnotify the State Forester of any subsequentchange in the information contained in thenotification.

(8) Within six working days of receipt ofa notice or a written plan filed under sub-section (6) or (7) of this section, the StateForester shall make a copy of the notice orwritten plan available to any person who re-quested of the State Forester in writing thatthe person be provided with copies of noticeand written plan and who has paid any ap-plicable fee established by the State Foresterfor such service. The State Forester may es-tablish a fee for providing copies of noticesand written plans under this subsection notto exceed the actual and reasonable costs. Inaddition, the State Forester shall provide acopy of the notification to the Departmentof Revenue and the county assessor for thecounty in which the operation is located, attimes and in a manner determined throughwritten cooperative agreement by the partiesinvolved.

(9) Persons may submit written com-ments pertaining to the operation to theState Forester within 14 calendar days of thedate the notice or written plan was filed withthe State Forester under subsection (2), (6)or (7) of this section. Notwithstanding theprovisions of this subsection, the StateForester may waive any waiting period foroperations not requiring a written plan un-der subsection (3) of this section, exceptthose operations involving aerial applicationof chemicals.

(10) If an operator, timber owner orlandowner is required to submit a writtenplan of operations to the State Forester un-der subsection (3) of this section:

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

(b) The State Forester may not provideany comments concerning the written planearlier than 14 calendar days following thedate that the written plan was filed with theState Forester nor later than 21 calendardays following the date that the written planwas filed; and

(c) Provided that notice has been pro-vided as required by subsection (6) of thissection, the operation may commence on thedate that the State Forester provides com-ments or, if no comments are provided withinthe time period established in paragraph (b)of this subsection, at any time after 21 cal-endar days following the date that the writ-ten plan was filed.

(11)(a) Comments provided by the StateForester, or by the board under ORS 527.700(6), to the person who submitted the writtenplan are for the sole purpose of providingadvice to the operator, timber owner orlandowner regarding whether the operationdescribed in the written plan is likely tocomply with ORS 527.610 to 527.770 andrules adopted thereunder. Comments pro-vided by the State Forester or the board donot constitute an approval of the writtenplan or operation.

(b) If the State Forester or the boarddoes not comment on a written plan, thefailure to comment does not mean that anoperation carried out in conformance withthe written plan complies with ORS 527.610to 527.770 or rules adopted thereunder nordoes the failure to comment constitute a re-jection of the written plan or operation.

(c) If the State Forester or board deter-mines that an enforcement action may beappropriate concerning the compliance of aparticular operation with ORS 527.610 to527.770 or rules adopted under ORS 527.610to 527.770, the State Forester or board shallconsider, but are not bound by, commentsthat the State Forester provided under thissection or comments that the board providedunder ORS 527.700.

(12) If the operation is required underrules described in subsection (3) of this sec-tion to have a written plan and commentshave been timely filed under subsection (9)of this section pertaining to the operationrequiring a written plan, the State Forestershall:

(a) Provide a copy of the State Forester’sreview and comments, if any, to persons whosubmitted timely written comments undersubsection (9) of this section pertaining tothe operation; and



(b) Provide to the operator, timber ownerand landowner a copy of all timely commentssubmitted under subsection (9) of this sec-tion. [1971 c.316 §9; 1987 c.919 §12; 1991 c.634 §5; 1991c.919 §11; 1995 s.s. c.3 §39a; 1996 c.9 §3; 1997 c.413 §1; 2003c.539 §39; 2003 c.740 §3; 2007 c.608 §5; 2011 c.54 §1]

527.674 Rules requiring approval ofwritten plan prohibited. The State Boardof Forestry may not adopt or enforce a ruleunder ORS 527.610 to 527.770 that requiresthat the board or the State Forester approvewritten plans as a required precedent toconducting a forest practice or operation.[2003 c.740 §13]

527.675 [1995 s.s. c.3 §39g; repealed by 1996 c.9 §8(527.676 enacted in lieu of 527.675)]

527.676 Leaving snags and downedlogs in harvest type 2 or 3 units; greentrees to be left near certain streams. (1)In order to contribute to the overall mainte-nance of wildlife, nutrient cycling, moistureretention and other resource benefits of re-tained wood, when a harvest type 2 unit ex-ceeding 25 acres or harvest type 3 unitexceeding 25 acres occurs the operator shallleave on average, per acre harvested, atleast:

(a) Two snags or two green trees at least30 feet in height and 11 inches DBH orlarger, at least 50 percent of which areconifers; and

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

(2) In meeting the requirements of thissection, the operator has the sole discretionto determine the location and distribution ofwildlife leave trees, including the ability toleave snags, trees and logs in one or moreclusters rather than distributed throughoutthe unit and, if specifically permitted by theState Board of Forestry by rule, to meet thewildlife leave tree requirements by countingsnags, trees or logs otherwise required to beleft in riparian management areas or re-source 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 theState Board of Forestry or the StateForester; and

(c) All other requirements pertaining toforest operations.

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

(a) Shall consult with the operator con-cerning the selection of wildlife leave treeswhen the State Forester believes that re-

taining certain trees or groups of trees wouldprovide increased benefits to wildlife.

(b) May approve alternate plans submit-ted by the operator to meet the provisions ofthis section, including but not limited towaiving:

(A) The requirement that at least 50 per-cent of wildlife leave trees be conifers, upona showing that a site is being intensivelymanaged for hardwood production; and

(B) In whole or in part, the requirementsof this section for one operation if an alter-nate plan provides for an equal or greaternumber of wildlife leave trees in anotherharvest type 2 or harvest type 3 operation,that the State Forester determines wouldachieve better overall benefits for wildlife.

(c) May require, for operations adjacentto a fish-bearing or domestic use stream, inaddition to trees otherwise required to be leftin riparian management areas, up to 25 per-cent of the green trees required to be re-tained under this section to be left in oradjacent to the riparian management area ofthe stream.

(d) May require by rule, for operationsadjacent to a small, nonfish-bearing streamsubject to rapidly moving landslides as de-fined in ORS 195.250, that available greentrees and snags be left in or adjacent to thestream. The operator must leave availablegreen trees and snags under this paragraphwithin an area that is 50 feet on each sideof the stream and no more than 500 feet up-stream from a riparian management area ofa fish-bearing stream.

(4) When a harvest type 2 or harvest type3 unit occurs adjacent to a prior harvest type2 or harvest type 3 unit, resulting in a com-bined total contiguous acreage of harvesttype 2 or harvest type 3 under single owner-ship exceeding 25 acres, the wildlife leavetree and downed log requirements of subsec-tion (1) of this section apply to the combinedtotal contiguous acreage. [1996 c.9 §9 (enacted inlieu of 527.675); 2001 c.340 §1]

527.680 Violation by operator; citation;order to cease violation; order to repairdamage; temporary order where violationcontinuing; service on operator. (1)Whenever the State Forester determines thatan operator has committed a violation underORS 527.990 (1), the State Forester may issueand serve a citation upon the operator orauthorized representative. The State Forestershall cause a copy of the citation to bemailed or delivered to the timber owner andlandowner. Whenever the State Forester de-termines that the landowner has failed tocomply with the reforestation rules underORS 527.710, the State Forester may issueand serve a citation upon the landowner or



authorized representative. Each citation is-sued under this section shall specify the na-ture of the violation charged and any damageor unsatisfactory condition that has occurredas the result of such violation.

(2) Whenever a citation is served pursu-ant to subsection (1) of this section, the StateForester:

(a) Shall issue and serve upon the land-owner or operator or authorized represen-tative an order directing that the landowneror operator cease further violation. If theorder is served upon an operator, the StateForester shall cause a copy of such order tobe mailed or delivered to the timber ownerand landowner; and

(b) May issue and serve an order uponthe landowner or operator and shall cause acopy of such order to be mailed or deliveredto the timber owner and landowner, directingthe landowner or operator, where practicaland economically feasible, to make reason-able efforts to repair the damage or correctthe unsatisfactory condition specified in thecitation within a period specified by theState Forester.

(3) In the event the order issued undersubsection (2)(a) of this section has not beencomplied with, and the violation specified insuch order is resulting in continuing damage,the State Forester by temporary order, maydirect the landowner or operator to ceaseany further activity in that portion of theoperation that is resulting in such damage.Such temporary order shall be in effect untilthe date of the expiration of the period asprescribed in subsection (4) of this section oruntil the date that the violation ceases,whichever date occurs first.

(4) A temporary order issued under sub-section (3) of this section shall be servedupon the landowner or operator or author-ized representative, and the State Forestershall cause a copy of such temporary orderto be mailed or delivered to the operator,timber owner and landowner. If requested bythe operator, timber owner or landowner, theState Board of Forestry, following the appealprocedures of ORS 527.700, must hold ahearing on the temporary order within fiveworking days after the receipt by the boardof the request. A temporary order issued andserved pursuant to subsection (3) of this sec-tion shall remain in effect not more than fiveworking days after such hearing unless theorder is sooner affirmed, modified or revokedby the board.

(5) If a landowner or operator fails tocomply with a final order issued under sub-section (2)(b) of this section within the timespecified in the order, or if the landowner oroperator fails to comply with a final orderimposing civil penalties for violation of any

provision of the Oregon Forest Practices Act,the State Forester may issue an order thatprohibits the affected landowner or operatorfrom conducting any new operations on anyforestland in this state until the landowneror operator has complied with the order tocorrect an unsatisfactory condition, makerepair or pay the civil penalty, as the casemay be, to the satisfaction of the StateForester. [1971 c.316 §10; 1983 c.759 §1; 1997 c.306 §1]

527.683 Notice of violation. (1) No civilpenalty prescribed in ORS 527.992 shall beimposed until the person incurring the pen-alty has received notice in writing from theState Forester specifying the violation. Suchnotice is in addition to the notice required inORS 183.745.

(2) The citation issued pursuant to ORS527.680 (1) and the order issued pursuant toORS 527.680 (2)(b) shall each constitute thenotice required by subsection (1) of this sec-tion. [1987 c.919 §25; 1991 c.734 §48]

527.685 Civil penalty considerations;rules. (1) The State Board of Forestry shallby rule establish the amount of civil penaltythat may be imposed for a particular vio-lation. Except as provided in subsection (5)of this section, no civil penalty shall exceed$5,000 per violation.

(2) In imposing a penalty authorized bythis section, the State Forester may considerthe following factors:

(a) The past history of the person incur-ring a penalty in taking all feasible steps orprocedures necessary or appropriate to cor-rect any violation.

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

(c) The gravity and magnitude of the vi-olation.

(d) Whether the violation was repeatedor continuous.

(e) Whether the cause of the violationwas an unavoidable accident, negligence oran intentional act.

(f) The size and type of ownership of theoperation.

(g) Any relevant rule of the board.(h) The violator’s cooperativeness and ef-

forts to correct the violation.(3) The penalty imposed under this sec-

tion may be remitted or mitigated upon suchterms and conditions as the board determinesto be proper and consistent with the publicbenefit. Upon the request of the person in-curring the penalty, the board shall considerevidence of the economic and financial con-dition of the person in determining whethera penalty shall be remitted or mitigated.



(4) The board, by rule, may delegate tothe State Forester upon such conditions asdeemed necessary, all or part of the author-ity of the board provided in subsection (3) ofthis section to assess, remit or mitigate civilpenalties.

(5) For a violation of ORS 527.745, orrules for reforestation adopted pursuant toORS 527.745, the State Forester may imposea civil penalty in an amount equal to the es-timated cost of reforesting lands pursuant toORS 527.690. [1987 c.919 §26; 2007 c.214 §1]

527.687 Civil penalty procedure. (1)Subject to the notice provisions of ORS527.683, any civil penalty under ORS 527.992shall be imposed in the manner provided inORS 183.745.

(2) In no case shall a hearing requestedunder ORS 183.745 be held less than 45 daysfrom the date of service of the notice ofpenalty to allow the party to prepare testi-mony. The hearing shall be held not morethan 180 days following issuance of the no-tice unless all parties agree on an extension.

(3) Hearings under this section shall beconducted by an administrative law judgeassigned from the Office of AdministrativeHearings established under ORS 183.605.

(4) Except as provided in subsection (5)of this section, all civil penalties recoveredunder ORS 527.610 to 527.770, 527.990 and527.992 shall be paid to the General Fund.

(5) Civil penalties recovered under ORS527.685 (5) shall be deposited in the StateForestry Department Account under ORS526.060 and used, consistently with ORS527.690, by the State Forester to reforest theland that is the subject of a violation of ORS527.745 or rules for reforestation adoptedpursuant to ORS 527.745. Civil penalties de-scribed in this subsection that exceed thecosts of reforestation shall be paid to theGeneral Fund. [1987 c.919 §27; 1991 c.634 §6; 1991c.734 §121; 1995 s.s. c.3 §39k; 1996 c.9 §13; 1999 c.849§§107,108; 2003 c.75 §45; 2007 c.214 §2]

527.690 Failure to comply with orderto reforest or repair damage; estimate ofcost of repair; notification; board au-thorization for repair; cost of repair aslien upon operator, timber owner orlandowner. (1) In the event an order issuedpursuant to ORS 527.680 (2)(b) directs therepair of damage or correction of an unsatis-factory condition, including compliance withreforestation requirements, and if the opera-tor or landowner does not comply with theorder within the period specified in such or-der and the order has not been appealed tothe State Board of Forestry within 30 days,the State Forester based upon a determi-nation by the forester of what action will

best carry out the purposes of ORS 527.630shall:

(a) Maintain an action in the CircuitCourt for Marion County or the circuit courtfor the county in which the violation oc-curred for an order requiring the landowneror operator to comply with the terms of theforester’s order or to restrain violationsthereof; or

(b) Estimate the cost to repair the dam-age or the unsatisfactory condition as di-rected by the order and shall notify theoperator, timber owner and landowner inwriting of the amount of the estimate. Uponagreement of the operator, timber owner orthe landowner to pay the cost, the StateForester may proceed to repair the damageor the unsatisfactory condition. In the eventapproval of the expenditure is not obtainedwithin 30 days after notification to the oper-ator, timber owner and landowner under thissection, the State Forester shall present tothe board the alleged violation, the estimateof the expenditure to repair the damage orunsatisfactory condition and the justificationfor the expenditure.

(2) The board shall review the matterpresented to it pursuant to subsection (1) ofthis section and shall determine whether toauthorize the State Forester to proceed torepair the damage or correct the unsatisfac-tory condition and the amount authorized forexpenditure. The board shall afford the oper-ator, timber owner or landowner the oppor-tunity to appear before the board for thepurpose of presenting facts pertaining to thealleged violation and the proposed expendi-ture.

(3) If the board authorizes the StateForester to repair the damage or correct theunsatisfactory condition, the State Forestershall proceed, either with forces of the StateForester or by contract, to repair the damageor correct the unsatisfactory condition. TheState Forester shall keep a complete accountof direct expenditures incurred, and uponcompletion of the work, shall prepare anitemized statement thereof and shall delivera copy to the operator, timber owner andlandowner. In no event shall the expendi-tures exceed the amount authorized by sub-section (2) of this section. An itemizedstatement of the direct expenditures incurredby the State Forester, certified by the StateForester, shall be accepted as prima facieevidence of such expenditures in any pro-ceeding authorized by this section. If theState Forester’s action to repair the damageor correct the unsatisfactory condition arosefrom an operation for which a bond, cashdeposit or other security was required underORS 527.760, the State Forester shall retainany applicable portion of a cash deposit and



the surety on the bond or holder of the othersecurity deposit shall pay the amount of thebond or other security deposit to the StateForester upon demand. If the amount speci-fied in the demand is not paid within 30 daysfollowing the demand, the Attorney General,upon request by the State Forester, shall in-stitute proceedings to recover the amountspecified in the demand.

(4) The expenditures in cases covered bythis section, including cases where theamount collected on a bond, deposit or othersecurity was not sufficient to cover author-ized expenditures, shall constitute a generallien upon the real and personal property ofthe operator, timber owner and landownerwithin the county in which the damage oc-curred. A written notice of the lien, contain-ing a statement of the demand, thedescription of the property upon which theexpenditures were made and the name of theparties against whom the lien attaches, shallbe certified under oath by the State Foresterand filed in the office of the county clerk ofthe county or counties in which the expend-itures were made within six months after thedate of delivery of the itemized statementreferred to in subsection (3) of this section,and may be foreclosed in the manner pro-vided in ORS chapter 88.

(5) All moneys recovered under this sec-tion shall be paid into the State ForestryDepartment Account. [1971 c.316 §11; 1981 c.757§10; 1983 c.28 §1; 1991 c.919 §12]

527.700 Appeals from orders of StateForester; hearing procedure; rules; stayof operation. (1) Any operator, timberowner or landowner affected by any findingor order of the State Forester issued underORS 527.610 to 527.770 and 527.992 may re-quest a hearing within 30 days after issuanceof the order. The hearing shall be com-menced within 14 days after receipt of therequest for hearing and a final order shall beissued within 28 days of the request for thehearing unless all parties agree to an exten-sion of the time limit.

(2) The State Board of Forestry may del-egate to the administrative law judge theauthority to issue final orders on mattersunder this section. Hearings provided underthis section shall be conducted as contestedcase hearings under ORS 183.413 to 183.470.The board may establish such rules as itdeems appropriate to carry out the provisionsof this section. Appeals from final hearingorders under this section shall be provided inORS 183.482, except that the comments ofthe board or the State Forester concerninga written plan are not reviewable orders un-der ORS 183.480.

(3) Any person adversely affected oraggrieved by an operation described in sub-

section (4) of this section may file a writtenrequest to the board for a hearing if theperson submitted written comments pertain-ing to the operation within the time limitsestablished under ORS 527.670 (9).

(4) A request for hearing may be filedunder subsection (3) of this section only if awritten plan was required by rules adoptedunder ORS 527.670 (3).

(5) A request for hearing filed undersubsection (3) of this section shall be filedwithin 14 calendar days of the date the StateForester completed review of the writtenplan and issued any comments. Copies of thecomplete request shall be served, within the14-day period, on the operator, timber ownerand landowner. The request shall include:

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

(b) A copy of the comments pertaining tothe operation that were filed by the personrequesting the hearing;

(c) A statement that shows the person isadversely affected or aggrieved by the opera-tion and has an interest which is addressedby the Oregon Forest Practices Act or rulesadopted thereunder; and

(d) A statement of facts that establishesthat the operation is of the type described inORS 527.670 (3).

(6) If the board finds that the personmaking the request meets the requirementof subsection (5)(c) of this section, the boardshall set the matter for hearing within 21calendar days after receipt of the request forhearing. The operator, timber owner andlandowner shall be allowable parties to thehearing. The person requesting the hearingmay raise, in the hearing, only those issuesthat the person raised in written commentsfiled under ORS 527.670 (9) relating to con-formity with the rules of the board. Theboard shall issue its own comments, whichmay affirm, modify or rescind comments ofthe State Forester, if any, on the writtenplan within 45 days after the request forhearing was filed, unless all parties agree toan extension of the time limit. The com-ments of the board or of the State Foresterconcerning a written plan are not reviewableorders under ORS 183.480.

(7) The board may award reasonable at-torney fees and expenses to each of the pre-vailing parties against any other party whothe board finds presented a position withoutprobable cause to believe the position waswell-founded, or made a request primarily fora purpose other than to secure appropriateaction by the board.

(8)(a) Upon the written request of a per-son requesting a hearing under subsection (3)of this section, a stay of the operation sub-



ject to the hearing may be granted upon ashowing that:

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

(B) The person requesting the stay willsuffer irreparable injury if the stay is notgranted; and

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

(b) If the board grants the stay, it shallrequire the person requesting the stay togive an undertaking which may be in theamount of the damages potentially resultingfrom the stay, but in any event shall not beless than $15,000. The board may imposeother reasonable requirements pertaining tothe grant of the stay. The board shall limitthe effect of the stay to the specific ge-ographic area or elements of the operationfor which the person requesting the stay hasdemonstrated a violation of the rules andirreparable injury under paragraph (a) of thissubsection.

(c) If the board determines in its com-ments that the written plan pertaining to theoperation for which the stay was granted islikely to result in compliance with ORS527.610 to 527.770 or the rules of the board,the board may award reasonable attorneyfees and actual damages in favor of each ofthe prevailing parties, to the extent incurredby each, against the person requesting thestay.

(9) If the board rescinds or modifies thecomments on the written plan as submittedby the State Forester pertaining to any op-eration, the board may award reasonable at-torney fees and costs against the state infavor of each of the prevailing parties.

(10) As used in this section, “person”means any individual, partnership, corpo-ration, association, governmental subdivisionor public or private organization of anycharacter. [Formerly 527.240; 1983 c.28 §2; 1987 c.919§13; 1999 c.849 §110; 2003 c.75 §94; 2003 c.740 §4; 2011 c.54§2]

527.710 Duties and powers of board;rules; inventory for resource protection;consultation with other agencies re-quired. (1) In carrying out the purposes ofORS 527.610 to 527.770, 527.990 (1) and527.992, the State Board of Forestry shalladopt, in accordance with applicable pro-visions of ORS chapter 183, rules to be ad-ministered by the State Forester establishingstandards for forest practices in each regionor subregion.

(2) The rules shall ensure the continuousgrowing and harvesting of forest tree species.Consistent with ORS 527.630, the rules shall

provide for the overall maintenance of thefollowing resources:

(a) Air quality;(b) Water resources, including but not

limited to sources of domestic drinking wa-ter;

(c) Soil productivity; and(d) Fish and wildlife.(3)(a) In addition to its rulemaking re-

sponsibilities under subsection (2) of thissection, the board shall collect and analyzethe best available information and establishinventories of the following resource sitesneeding protection:

(A) Threatened and endangered fish andwildlife species identified on lists that areadopted, by rule, by the State Fish andWildlife Commission or are federally listedunder the Endangered Species Act of 1973 asamended;

(B) Sensitive bird nesting, roosting andwatering sites;

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

(D) Significant wetlands.(b) The board shall determine whether

forest practices would conflict with resourcesites in the inventories required by para-graph (a) of this subsection. If the board de-termines that one or more forest practiceswould conflict with resource sites in the in-ventory, the board shall consider the conse-quences of the conflicting uses anddetermine appropriate levels of protection.

(c) Based upon the analysis required byparagraph (b) of this subsection, and consist-ent with the policies of ORS 527.630, theboard shall adopt rules appropriate to protectresource sites in the inventories required byparagraph (a) of this subsection.

(4) Before adopting rules under subsec-tion (1) of this section, the board shall con-sult with other agencies of this state or anyof its political subdivisions that have func-tions with respect to the purposes specifiedin ORS 527.630 or programs affected by for-est operations. Agencies and programs sub-ject to consultation under this subsectioninclude, but are not limited to:

(a) Air and water pollution programs ad-ministered by the Department of Environ-mental Quality under ORS chapters 468Aand 468B and ORS 477.013 and 477.515 to477.532;

(b) Mining operation programs adminis-tered by the Department of Geology andMineral Industries under ORS 516.010 to516.130 and ORS chapter 517;

(c) Game fish and wildlife, commercialfishing, licensing and wildlife and bird refuge



tax incentive programs administered by theState Department of Fish and Wildlife underORS 272.060 and ORS chapters 496, 498, 501,506 and 509;

(d) Park land, Willamette River Green-way, scenic waterway and recreation trailprograms administered by the State Parksand Recreation Department under ORS358.480 to 358.545, 390.310 to 390.368, 390.805to 390.925, 390.950 to 390.989 and 390.121;

(e) The programs administered by theColumbia River Gorge Commission underPublic Law 99-663 and ORS 196.110 and196.150;

(f) Removal and fill programs adminis-tered by the Department of State Lands un-der ORS 196.800 to 196.900;

(g) Federal Safe Drinking Water Actprograms administered by the Oregon HealthAuthority under ORS 448.273 to 448.990;

(h) Conservation and conservation taxincentive programs administered by the StateParks and Recreation Department underORS 273.563 to 273.591;

(i) Open space land tax incentive pro-grams administered by cities and countiesunder ORS 308A.300 to 308A.330;

(j) Water resources programs adminis-tered by the Water Resources Departmentunder ORS 536.220 to 536.540; and

(k) Pesticide control programs adminis-tered by the State Department of Agricultureunder ORS chapter 634.

(5) In carrying out the provisions of sub-section (4) of this section, the board shallconsider and accommodate the rules andprograms of other agencies to the extentdeemed by the board to be appropriate andconsistent with the purposes of ORS 527.630.

(6) The board shall adopt rules to meetthe purposes of another agency’s regulatoryprogram where it is the intent of the boardto administer the other agency’s program onforestland and where the other agency con-curs by rule. An operation performed incompliance with the board’s rules shall bedeemed to comply with the other agency’sprogram.

(7)(a) The board may enter into cooper-ative agreements or contracts necessary incarrying out the purposes specified in ORS527.630.

(b) The State Forestry Department shallenter into agreements with appropriate stateagencies for joint monitoring of the effec-tiveness of forest practice rules in protectingforest resources and water quality.

(8) If, based upon the study completedpursuant to section 15 (2)(f), chapter 919,Oregon Laws 1991, the board determines that

additional rules are necessary to protect for-est resources pursuant to ORS 527.630, theboard shall adopt forest practice rules thatreduce to the degree practicable the adverseimpacts of cumulative effects of forest prac-tices on air and water quality, soil produc-tivity, fish and wildlife resources andwatersheds. Such rules shall include a proc-ess for determining areas where adverse im-pacts from cumulative effects have occurredor are likely to occur, and may require thata written plan be submitted for harvests insuch areas.

(9)(a) The State Forester, in cooperationwith the State Department of Fish and Wild-life, shall identify streams for which restora-tion of habitat would be environmentallybeneficial. The State Forester shall select asa priority those streams where restorationefforts will provide the greatest benefits tofish and wildlife, and to streambank andstreambed stability.

(b) For those streams identified in para-graph (a) of this subsection, the StateForester shall encourage landowners to enterinto cooperative agreements with appropriatestate agencies for conduct of restoration ac-tivities.

(c) The board, in consultation with ap-propriate state agencies, shall study andidentify methods for restoring or enhancingfish and wildlife populations through resto-ration and rehabilitation of sites beneficialto fish and wildlife.

(d) The board shall adopt rules to imple-ment the findings of this subsection.

(10) In addition to its responsibilities un-der subsections (1) to (3) of this section, theboard shall adopt rules to reduce the risk ofserious bodily injury or death caused by arapidly moving landslide directly related toforest practices. The rules shall consider theexposure of the public to these safety risksand shall include appropriate practices de-signed to reduce the occurrence, timing oreffects of rapidly moving landslides. As usedin this subsection, “rapidly movinglandslide” has the meaning given that termin ORS 195.250. [1971 c.316 §5; 1987 c.919 §14a; 1989c.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; 2003c.14 §342; 2003 c.539 §40; 2003 c.740 §7; 2009 c.217 §13;2009 c.595 §983; 2011 c.83 §25; 2011 c.319 §21]

527.713 [1995 s.s. c.3 §39n; repealed by 1996 c.9 §15(527.714 enacted in lieu of 527.713)]

527.714 Types of rules; procedure;findings necessary; rule analysis. (1) Therulemaking authority of the State Board ofForestry under ORS 527.610 to 527.770 con-sists generally of the following three typesof rules:



(a) Rules adopted to implement adminis-tration, procedures or enforcement of ORS527.610 to 527.770 that support but do notdirectly regulate standards of forest prac-tices.

(b) Rules adopted to provide definitionsor procedures for forest practices where thestandards are set in statute.

(c) Rules adopted to implement the pro-visions of ORS 527.710 (2), (3), (6), (8), (9) and(10) that grant broad discretion to the boardand that set standards for forest practicesnot specifically addressed in statute.

(2) When considering the adoption of arule, and prior to the notice required pursu-ant to ORS 183.335, the board shall deter-mine which type of rule described insubsection (1) of this section is being consid-ered.

(3) If the board determines that a pro-posed rule is of the type described in subsec-tion (1)(a) or (b) of this section, or if theproposed rule is designed only to clarify themeaning of rules already adopted or to makeminor adjustments to rules already adoptedthat are of the type described in subsection(1)(c) of this section, rulemaking may proceedin accordance with ORS 183.325 to 183.410and is not subject to the provisions of thissection.

(4) If the board determines that a pro-posed rule is of the type described in subsec-tion (1)(c) of this section, and the proposedrule would change the standards for forestpractices, the board shall describe in its rulethe purpose of the rule and the level of pro-tection that is desired.

(5) If the board determines that a pro-posed rule is of the type described in subsec-tion (1)(c) of this section, including aproposed amendment to an existing rule notqualifying under subsection (3) of this sec-tion, and the proposed rule would providenew or increased standards for forest prac-tices, the board may adopt such a rule onlyafter determining that the following factsexist and standards are met:

(a) If forest practices continue to be con-ducted under existing regulations, there ismonitoring or research evidence that docu-ments that degradation of resources main-tained under ORS 527.710 (2) or (3) is likely,or in the case of rules proposed under ORS527.710 (10), that there is a substantial riskof serious bodily injury or death;

(b) If the resource to be protected is awildlife species, the scientific or biologicalstatus of a species or resource site to beprotected by the proposed rule has been doc-umented using best available information;

(c) The proposed rule reflects availablescientific information, the results of relevant

monitoring and, as appropriate, adequatefield evaluation at representative locations inOregon;

(d) The objectives of the proposed ruleare clearly defined, and the restrictionsplaced on forest practices as a result ofadoption of the proposed rule:

(A) Are to prevent harm or provide ben-efits to the resource or resource site forwhich protection is sought, or in the case ofrules proposed under ORS 527.710 (10), toreduce risk of serious bodily injury or death;and

(B) Are directly related to the objectiveof the proposed rule and substantially ad-vance its purpose;

(e) The availability, effectiveness andfeasibility of alternatives to the proposedrule, including nonregulatory alternatives,were considered, and the alternative chosenis the least burdensome to landowners andtimber owners, in the aggregate, while stillachieving the desired level of protection; and

(f) The benefits to the resource, or in thecase of rules proposed under ORS 527.710(10), the benefits in reduction of risk of seri-ous bodily injury or death, that would beachieved by adopting the rule are in propor-tion to the degree that existing practices ofthe landowners and timber owners, in theaggregate, are contributing to the overall re-source concern that the proposed rule is in-tended to address.

(6) Nothing in subsection (5) of this sec-tion:

(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 placestatements of such communications on therecord;

(d) Requires verbatim transcripts of re-cords of proceedings; or

(e) Requires depositions, discovery orsubpoenas.

(7) If the board determines that a pro-posed rule is of the type described in subsec-tion (1)(c) of this section, and the proposedrule would require new or increased stan-dards for forest practices, as part of or inaddition to the economic and fiscal impactstatement required by ORS 183.335 (2)(b)(E),the board shall, prior to the close of thepublic comment period, prepare and makeavailable to the public a comprehensiveanalysis of the economic impact of the pro-posed rule. The analysis shall include, but isnot limited to:



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

(b) An estimate of the overall statewideeconomic impact, including a change in out-put, employment and income;

(c) An estimate of the total economicimpact on the forest products industry andcommon school and county forest trust landrevenues, both regionally and statewide; and

(d) Information derived from consultationwith potentially affected landowners andtimber owners and an assessment of the eco-nomic impact of the proposed rule under awide variety of circumstances, includingvarying ownership sizes and the geographiclocation and terrain of a diverse subset ofpotentially affected forestland parcels.

(8) The provisions of this section do notapply to temporary rules adopted by theboard. [1996 c.9 §16 (enacted in lieu of 527.713); 1999c.1103 §13; 2003 c.740 §10]

Note: 527.714 was enacted into law by the Legisla-tive Assembly but was not added to or made a part ofORS chapter 527 or any series therein by legislativeaction. See Preface to Oregon Revised Statutes for fur-ther explanation.

527.715 Rules to establish standardsand procedures. The State Board of For-estry shall establish, by rule, the standardsand procedures to implement the provisionsof 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 527.760and 527.992. [1987 c.919 §28; 1991 c.919 §14]

527.720 [1971 c.316 §5a; repealed by 1987 c.919 §15(527.721 enacted in lieu of 527.720)]

527.721 Coordination with state andlocal agencies for review and commenton operations. By rule or by cooperativeagreement entered into following an oppor-tunity for public comment before the StateBoard of Forestry, the board shall provide forcoordination with appropriate state and localagencies regarding procedures to be followedfor review and comment on individual forestoperations. [1987 c.919 §16 (enacted in lieu of527.720)]

527.722 Restrictions on local govern-ment adoption of rules regulating forestoperations; exceptions. (1) Notwithstandingany provisions of ORS chapters 195, 196, 197,215 and 227, and except as provided in sub-sections (2), (3) and (4) of this section, nounit of local government shall adopt anyrules, regulations or ordinances or take anyother actions that prohibit, limit, regulate,subject to approval or in any other way af-fect forest practices on forestlands locatedoutside of an acknowledged urban growthboundary.

(2) Nothing in subsection (1) of this sec-tion prohibits local governments from adopt-

ing and applying a comprehensive plan orland use regulation to forestland to allow,prohibit or regulate:

(a) Forest practices on lands locatedwithin an acknowledged urban growthboundary;

(b) Forest practices on lands located out-side of an acknowledged urban growthboundary, and within the city limits as theyexist on July 1, 1991, of a city with a popu-lation of 100,000 or more, for which an ac-knowledged exception to an agriculture orforestland goal has been taken;

(c) The establishment or alteration ofstructures other than temporary on-sitestructures which are auxiliary to and usedduring the term of a particular forest opera-tion;

(d) The siting or alteration of dwellings;(e) Physical alterations of the land, in-

cluding but not limited to those made forpurposes of exploration, mining, commercialgravel extraction and processing, landfills,dams, reservoirs, road construction or recre-ational facilities, when such uses are notauxiliary to forest practices; or

(f) Partitions and subdivisions of theland.

(3) Nothing in subsection (2) of this sec-tion shall prohibit a local government fromenforcing the provisions of ORS 455.310 to455.715 and the rules adopted thereunder.

(4) Counties may prohibit, but in noother manner regulate, forest practices onforestlands:

(a) Located outside an acknowledged ur-ban growth boundary; and

(b) For which an acknowledged exceptionto an agricultural or forest land goal hasbeen taken.

(5) To ensure that all forest operations inthis state are regulated to achieve protectionof soil, air, water, fish and wildlife resources,in addition to all other forestlands, the Ore-gon Forest Practices Act applies to forestoperations inside any urban growth boundaryexcept in areas where a local governmenthas adopted land use regulations for forestpractices. For purposes of this subsection,“land use regulations for forest practices”means local government regulations that areadopted for the specific purpose of directinghow forest operations and practices may beconducted. These local regulations shall:

(a) Protect soil, air, water, fish and wild-life resources;

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

(c) Be developed through a public proc-ess;



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

(e) Be developed in coordination with theState Forestry Department and with noticeto the Department of Land Conservation andDevelopment.

(6) To coordinate with local governmentsin the protection of soil, air, water, fish andwildlife resources, the State Forester shallprovide local governments with a copy of thenotice or written plan for a forest operationwithin any urban growth boundary. Localgovernments may review and comment on anindividual forest operation and inform thelandowner or operator of all other regu-lations that apply but that do not pertain toactivities regulated under the Oregon ForestPractices Act.

(7) The existence or adoption by localgovernments of a comprehensive plan policyor land use regulation regulating forestpractices consistent with subsections (1) to(5) of this section shall relieve the StateForester of responsibility to administer theOregon Forest Practices Act within the af-fected area.

(8) The Director of the Department ofLand Conservation and Development shallprovide the State Forester copies of noticessubmitted pursuant to ORS 197.615, when-ever such notices concern the adoption,amendment or repeal of a comprehensiveland use regulation allowing, prohibiting orregulating forest practices. [1979 c.400 §2; 1987c.919 §17; 1991 c.919 §29; 2001 c.268 §1]

527.724 Forest operations to complywith air and water pollution control rulesand standards; effect of violation. Subjectto ORS 527.765 and 527.770, any forest oper-ations on forestlands within this state shallbe conducted in full compliance with therules and standards of the EnvironmentalQuality Commission relating to air and waterpollution control. In addition to all otherremedies provided by law, any violation ofthose rules or standards shall be subject toall remedies and sanctions available understatute or rule to the Department of Envi-ronmental Quality or the EnvironmentalQuality Commission. [1979 c.400 §3; 1991 c.919 §19]

527.725 [1975 c.185 §5; repealed by 1975 c.185 §6]

527.726 [1979 c.400 §4; 1983 c.827 §55; repealed by1987 c.919 §29]

527.730 Conversion of forestland toother uses. Nothing in the Oregon ForestPractices Act shall prevent the conversionof forestland to any other use. [1971 c.316 §12;1991 c.634 §8]

527.735 [1987 c.919 §6a; renumbered 526.156 in 1991]

(Harvest Type; Water QualityRegulation)

527.736 Forest practice standards foroperations on public and private land;exceptions; rules. (1) The standards estab-lished in ORS 527.740 to 527.750 shall be ad-ministered by the State Forester as standardsapplying to all operations in the state, in-cluding those on forestland owned by thestate or any political subdivision thereof.Pursuant to ORS 527.710 the State Board ofForestry shall adopt, repeal or amend forestpractice rules as necessary to be consistentwith and to implement the standards estab-lished in ORS 527.740 to 527.750. Except asprovided in ORS 527.714, nothing in ORS468B.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 thepowers and duties of the board to adopt, orthe State Forester to administer, all otherregulations pertaining to forest practices un-der applicable state law.

(2) Nothing in ORS 527.740 to 527.750 isintended to apply to cutting of trees that isfor growth enhancement treatments, as de-fined by the State Forester, such as thinningor precommercial thinning.

(3) The State Board of Forestry maymodify or waive the limitations and require-ments of ORS 527.676, 527.740, 527.750 and527.755 for the purposes of a bona fide re-search project conducted by:

(a) A federal agency;(b) Agencies of the executive department,

as defined in ORS 174.112;(c) An educational institution; or(d) A private landowner.(4) The State Board of Forestry may

agree as a term of a stewardship agreemententered into under ORS 541.423 to modify orwaive the limitations and requirements ofORS 527.676, 527.740, 527.750 and 527.755.

(5) The State Board of Forestry maymodify or waive the limitations and require-ments of ORS 527.676, 527.740, 527.750 and527.755 for the purpose of an operation forthe planting, growing, managing or harvest-ing of hardwood timber, including but notlimited to hybrid cottonwood, if:

(a) The timber is grown on land that hasbeen prepared by intensive cultivation meth-ods and is cleared of competing vegetationfor at least three years after planting;

(b) The timber is harvested on a rotationcycle of more than 12 years and less than 20years after planting; and

(c) The timber is subject to intensive ag-ricultural practices, including but not limitedto fertilization, cultivation, irrigation, insect



control and disease control. [1991 c.919 §3; 1993c.657 §5; 1995 s.s. c.3 §39r; 1996 c.9 §20; 2008 c.11 §1]

527.740 Harvest type 3 limitations; ex-ceptions. (1) No harvest type 3 unit withina single ownership shall exceed 120 acres insize, except as provided in ORS 527.750.

(2) No harvest type 3 unit shall be al-lowed within 300 feet of the perimeter of aprior harvest type 3 unit within a singleownership if the combined acreage of theharvest type 3 areas subject to regulationunder the Oregon Forest Practices Act wouldexceed 120 acres in size, unless the priorharvest type 3 unit has been reforested asrequired by all applicable regulations and:

(a) At least the minimum tree stockingrequired by rule is established per acre; andeither

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

(c) At least 48 months have elapsed sincethe stand was created and it is “free togrow” as defined by the State Board of For-estry.

(3) Any acreage attributable to riparianareas or to resource sites listed in ORS527.710 (3) that is located within a harvestunit shall not be counted in calculating thesize of a harvest type 3 unit.

(4) The provisions of this section shallnot apply when the land is being convertedto managed conifers or managed hardwoodsfrom brush or hardwood stands that containless than 80 square feet of basal area peracre of trees 11 inches DBH or greater orwhen the harvest type 3 results from disas-ters such as fire, insect infestation, disease,windstorm or other occurrence that the StateForester determines was beyond thelandowner’s control and has substantiallyimpaired productivity or safety on the unitor jeopardizes nearby forestland. The priorapproval of the State Forester shall be re-quired for such conversion or harvest type 3operations that exceed 120 acres in size.

(5) The provisions of this section do notapply to any operation where the operatordemonstrates to the State Forester that:

(a) The trees are subject to a cuttingright created by written contract prior toOctober 1, 1990, which provides that thetrees must be paid for regardless of whetherthe trees are cut, or subject to a cuttingright created by reservation in a deed priorto October 1, 1990; and

(b) If the provisions of this section wereapplied, the cutting right would expire beforeall the trees subject to the cutting rightcould reasonably be harvested. [1991 c.919 §4;1995 s.s. c.3 §39b; 1996 c.9 §4]

527.745 Reforestation of certain har-vest types; adoption of standards; rules.(1) The State Board of Forestry shall adoptstandards for the reforestation of harvesttype 1 and harvest type 3. Unless the boardmakes the findings for alternate standardsunder subsection (2) of this section, thestandards for the reforestation of harvesttype 1 and harvest type 3 shall include thefollowing:

(a) Reforestation, including site prepara-tion, shall commence within 12 months afterthe completion of harvest and shall be com-pleted by the end of the second planting sea-son after the completion of harvest. By theend of the fifth growing season after plantingor seeding, at least 200 healthy conifer orsuitable hardwood seedlings or lesser numberas permitted by the board by rule, shall beestablished per acre, well-distributed over thearea, which are “free to grow” as defined bythe board.

(b) Landowners may submit plans for al-ternate practices that do not conform to thestandards established under paragraph (a) ofthis subsection or the alternate standardsadopted under subsection (2) of this section,including but not limited to variances in thetime in which reforestation is to be com-menced or completed or plans to reforestsites by natural reforestation. Such alter-nate plans may be approved if the StateForester determines that the plan willachieve equivalent or better regeneration re-sults for the particular conditions of the site,or the plan carries out an authorized re-search project conducted by a public agencyor educational institution.

(2) The board, by rule, may establish al-ternate standards for the reforestation ofharvest type 1 and harvest type 3, in lieu ofthe standards established in subsection (1) ofthis section, but in no case can the boardrequire the establishment of more than 200healthy conifer or suitable hardwood seed-lings per acre. Such alternate standards maybe adopted upon finding that the alternatestandards will better assure the continuousgrowing and harvesting of forest tree speciesand the maintenance of forestland for suchpurposes, consistent with sound managementof soil, air, water, fish and wildlife resourcesbased on one or more of the following find-ings:

(a) Alternate standards are warrantedbased on scientific data concerning biolog-ically effective regeneration;

(b) Different standards are warranted forparticular geographic areas of the state dueto variations in climate, elevation, geologyor other physical factors; or



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

(3) Pursuant to ORS 527.710, the boardmay adopt definitions, procedures and furtherregulations to implement the standards es-tablished under subsection (1) of this section,without making the findings required in sub-section (2) of this section, if those proceduresor regulations are consistent with the stan-dards established in subsection (1) of thissection.

(4) The board shall encourage planting ofdisease and insect resistant species in sitesinfested with root pathogens or where plant-ing of susceptible species would significantlyfacilitate the spread of a disease or insectpest and there are immune or more tolerantcommercial species available which areadapted to the site.

(5) Notwithstanding subsections (1), (2)and (3) of this section, in order to removepotential disincentives to the conversion ofunderproducing stands, as defined by theboard, or the salvage of stands that havebeen severely damaged by wildfire, insects,disease or other factors beyond thelandowner’s control, the State Forester maysuspend the reforestation requirements forspecific harvest type 1 or harvest type 3units in order to take advantage of the For-est Resource Trust provisions, or other cost-share programs administered by the StateForester or where the State Forester is theprimary technical adviser. Such suspensionmay occur only on an individual case basis,in writing, based on a determination by theState Forester that the cost of harvest prep-aration, harvest, severance and applicableincome taxes, logging, site preparation, re-forestation and any other measures neces-sary to establish a free to grow forest standwill likely exceed the gross revenues of theharvest. The board shall adopt rules imple-menting this subsection establishing the cri-teria for and duration of the suspension ofthe reforestation requirements. [1991 c.919 §6;1993 c.562 §1; 1995 s.s. c.3 §39c; 1996 c.9 §5]

527.750 Exceeding harvest type 3 sizelimitation; conditions; rules. (1) Notwith-standing the requirements of ORS 527.740, aharvest type 3 unit within a single ownershipthat exceeds 120 acres but does not exceed240 acres may be approved by the StateForester if all the requirements of this sec-tion and any additional requirements estab-lished by the State Board of Forestry aremet. Proposed harvest type 3 units that arewithin 300 feet of the perimeter of a priorharvest type 3 unit, and that would result ina total combined harvest type 3 area undera single ownership exceeding 120 acres butnot exceeding 240 acres, may be approved by

the State Forester if the additional require-ments are met for the combined area. Noharvest type 3 unit within a single ownershipshall exceed 240 contiguous acres. No har-vest type 3 unit shall be allowed within 300feet of the perimeter of a prior harvest type3 unit within a single ownership if the com-bined acreage of the areas subject to regu-lation under the Oregon Forest Practices Actwould exceed 240 acres, unless:

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

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

(c)(A) The resultant stand of trees hasattained an average height of at least fourfeet; or

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

(2) The requirements of this section arein addition to all other requirements of theOregon Forest Practices Act and the rulesadopted thereunder. The requirements of thissection shall be applied in lieu of such otherrequirements only to the extent the require-ments of this section are more stringent.Nothing in this section shall apply to oper-ations conducted under ORS 527.740 (4) or(5).

(3) The board shall require that a planfor an alternate practice be submitted priorto approval of a harvest type 3 operation un-der this section. The board may establish byrule any additional standards applying to op-erations under this section.

(4) The State Forester shall approve theharvest type 3 operation if the proposed op-eration would provide better overall resultsin meeting the requirements and objectivesof the Oregon Forest Practices Act.

(5) The board shall specify by rule theinformation to be submitted for approval ofharvest type 3 operations under this section,including evidence of past satisfactory com-pliance with the Oregon Forest PracticesAct. [1991 c.919 §7; 1995 s.s. c.3 §39d; 1996 c.9 §6; 2003c.740 §5; 2005 c.22 §378]

527.755 Scenic highways; visually sen-sitive corridors; operations restricted;exemptions. (1) The following highways arehereby designated as scenic highways forpurposes 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 scenichighways is to provide a limited mechanismthat maintains roadside trees for the enjoy-



ment of the motoring public while travelingthrough forestland, consistent with ORS527.630, safety and other practical consider-ations.

(3) The State Board of Forestry, in con-sultation with the Department of Transpor-tation, shall establish procedures andregulations as necessary to implement therequirements of subsections (4), (5) and (6)of this section, consistent with subsection (2)of this section, including provisions for al-ternate plans. Alternate plans that modify orwaive the requirements of subsection (4), (5)or (6) of this section may be approved when,in the judgment of the State Forester, cir-cumstances exist such as:

(a) Modification or waiver is necessaryto maintain motorist safety, protect improve-ments such as dwellings and bridges, or pro-tect forest health;

(b) Modification or waiver will provideadditional scenic benefits to the motoringpublic, such as exposure of distant scenicvistas;

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

(d) The operation involves a change ofland use that is inconsistent with maintain-ing a visually sensitive corridor; or

(e) The retention of timber in a visuallysensitive corridor will result in severe eco-nomic hardship for the owner because all ornearly all of the owner’s property is withinthe visually sensitive corridor.

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

(b) Overstory trees initially required tobe left under paragraph (a) of this subsectionmay be removed when the reproductionunderstory reaches an average height of atleast 10 feet and has at least the minimumnumber of stems per acre of free to growseedlings or saplings required by the boardfor reforestation, by rule.

(c) Alternatively, when the adjacentstand, extending from 150 feet from the out-ermost edge of the roadway to 300 feet fromthe outermost edge of the roadway, has at-tained an average height of at least 10 feetand has at least the minimum number ofstems per acre of free to grow seedlings orsaplings required by the board for reforesta-tion, by rule, or at least 40 square feet ofbasal area per acre, no trees are required tobe left in the visually sensitive corridor, ortrees initially required to be left under para-graph (a) of this subsection may be removed.When harvests within the visually sensitive

corridor are carried out under this para-graph, the adjacent stand, extending from 150feet from the outermost edge of the roadwayto 300 feet from the outermost edge of theroadway, shall not be reduced below theminimum number of stems per acre of freeto grow seedlings or saplings at least 10 feettall required by the board for reforestation,by rule, or below 40 square feet of basal areaper acre until the adjacent visually sensitivecorridor has been reforested as required un-der subsection (6) of this section and thestand has attained an average height of atleast 10 feet and has at least the minimumnumber of stems per acre.

(5) Harvest areas within a visually sensi-tive corridor shall be cleared of major har-vest debris within 30 days of the completionof the harvest, or within 60 days of the ces-sation of active harvesting activity on thesite, regardless of whether the harvest oper-ation is complete.

(6) Notwithstanding the time limits es-tablished in ORS 527.745 (1)(a), when har-vesting within a visually sensitive corridorresults in a harvest type 1 or harvest type3, reforestation shall be completed by the endof the first planting season after the com-pletion of the harvest. All other provisionsof ORS 527.745 shall also apply to harvesttype 1 or harvest type 3 within visually sen-sitive corridors.

(7) Landowners and operators shall notbe liable for injury or damage caused bytrees left within the visually sensitive corri-dor for purposes of fulfilling the require-ments of this section, when carried out incompliance with the provisions of the OregonForest Practices Act.

(8) The following are exempt from thissection:

(a) Harvest on single ownerships lessthan five acres in size;

(b) Harvest within an urban growthboundary, as defined in ORS 195.060; and

(c) Harvest within zones designated forrural residential development pursuant to anexception adopted to the statewide land useplanning goals under ORS 197.732. [1991 c.919§17; 1993 c.306 §1; 1995 s.s. c.3 §39e; 1996 c.9 §7; 1997 c.249§179; 2007 c.383 §1]

527.760 Reforestation exemptions forland use changes. (1) The State Board ofForestry shall review its rules governingchanges in land use and adopt or amendrules as necessary to assure that only bonafide, established and continuously maintainedchanges from forest uses are provided an ex-emption from reforestation requirements. Theboard shall set specific time periods for thecompletion of land use conversions. Amongother factors, the board shall condition ex-



emptions from reforestation requirementsupon:

(a) Demonstrating the intended change inland use is authorized under local land useand zoning ordinances, including obtainingand maintaining all necessary land use orconstruction permits and approvals for theintended change in land use;

(b) Demonstrating progress toward thechange in land use within the time requiredfor planting of trees, and substantial com-pletion and continuous maintenance of thechange in land use in a time certain;

(c) Allowing an exemption for only thesmallest land area necessary to carry out thechange in land use, and requiring that addi-tional land area within the harvest unit re-mains subject to all applicable reforestationrequirements; and

(d) Allowing an exemption only to theextent that the proposed land use is notcompatible with the maintenance of forestcover.

(2) The board may require that, prior tocommencing an operation where a change inland use is proposed, a bond, cash deposit,irrevocable letter of credit or other securitybe filed with the State Forester in an amountdetermined by the State Forester sufficientto cover the cost of site preparation and re-forestation for the area subject to an ex-emption from reforestation due to a changein land use, and shall require that provisionsbe made for the administration and collectionon such bond or security deposit in the eventthat the change in land use is not establishedor continuously maintained within a timecertain.

(3) Nothing in this section is intended toexempt any change in land use from, nor af-fect the applicability and administration of,any planning, zoning or permitting require-ments provided under state or local laws orregulations. [1991 c.919 §8]

527.765 Best management practices tomaintain water quality; rules. (1) TheState Board of Forestry shall establish bestmanagement practices and other rules apply-ing to forest practices as necessary to insurethat to the maximum extent practicable non-point source discharges of pollutants result-ing from forest operations on forestlands donot impair the achievement and maintenanceof water quality standards established by theEnvironmental Quality Commission for thewaters of the state. Such best managementpractices shall consist of forest practicesrules adopted to prevent or reduce pollutionof waters of the state. Factors to be consid-ered by the board in establishing best man-agement practices shall include, whereapplicable, but not be limited to:

(a) Beneficial uses of waters potentiallyimpacted;

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

(c) Appropriate practices employed byother forest managers;

(d) Technical, economic and institutionalfeasibility; and

(e) Natural variations in geomorphologyand hydrology.

(2) The board shall consult with the En-vironmental Quality Commission in adoptionand review of best management practices andother rules to address nonpoint source dis-charges of pollutants resulting from forestoperations on forestlands.

(3)(a) Notwithstanding ORS 183.310 (8),upon written petition for rulemaking underORS 183.390 of any interested person oragency, the board shall review the best man-agement practices adopted pursuant to thissection. In addition to all other requirementsof law, the petition must allege with reason-able specificity that nonpoint source dis-charges of pollutants resulting from forestoperations being conducted in accordancewith the best management practices are asignificant contributor to violations of suchstandards.

(b) Except as provided in paragraph (c)of this subsection, if the board determinesthat forest operations being conducted in ac-cordance with the best management prac-tices are neither significantly responsible forparticular water quality standards not beingmet nor are a significant contributor to vio-lations of such standards, the board shall is-sue an order dismissing the petition.

(c) If the petition for review of bestmanagement practices is made by the Envi-ronmental Quality Commission, the boardshall not terminate the review without theconcurrence of the commission, unless theboard commences rulemaking in accordancewith paragraph (e) of this subsection.

(d) If a petition for review is dismissed,upon conclusion of the review, the boardshall issue an order that includes findingsregarding specific allegations in the petitionand shall state the board’s reasons for anyconclusions to the contrary.

(e) If, pursuant to review, the board de-termines that best management practicesshould be reviewed, the board shall com-mence rulemaking proceedings for that pur-pose. Rules specifying the revised bestmanagement practices must be adopted notlater than two years from the filing date ofthe petition for review unless the board, withconcurrence of the Environmental Quality



Commission, finds that special circumstancesrequire additional time.

(f) Notwithstanding the time limitationestablished in paragraph (e) of this subsec-tion, at the request of the EnvironmentalQuality Commission, the board shall takeaction as quickly as practicable to preventsignificant damage to beneficial uses identi-fied by the commission while the board isrevising its best management practices andrules as provided for in this section. [1991 c.919§20; 2003 c.75 §95; 2003 c.749 §11]

527.770 Good faith compliance withbest management practices not violationof water quality standards; subsequentenforcement of standards. A forest opera-tor conducting, or in good faith proposing toconduct, operations in accordance with bestmanagement practices currently in effectshall not be considered in violation of anywater quality standards. When the StateBoard of Forestry adopts new best manage-ment practices and other rules applying toforest operations, such rules shall apply toall current or proposed forest operationsupon their effective dates. However, nothingin this section prevents enforcement of waterquality standards against a forest operatorconducting operations after the time pro-vided in ORS 527.765 (3)(e) for adoption ofrevised best management practices if theboard either has not adopted revised man-agement practices or has not made a findingthat such revised best management practicesare not required. [1991 c.919 §21; 2003 c.749 §12]

527.780 Exemption from liability fortrees or debris left on property. (1) Alandowner is not liable in tort for any per-sonal injury, death or property damage thatarises out of the leaving of trees and otherdebris on the property of the landowner un-der the provisions of ORS 527.610 to 527.770,under any rules adopted pursuant to ORS527.610 to 527.770, or under any other law orrule requiring trees and debris to be leftupon property after logging or other activityon the land.

(2) The limitation on liability provided bythis section applies to any injury, death ordamage arising out of wildfire, erosion,flooding, diversion of waters, damage to pub-lic improvements and any other injury, deathor damage caused by trees or debris left bythe landowner.

(3) The limitation on liability provided bythis section does not apply if the injury,death or damage was caused by the inten-tional tort of the landowner or by the grossnegligence of the landowner. As used in thissubsection, “gross negligence” means negli-gence that is materially greater than themere absence of reasonable care under thecircumstances, and that is characterized by

indifference to or reckless disregard of therights of others.

(4) The limitation on liability provided bythis section is in addition to any limitationon liability provided under ORS 105.672 to105.696.

(5) The limitation on liability provided bythis section does not apply to any liabilityestablished by the provisions of ORS chapter477. [1999 c.543 §1]

527.785 Exemption from liability forlarge woody debris left on property. (1) Alandowner is not liable in tort for any per-sonal injury, death or property damage thatarises out of the leaving of large woody de-bris on the property of the landowner underthe provisions of ORS 527.610 to 527.770, un-der any rules adopted pursuant to ORS527.610 to 527.770, or under any other law orrule requiring trees and large woody debristo be left upon property after logging orother activity on the land.

(2) The limitation on liability provided bythis section applies to any injury, death ordamage arising out of wildfire, erosion,flooding, diversion of waters, damage to pub-lic improvements and any other injury, deathor damage caused by the large woody debrisleft by the landowner.

(3) The limitation on liability provided bythis section does not apply if the injury,death or damage was caused by the inten-tional tort of the landowner or by the grossnegligence of the landowner. As used in thissubsection, “gross negligence” means negli-gence that is materially greater than themere absence of reasonable care under thecircumstances, and that is characterized byindifference to or reckless disregard of therights of others.

(4) The limitation on liability provided bythis section is in addition to any limitationon liability provided under ORS 105.672 to105.696.

(5) The limitation on liability provided bythis section does not apply to any liabilityestablished by the provisions of ORS chapter477. [1999 c.863 §2]

527.800 [1985 c.347 §1; repealed by 1993 c.792 §55]527.805 [1985 c.347 §2; repealed by 1993 c.792 §55]527.810 [1985 c.347 §3; repealed by 1993 c.792 §55]

PENALTIES527.990 Criminal penalties. (1) Subject

to ORS 153.022, violation of ORS 527.670,527.676, 527.740, 527.750 or 527.755, or anyrule promulgated under ORS 527.710 is aClass A misdemeanor. Each day of operationin violation of an order issued under ORS527.680 (3) shall be deemed to be a separateoffense.



(2) Violation of ORS 527.260 (1) is a ClassA misdemeanor. Violation of ORS 527.260 (3)is a Class C misdemeanor. [Amended by 1953c.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; 2011 c.597§223]

527.992 Civil penalties. (1) In addition toany other penalty provided by law, any per-son who fails to comply with any of the fol-lowing may incur a civil penalty in theamount 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 orderof the State Forester issued in accordancewith ORS 527.680.

(c) Any rule or standard of the StateBoard of Forestry adopted or issued pursuantto ORS 527.710.

(d) Any term or condition of a writtenwaiver, or prior approval granted by theState Forester pursuant to the rules adoptedunder ORS 527.710.

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


Documents

527 - Oregon Legislative Assembly · 2014. 1. 31. · INSECT AND DISEASE CONTROL; FOREST PRACTICES527.310 527.010 [Amended by 1971 c.316 §1; renumbered 527.610] 527.020 [Amended