Chapter 355 Oregon Laws 1999

Session Law

AN ACT

SB 226

Relating to fire protection program; amending ORS 476.320, 477.001, 477.066, 477.085, 477.250, 477.260, 477.265, 477.270, 477.295, 477.320, 477.325, 477.360, 477.406, 477.515, 477.540 and 477.610; and repealing ORS 477.130 and 477.291.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 476.320 is amended to read:

476.320. (1) The form of protection from fire for lands lying in zone 1 shall be determined jointly by the governing body of the county, the State Fire Marshal and the State Board of Forestry, which determination shall be reduced to writing, signed by the officers of the agencies and entered in the journal of the governing body of the county.

(2) The authority of the State Board of Forestry may be extended to include the establishment of forest protection on lands lying within zone 1 for lands not subject to a fire protection plan under ORS 476.310. For such purposes the board of forestry may contract with individuals, associations, agencies, corporations, rural fire protection districts, counties, cities, federal agencies, or any of them. The cost of protection in zone 1 shall be assessed and collected in the same manner as protection costs for lands protected under ORS chapter 477.

(3) The moneys received by the State Board of Forestry under this section shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used exclusively for the purposes stated in this section.

(4) As used in this section, the "authority of the State Board of Forestry" means the duties, obligations, requirements and penalties of ORS chapter 477.

SECTION 2. ORS 477.001 is amended to read:

477.001. As used in this chapter, unless the context otherwise requires:

(1) "Additional fire hazard" means a hazard that has been determined to exist by the forester pursuant to ORS 477.580.

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

(3) "Campfire" means any open fire used for cooking, personal warmth, lighting, ceremonial or aesthetic purposes that is hand built and that is not associated with any debris disposal activities.

(4) "Department" means the State Forestry Department.

(5) "District" means a forest protection district organized under ORS 477.225.

(6) "Every reasonable effort" means the use of the reasonably available personnel and equipment under the supervision and control of an owner or operator usually and customarily used in the forest industry to fight fire, which are needed to fight the fire and which can be brought to bear on the fire in a timely fashion.

(7) "Fire season" means a period designated pursuant to ORS 477.505.

(8) "Fiscal year" means the period beginning on July 1 of any year and ending on June 30 of the next year.

(9) "Forestland" means any woodland, brushland, timberland, grazing land or clearing[, which] that, during any time of the year, contains enough forest growth, slashing or vegetation to constitute, in the judgment of the forester, a fire hazard, regardless of how the land is zoned or taxed. As used in this subsection, "clearing" means any grassland, improved area, lake, meadow, mechanically or manually cleared area, road, rocky area, stream or other similar forestland opening that is surrounded by or contiguous to forestland and that has been included in areas classified as forestland under ORS 526.305 to 526.370.

(10) "Forest patrol assessment" means the costs levied and assessed under ORS 477.270.

(11) "Forest protective association" or "association" means an association, group or agency composed of owners of forestlands, organized for the purpose of protecting such forestlands from fire.

(12) "Forest resource" means the various types of vegetation normally growing on Oregon's forestland, the associated harvested products and the associated residue, including but not limited to brush, grass, logs, saplings, seedlings, trees and slashing.

(13) "Forester" means the State Forester or authorized representative.

(14) "Governing body" of a county means the county court or board of county commissioners.

(15) "Grazing land" is defined by ORS 477.205.

(16) "Open fire" means any outdoor fire that occurs in such a manner that combustion air is not effectively controlled and combustion products are not effectively vented through a stack or chimney.

(17) "Operation" means any industrial activity, any development or any improvement on forestland inside or within one-eighth of one mile of a forest protection district, including but not limited to the harvesting of forest tree species, the clearing of land, the use of power-driven machinery and the use of fire, excluding, however, the culture and harvesting of agricultural crops.

(18) "Operation area" means the area on which an operation is being conducted and the area on which operation activity may have resulted in the ignition of a fire.

(19) "Operation in progress" means that time when workers are on an operation area for the purpose of an operation, including the period of time when watchmen are required to be on the operation area pursuant to ORS 477.665.

(20) "Operator" means any person who, either personally or through employees, agents, representatives or contractors, is carrying on or has carried on any operation.

(21) "Owner" means an individual, a combination of individuals, a partnership, a corporation, the State of Oregon or a political subdivision thereof, or an association of any nature that holds an ownership interest in land.

(22) "Political subdivision" includes, but is not limited to, counties, cities and special districts.

(23) "Rangeland" is defined by ORS 477.315.

(24) "Routine road maintenance" is defined by ORS 477.625.

(25) "Side" means any single unit of a logging operation employing power-driven machinery.

(26) "Slashing" means the forest debris or refuse on any forestland resulting from the cutting, killing, pruning, severing or removal of brush, trees or other forest growth.

(27) "State Forester" means the person appointed State Forester pursuant to ORS 526.031 or the person serving in the position on an interim or delegated basis.

(28) "Summit of the Cascade Mountains" is considered to be a line beginning at the intersection of the northern boundary of the State of Oregon and the western boundary of Wasco County; thence southerly along the western boundaries of Wasco, Jefferson, Deschutes and Klamath Counties to the southern boundary of the State of Oregon.

(29) "Timberland" is defined by ORS 477.205.

(30) "Warden" means a fire warden appointed under ORS 477.355.

SECTION 3. ORS 477.066 is amended to read:

477.066. (1) Each owner and operator of forestland on which a fire exists or from which it may have spread, notwithstanding the origin or subsequent spread thereof, shall immediately proceed to control and extinguish such fire when its existence comes to the knowledge of the owner or operator, without awaiting instructions from the forester, and shall continue until the fire is extinguished.

(2) If the forester determines the fire is either burning uncontrolled or the owner or operator does not then have readily and immediately available personnel and equipment to control or extinguish the fire, the forester, or any forest protective association or agency under contract or agreement with the State Board of Forestry for the protection of forestland against fire, and within whose protection area the fire exists, shall summarily abate the nuisance thus constituted by controlling and extinguishing the fire.

(3) An owner may request in writing that the forester employ alternate fire prevention and suppression strategies or techniques on the owner's forestland. The forester may employ some or all of the requested strategies or techniques when, in the judgment of the forester, conditions warrant the use of the alternate strategies or techniques.

SECTION 4. ORS 477.085 is amended to read:

477.085. Any person who willfully or negligently sets a fire or causes a fire to be set[, which fire burns on land inside or within one-eighth of one mile of a forest protection district, and] for which efforts to control or extinguish the fire in order to protect forestland within [the] a forest protection district from fire are exerted by the forester or any forest protective association or agency under contract or agreement with the State Board of Forestry[,] is liable for the actual costs incurred by the forester, association or agency in such efforts. The costs shall be recovered from the person liable therefor in the same manner as costs recovered under ORS 477.068.

SECTION 5. ORS 477.250 is amended to read:

477.250. (1) Not more than four weeks preceding each budget meeting, the forester shall cause notice of such meeting to be published once a week for two consecutive weeks in one or more newspapers published in or having general circulation in each of the counties in the forest protection district and in such other media of communication as the forester finds advisable. However, the final publication shall be made at least one week prior to the date of the meeting. The notice shall state the time and place where the tentative budget for the district may be inspected and shall state the time and place of the meeting.

(2) Whenever the forester determines that any privately owned land should be subject to assessment for forest protection and such land was not subject to the assessment during the preceding year, the forester shall give written notice by mail of the determination to each owner of such land not later than [May] March 1 of the year the assessment is to be made. The notice shall inform the owner of the acreage and tax lot number of the lands to be assessed and the name and address of the nearest representative of the forester the owner may contact if review of the proposed assessment is desired. The notice shall also inform the owner of the procedure for hearing and appeals prescribed in ORS 477.205 to 477.291.

SECTION 6. ORS 477.260 is amended to read:

477.260. (1) Any owner of grazing land or timberland within the boundary of the forest protection district who is adversely affected by the proposed budget may file an appeal within 30 days after the date of the public budget meeting. [Such appeal shall be filed in writing with the State Forester and reviewed by the State Board of Forestry at its meeting under ORS 477.265.]

(2) Any owner of grazing land or timberland subject to ORS 477.205 to 477.291 shall, upon request, be granted a hearing by the State Board of Forestry on any subject pertaining to the activities of the forester or board affecting the land.

[(2)] (3) Appeals and hearings shall be [reviewed] conducted by the board in accordance with rules adopted pursuant to ORS 526.016 (4).

SECTION 7. ORS 477.265 is amended to read:

477.265. [At the meeting of] The State Board of Forestry [on the first Wednesday following the first Monday in June at the offices of the State Forestry Department in Salem, the board] shall annually review the forest protection district budgets, [hear appeals from the owners of grazing land or timberland,] make any changes in the budgets that are proper and consistent with law, and pass final approval on all district budgets and the prorated acreage rates therein.

SECTION 8. ORS 477.270 is amended to read:

477.270. (1) Subject to the forest patrol assessment limitations set forth in ORS 477.230:

(a) The budgeted cost of the forester, as provided for in ORS 477.205 to 477.291, in providing protection for privately owned forestland shall be a lien upon such property, shall be reported by the forester to the governing body of the county in which the lands are situated on or after July 1 of each fiscal year, and shall be levied and collected by the governing body with the next taxes on the land in the same manner and with the same interest, penalty and cost charges as apply to ad valorem property taxes in this state. The governing body shall instruct the proper officer to extend the amounts on the assessment roll in a separate [column] account, and the procedure provided by law for the collection of taxes and delinquent taxes shall apply. Upon collection thereof, the governing body shall repay the entire amount collected to the forester.

(b) In lieu of the procedures under paragraph (a) of this subsection, the forester, under the direction of the State Board of Forestry, may make direct billing of the budgeted cost to owners of forestland and receive payment of the cost therefrom. In the event that under such billing procedures any owners fail to make payment, the unpaid budgeted cost shall become a lien against the property so billed and shall be levied and collected with the next taxes on such property as described in paragraph (a) of this subsection.

(c) The budgeted cost of the forester in providing protection for forestland owned by the state or by a political subdivision shall be paid to the forester on or before the first day of January of the fiscal year for which such protection is to be provided.

(2) Except as provided in ORS 477.230 (2), all moneys received by the forester pursuant to this section shall be paid into the State Treasury, credited to the State Forestry Department Account and used exclusively for the purposes of ORS 477.205 to 477.291.

SECTION 9. ORS 477.295 is amended to read:

477.295. (1) For purposes of making the levy and assessment of costs against forestland under ORS 477.270, the minimum cost to provide fire protection or suppression for any lot or parcel of real property separately assessed for ad valorem taxes or other taxes provided by law in lieu thereof, on the current assessment roll shall be not less than $18, except as provided in ORS 477.760. Three dollars of each minimum assessment shall be paid into the Oregon Forest Land Protection Fund. Otherwise, such assessments shall be determined under ORS 477.230 and 477.270.

(2) In any fiscal year in which the Emergency Fire Cost Committee determines the reserve base of the Oregon Forest Land Protection Fund to be more than $15 million, the minimum assessment referred to in subsection (1) of this section shall be $15 for each lot or parcel and such amount shall be treated in the same manner as assessments under ORS 477.230 and 477.270.

(3) Upon application to the forester under subsection (4) of this section, contiguous lots held under identical ownership shall be considered as one combined lot for purposes of subsection (1) of this section, except that the combined lot shall not include:

(a) A lot on which a structure has been placed or improvements made for the purpose of erecting any temporary or permanent structure;

(b) A lot that is in a subdivision containing lots that have been or are being offered for sale; or

(c) A lot that is not designated forest or agricultural land for the purpose of land use or special tax assessment purposes.

(4) To qualify under subsection (3) of this section, an owner of forestland shall make application to the forester no later than April 15 of the fiscal year preceding each fiscal year for which the owner desires the land to be assessed under subsection (3) of this section. The application shall be on a form prescribed by the State Forester. A fee of $25 per combined lot shall be paid to the forester at the time of first application for the combined lot. An additional fee of $25 per combined lot shall be paid to the forester at the time of subsequent application, if an application for the combined lot was not made for the previous fiscal year.

(5) The State Board of Forestry may adopt rules for the administration of the provisions of subsections (3) and (4) of this section.

[(5)] (6) For the purposes of this section, "lot" and "subdivision" have the meanings given those terms in ORS 92.010.

SECTION 10. ORS 477.320 is amended to read:

477.320. (1) Owners of rangeland may request the State Board of Forestry to hold a hearing on the subject of providing protection from fire for rangeland. Upon receipt of such request, the board or its authorized representative shall hold one or more public hearings in order to receive from interested persons information relating to the providing of such protection, and shall cause public notice of the time and place of each hearing to be given. The board or its authorized representatives shall keep the records of the proceedings of such hearings as public records.

(2) After the hearing referred to in subsection (1) of this section, the board[, in cooperation with interested persons,] shall determine whether the rangeland [to] should be included within a protection system[, and]. If the board determines that rangeland should be included in a rangeland protection system, the board, in cooperation with interested persons, shall establish the extent and type of protection to be provided. Such protection shall be commensurate with the values and uses of the rangeland to be protected.

(3) After proceedings under subsections (1) and (2) of this section, the forester [and the board] shall provide the type and extent of protection [of the extent and type] determined under subsection (2) of this section for rangeland determined to be included within a protection system under subsection (2) of this section. For the purpose of providing such protection, the [board] forester may enter into cooperative agreements or contracts with the owners of the rangeland, individuals, associations, corporations, road districts, rural fire protection districts or agencies of the Federal Government.

SECTION 11. ORS 477.325 is amended to read:

477.325. (1) Before June 1 each year, the owners of rangeland to be protected under ORS 477.320 (3) shall prepare in cooperation with the State Board of Forestry or its authorized representative, and submit to the board, a proposed budget for the fiscal year beginning on the next succeeding July 1. The budget shall include the proposed cost of such protection [and the pro rata cost per acre of the rangeland to be protected]. At the meeting of the board under ORS 477.265, the board shall review the budget, make any changes therein that are proper and consistent with law, and pass final approval thereon [and the prorated acreage rate therein].

(2) The cost of protection of rangeland under ORS 477.320 (3) shall be in accordance with the budget approved under subsection (1) of this section. The cost shall be collected pursuant to the cooperative agreement or contract entered into between the [board] forester and the owners of the rangeland under ORS 477.320 (3). All moneys received by the board pursuant to this subsection shall be paid into the State Treasury and credited to the State Forestry Department Account and shall be used exclusively for the purposes of ORS 477.315 to 477.325.

SECTION 12. ORS 477.360 is amended to read:

477.360. The district fire warden, under the direction of the State Forester, has charge of the fire [fighting] prevention and suppression system in the forest protection district of the warden and such other duties as are required by law and the rules of the State Board of Forestry. Any other wardens [appointed by the forester to serve] serving in the district are subject to the direction of the district fire warden.

SECTION 13. ORS 477.406 is amended to read:

477.406. (1) The forester and a forest protective association may enter into a contract or agreement with each other or, jointly or separately, with a federal or state agency, political subdivision, corporation, responsible organization or responsible landowner or group of landowners for the prevention and suppression of fire on forestland or on land other than forestland, or both, to prevent and suppress fire.

(2) Contracts and agreements under subsection (1) of this section, and all renewals and revisions thereof, must be negotiated in accordance with procedures specified by [the] rules of the [forester, and do not become valid unless approved by the] State Board of Forestry [as adequate for the purposes of subsection (1) of this section].

(3) The forester and a forest protective association may enter into a contract or agreement for the accomplishment of forestry related activities.

(4) Contracts and agreements between the forester and a forest protective association under subsections (1) and (2) of this section may include the purchase from the forester of supplies and equipment needed to provide and support fire protection services.

SECTION 14. ORS 477.515 is amended to read:

477.515. (1) It is unlawful to set or cause to be set an open fire inside or within one-eighth of one mile of a forest protection district, either on one's own land or on the land of another, without first securing a written permit for burning from the forester and complying with the conditions of the permit. In granting permits for burning:

(a) The forester may waive the requirement that permits be secured prior to burning, except during a fire season or when required under rules [promulgated] adopted pursuant to subsection (4) of this section.

(b) The forester shall prescribe conditions necessary to be observed in setting a fire and preventing it from spreading out of control.

(2) Any permit obtained through willful misrepresentation is void.

(3) To avoid confusion or duplication of administration and to promote government efficiency, the forester may enter into a cooperative agreement with a county, a city or a rural fire protection district that:

(a) Allows the forester to administer the requirements of this section, in conjunction with the enforcement authority of ORS 477.980 to 477.993, on lands not otherwise subject to the requirements of this chapter; or

(b) Allows the cooperating agency to administer the burning permit requirements of ORS chapter 476 or 478, as appropriate, including applicable enforcement authority, on lands otherwise subject to the requirements of this chapter.

(4) [Holders of permits for] All burning allowed under this section shall comply with applicable rules that may be [promulgated] adopted by the State Board of Forestry and the Department of Environmental Quality.

(5) The provisions of this section do not apply to campfires.

SECTION 15. ORS 477.540 is amended to read:

477.540. (1) The forester shall cause a notice of the closure proclaimed under ORS 477.535 to be posted [on paved state and county roads and highways entering] in conspicuous locations that are in or near the designated areas. The forester shall cause a notice of each proclamation to be published in at least one newspaper published in each forest protection district containing the designated areas. Each published notice shall describe the area, type, restrictions and effective date of closure, and the manner in which permits may be secured if the area is subject to a permit closure.

(2) The proclamation shall remain in force until the time designated therein expires or until the forester finds that the restricted use is no longer requisite and by order suspends or terminates it. A reinstatement of a closure after a suspension does not require the notices described in subsection (1) of this section.

SECTION 16. ORS 477.610 is amended to read:

477.610. (1) Notwithstanding any other law, the State Forester, in cooperation with other forest protection associations and agencies, shall carry on a continuous program for the standardization of equipment used for the protection of forestland from fire, and [from time to time shall] may issue rules, with the approval of the State Board of Forestry, for such standardization where it is the finding of the forester and board that such standardization is economically feasible [and permits greater utility in the use of such equipment].

(2) The provisions of ORS 476.410 to 476.440 shall not apply to equipment used for the protection of forestland from fire.

SECTION 17. ORS 477.130 and 477.291 are repealed.

Approved by the Governor June 28, 1999

Filed in the office of Secretary of State June 28, 1999

Effective date October 23, 1999

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