Chapter 527

 

      Chapter 527

 

ATTY. GEN. OPINIONS: Authority of State Forester to enter private lands to administer Forest Practices Act, (1978) Vol 38, p 17

 

      527.610 to 527.730

 

ATTY. GEN. OPINIONS: Authority of State Forester to enter private land without owner’s permission to administer Forest Practices Act, (1978) Vol 39, p 17; county authority to adopt reasonable zoning regulations to protect water supplies from impact of forest operations, (1980) Vol 40, p 446

 

LAW REVIEW CITATIONS: 4 EL 352 (1974); 17 EL 717, 718 (1987); 19 EL 833 (1989)

 

      527.620

 

ATTY. GEN. OPINIONS: Including compliance with Department of Environmental Quality rules in forest practice rules, (1972) Vol 35, p 1146

 

      527.630

 

ATTY. GEN. OPINIONS: Including compliance with Department of Environmental Quality rules in forest practice rules, (1972) Vol 35, p 1146

 

      527.640

 

LAW REVIEW CITATIONS: 17 EL 717, 721 (1987)

 

      527.650

 

LAW REVIEW CITATIONS: 17 EL 717, 718 (1987)

 

      527.660

 

LAW REVIEW CITATIONS: 17 EL 717, 721 (1987)

 

      527.670

 

NOTES OF DECISIONS

 

      This section does not mean that only the party who commences operation is obligated to file notice, regardless of whether that party is operator, landowner, or timber owner, and thus conviction under this section was proper where independent contractor began harvesting timber for defendant and no notice was given State Forester. State v. Alder Creek Lumber Co., Inc., 33 Or App 195, 575 P2d 1020 (1978)

 

      527.680

 

LAW REVIEW CITATIONS: 17 EL 717, 722 (1987)

 

      527.690

 

LAW REVIEW CITATIONS: 17 EL 717, 721 (1987)

 

      527.700

 

NOTES OF DECISIONS

 

      State Forestry Department is not “party” for purposes of awarding attorney fees against party that presents position without probable cause or requests hearing for improper purpose. Thomas Creek Lumber v. Board of Forestry, 188 Or App 10, 69 P3d 1238 (2003)

 

      527.710

 

ATTY. GEN. OPINIONS: Including compliance with Department of Environmental Quality rules in forest practice rules, (1972) Vol 35, p 1146

 

LAW REVIEW CITATIONS: 17 EL 717, 722 (1987)

 

      527.720

 

NOTE: Repealed September 27, 1987; ORS 527.721 enacted in lieu

 

      See annotations under ORS 527.721.

 

      527.721

 

ATTY. GEN. OPINIONS

 

Under former similar statute (ORS 527.720)

 

      Including compliance with Department of Environmental Quality rules in forest practice rules, (1972) Vol 35, p 1146

 

      527.722

 

NOTES OF DECISIONS

 

      On remand, this section preempts county regulatory authority over commercial forest operations when county concludes that both forestry and Goal 5 resources should be allowed as primary uses in the areas where they conflict. 1000 Friends of Oregon v. LCDC, 86 Or App 26, 738 P2d 215 (1987)

 

      Physical alteration of land is “auxiliary” to forest practice if alteration is subordinate activity having primary purpose of supporting or making forest practice possible. State ex rel Jackson Creek Sand Co. v. Jackson County, 147 Or App 577, 938 P2d 773 (1997), Sup Ct review denied

 

ATTY. GEN. OPINIONS: Definition of “forested lands zoned for primary uses other than the commercial growing and harvesting of forest tree species,” (1980) Vol 40, p 500

 

      527.990

 

LAW REVIEW CITATIONS: 17 EL 717, 722 (1987)