Chapter 527 — Pest Control; Forest Practices
2023 EDITION
PEST CONTROL; FOREST PRACTICES
FORESTRY AND FOREST PRODUCTS
PROHIBITED ACTS
527.260 Injuring forest tree of another or extracting pitch without, or in violation of, a permit prohibited; permit to extract pitch
INTEGRATED PEST MANAGEMENT
527.310 Definitions for ORS 527.310 to 527.370
527.315 Process components
527.321 Implementation of process by State Forester
527.335 Investigations by State Forester concerning pests; access to privately owned lands
527.341 Forestland owners to implement strategies to carry out resource management objectives
527.346 State Forester to assist owners unable to take 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 title
527.620 Definitions for ORS 527.610 to 527.770
527.630 Policy; rules
527.633 Conversion of forestland to other uses
527.640 Forest regions
527.650 Forest practice committees; members; qualifications; appointment; terms
527.660 Committees to review rules
527.665 Notice of reforestation requirements to be given in forestland transfers; effect of failure to notify; damages
527.670 Commencement of operations; rules; written plan; effect of plan; notice of chemical application; fees
527.672 Aerial herbicide applications
527.674 Rules requiring approval of written plan prohibited
527.676 Leaving snags and downed logs in harvest type 2 or 3 units; green trees to be left near certain streams
527.678 Wildlife food plots; rules
527.680 Violation by operator; citation; order to cease violation; order to repair damage; temporary order where violation continuing; service on operator
527.683 Notice of violation
527.685 Civil penalty considerations; rules
527.687 Civil penalty procedure
527.690 Failure to comply with order to reforest or repair damage; estimate of cost of repair; notification; board authorization for repair; cost of repair as lien upon operator, timber owner or landowner
527.700 Appeals from orders of State Forester; hearing procedure; rules; stay of operation
527.704 Program of inspections
527.706 Program of photogrammetric mapping; rules
527.710 Duties and powers of board; rules; inventory for resource protection; consultation with other agencies required
Note Post-disturbance harvest rulemaking--2022 c.33 §6
Note Tethered logging rulemaking--2022 c.33 §7
(Private Forest Accord)
527.711 Private Forest Accord rule package
Note Timeline for applicability of Private Forest Accord rule package--2022 c.33 §5
(Temporary provisions relating to the Private Forest Accord are compiled as notes following ORS 527.711)
527.712 Exemption for practices that comply with federal Endangered Species Act agreements
(Rulemaking and State and Local Government Coordination)
527.714 Types of rules; procedure; findings necessary; rule analysis
527.715 Rules to establish standards and procedures
527.721 Coordination with state and local agencies for review and comment on operations
527.722 Restrictions on local government adoption of rules regulating forest operations; exceptions
527.724 Forest operations to comply with air and water pollution control rules and standards; effect of violation
(Adaptive Management)
527.731 Adaptive management program; rules
527.732 Adaptive Management Program Committee; rules
527.733 Independent Research and Science Team; rules
527.734 Considering reports on rules relating to aquatic resources
(Harvest Type; Water Quality Regulation)
527.736 Forest practice standards for operations on public and private land; exceptions; rules
527.738 Riparian prescriptions; small forestland owner minimum option; rules
527.739 Application of restrictions related to small forestland owner minimum option; rules
527.740 Harvest type 3 limitations; exceptions
527.745 Reforestation of certain harvest types; adoption of standards; rules
527.750 Exceeding harvest type 3 size limitation; conditions; rules
527.755 Scenic highways; visually sensitive corridors; operations restricted; exemptions
527.760 Reforestation exemptions for land use changes
527.765 Best management practices to maintain water quality; rules
527.770 Good faith compliance with best management practices not violation of water quality standards; subsequent enforcement of standards
527.780 Exemption from liability for trees or debris left on property
527.785 Exemption from liability for large woody debris left on property
(Pesticide Applications by Helicopter)
527.786 Definitions
527.787 Registering to receive notice of pesticide application
527.788 Notice to State Forestry Department of proposed pesticide application
527.789 Notice to nearby recipient of proposed pesticide application
527.790 Notice to State Forestry Department prior to pesticide application
527.791 Verifying completion of pesticide application
527.792 Designation of forestland units
527.793 Failure to send notice; penalties
527.794 Department reporting system
527.795 Daily spray records; penalties
527.796 Interference with pesticide application; penalties
527.797 Limitations on pesticide applications
527.798 Reporting points of diversion
527.799 Implementing pesticide application provisions; rules
MISCELLANEOUS PRIVATE FOREST ACCORD PROVISIONS
527.820 Just compensation exemption
527.822 Reports to Legislative Assembly
Note Effect of policies on Indian tribes--2022 c.33 §50
Note Landslide modeling--2022 c.33 §10
(Temporary provisions relating to the submission of a habitat conservation plan are compiled as notes following ORS 527.822)
MISCELLANEOUS
527.840 Program of assistance related to loss of tree canopy
PENALTIES
527.990 Criminal penalties
527.992 Civil penalties
527.010 [Amended by 1971 c.316 §1; renumbered 527.610]
527.020 [Amended by 1955 c.100 §1; 1957 c.33 §1; 1959 c.28 §1; repealed by 1971 c.316 §15]
527.030 [Amended by 1957 c.33 §2; 1959 c.28 §2; repealed by 1971 c.316 §15]
527.040 [Amended by 1955 c.100 §2; repealed by 1971 c.316 §15]
527.050 [Amended by 1953 c.195 §2; 1959 c.83 §1; repealed by 1971 c.316 §15]
527.060 [Amended by 1959 c.28 §3; repealed by 1971 c.316 §15]
527.070 [Repealed by 1971 c.316 §15]
527.080 [Amended by 1955 c.100 §3; 1957 c.33 §3; repealed by 1959 c.28 §9]
527.090 [Amended by 1955 c.100 §4; 1957 c.33 §4; repealed 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 1971 c.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 ACTS
527.260 Injuring forest tree of another or extracting pitch without, or in violation of, a permit prohibited; permit to extract pitch. (1) No person shall willfully and unlawfully:
(a) Bore or cut any forest tree belonging to another for the purpose of extracting pitch;
(b) Cut, injure or deface any such tree for the purpose of taking any part of it; or
(c) Injure or destroy any such tree.
(2) The State Forester, with the consent of the owner of the land, shall issue permits for the extraction of pitch from forest trees. The terms of the permits shall clearly describe the area to which the extraction shall be confined and state the precautions necessary, in the judgment of the State Forester, to be taken by the permittee, so that the extraction will not result in an increased fire hazard to life and adjoining property.
(3) No person shall:
(a) Bore or cut any forest tree for the purpose of extracting pitch without having first obtained a permit to do so; or
(b) Willfully or negligently fail to comply with the terms of the permit. [Amended by 1995 c.79 §299]
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; renumbered 477.445]
527.284 [1953 c.375 §26; 1957 c.309 §12; repealed by 1961 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; repealed by 1961 c.297 §12]
527.288 [1953 c.375 §28; 1961 c.297 §10; renumbered 477.450]
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 MANAGEMENT
527.310 Definitions for ORS 527.310 to 527.370. As used in and for the purposes of ORS 527.310 to 527.370:
(1) “Control” means reduction of resource losses or pest occurrences to an acceptable level by direct and immediate application of effective prevention, suppression or eradication strategies, or any combination thereof.
(2) “Eradication” means the implementation of strategies through host or pest destruction or removal, or by the use of pesticides, to contain or completely eliminate exotic pests in a specific area, or both.
(3) “Exotic” means any pest that has been accidentally or deliberately introduced into an area where it does not naturally occur.
(4) “Forestland” means any nonfederal land which has enough timber or forest growths, standing or down, to constitute, in the judgment of the State Board of Forestry, forest pests of a nature to be harmful, detrimental and injurious to the management objectives for the site.
(5) “Integrated pest management” means a coordinated decision-making process that utilizes the most appropriate of all reasonably available means, tactics or strategies blended together to minimize the impact of forest pests in an environmentally and economically sound manner to meet site specific management objectives.
(6) “Native” means any pest that is indigenous or naturally occurring in a particular area.
(7) “Owner” means any person owning nonfederal forestlands or timber as shown on the latest records of the tax collector of the county in which the forestlands or timber is situated. Where timber is owned entirely separate and apart from the land whereon it grows or is situated, “owner” means any person owning such timber as shown on the latest records of the tax collector of the county in which the timber is situated.
(8) “Pest” means any forest insect or disease which causes or may cause damage that prevents or interferes with management objectives in a specific area.
(9) “Pesticide” has the meaning given that term in ORS 634.006.
(10) “Prevention” means the implementation of strategies designed to minimize the impact of a pest before an outbreak occurs, including but not limited to, release or enhancement of natural enemies and silvicultural activities to increase tree vigor or otherwise reduce tree susceptibility to pest damage. “Prevention” requires the incorporation of integrated pest management into overall forest resource management in order to create ecological conditions unfavorable for the reproduction or survival of pest organisms.
(11) “Strategies” may include, but are not limited to, physical and biological methods and application of pesticides.
(12) “Suppression” means the implementation of intervention strategies designed to reduce native pest populations to acceptable levels necessary to meet forest resource management objectives in a specified area. [Amended by 1967 c.87 §1; 1991 c.686 §1]
527.315 Process components. The integrated pest management process shall consist of:
(1) Defining the management unit or area of concern.
(2) Defining site specific management objectives that are compatible with the ecosystem of concern and that are achievable within the economic, logistical and regulatory constraints that apply.
(3) Establishing or maintaining routine detection and monitoring systems of major pests and their damage through ground and aerial surveys.
(4) Evaluating forest and pest conditions on specified site.
(5) Establishing pest population thresholds or acceptable levels of damage, or both, but not taking action until those levels are exceeded or where historical documentation has verified a reoccurring problem.
(6) Developing and evaluating potential strategies.
(7) Considering the following in selecting a strategy:
(a) Effectiveness;
(b) Operational feasibility;
(c) Cost-effectiveness;
(d) Ecological soundness;
(e) Environmental impact; and
(f) Site specific resource management objectives.
(8) Implementing the strategy selected.
(9) Timing actions for maximum effectiveness by monitoring pest, host development and weather.
(10) Monitoring and evaluating results of activities and strategies.
(11) Keeping current, accurate records.
(12) Structuring the program so that it can be adjusted to meet changes or varying situations. [1991 c.686 §3]
527.320 [Repealed by 1991 c.686 §11]
527.321 Implementation of process by State Forester. The State Forester shall implement the integrated pest management process as provided in ORS 527.315 on department-managed lands and encourage the process on other nonfederal lands by setting examples on department lands and through training workshops, demonstration areas and on-site technical advice. [1991 c.686 §4]
527.330 [Repealed by 1991 c.686 §11]
527.335 Investigations by State Forester concerning pests; access to privately owned lands. (1) The State Forester shall conduct surveys and evaluations on nonfederal forestlands to determine the presence, extent, trend and impact of native and exotic pests, as well as overall forest health monitoring. In so doing, the forester or representatives of the forester may go upon privately owned lands with permission of the respective owners thereof, and should any owner withhold such permission and the forester believes an emergency exists, the forester may petition that circuit court of this state having jurisdiction over the lands involved for a warrant authorizing the forester or representatives of the forester to go upon such lands. Upon petition being made the court shall forthwith summarily determine whether or not such emergency exists, and if determining such emergency exists, immediately issue a warrant authorizing the forester or representatives of the forester to go upon such lands for the purposes of this section.
(2) The State Forester may cooperate with the United States or agencies thereof, other agencies of the state, county or municipal governments, agencies of other states or other public or private organizations or individuals and may accept such funds, equipment, supplies or services from cooperators and others as it may deem appropriate for the purposes of subsections (1) and (4) of this section.
(3) The State Forester is authorized to enter into contracts for selected services or accept moneys from private and public sources for the purposes stated in subsections (1) and (4) of this section; provided, however, that such moneys shall be placed in the State Forestry Department Account and shall be continuously appropriated for such purposes.
(4) The State Forester shall also provide on-site technical advice regarding insect and disease management to nonfederal land owners who request such services. [1961 c.212 §1; 1991 c.686 §7]
527.340 [Amended by 1955 c.116 §1; 1967 c.87 §2; repealed by 1991 c.686 §11]
527.341 Forestland owners to implement strategies to carry out resource management objectives. Every owner of forestlands or timber shall implement prevention and suppression strategies to meet their own forest resource management objectives. [1991 c.686 §5]
527.346 State Forester to assist owners unable to take action against pest. (1) Whenever the State Forester determines, using criteria approved by the State Board of Forestry, that owners are unable to take action against a pest that is threatening Oregon’s economic, social and environmental well-being, the State Forester shall, using funds appropriated by the Legislative Assembly, declare a control district and implement the appropriate strategy.
(2) The State Forester shall, within 15 days after receiving state funds, notify in writing all owners of forestlands within the control district of the declared control project. The notice shall be served by return receipt mail addressed to the last-known address of the owner. In addition, there shall be published an article describing the nature of the control district, including a legal description of the area and vicinity map, at least once a week for two consecutive weeks in a newspaper having a general circulation in the area in which the control district is situated. Other methods of notification may be used in the future as new technology becomes available. [1991 c.686 §6]
527.350 [Amended by 1967 c.87 §3; repealed by 1991 c.686 §11]
527.360 Costs of eradication; state to contribute; unpaid costs to be charge against timber; collection of charge. Upon completion of any work authorized and performed under the provisions of ORS 527.346, the State Forester shall prepare a certified statement of the expenses necessarily incurred in performing the work. The state shall assist in the payment of control costs from funds available for that purpose. The balance of the expenses, after deducting the sum of such amounts as may be contributed by the state, the federal government or any other agencies or persons to defray control costs, shall constitute a charge against the forestlands or timber involved and shall be collected in the same manner as forest patrol assessments under the provisions of ORS chapter 477. [Amended by 1967 c.87 §4; 1991 c.686 §8]
527.370 Disposition of receipts. All moneys collected under ORS 527.335 and 527.346, together with such moneys as have been and may be appropriated by the legislature for the purposes of ORS 527.310 to 527.370, and with such moneys as may be contributed by the federal government or any agencies or persons, shall be placed into the State Forestry Department Account. [Amended by 1953 c.15 §3; 1955 c.116 §2; 1957 c.83 §11; 1967 c.34 §5; 1991 c.686 §9]
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 to 527.770, 527.990
(1) and 527.992 are known as the Oregon Forest Practices Act. [Formerly 527.010; 1991 c.634 §2]
527.620 Definitions for ORS 527.610 to 527.770. As used in ORS 527.610 to 527.770, 527.990 and 527.992:
(1) “Aquatic resource” means:
(a) A species addressed in the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, and the resources on which the species relies; or
(b) If a habitat conservation plan consistent with the Private Forest Accord Report has been approved, a species addressed in the habitat conservation plan and the resources on which the species relies.
(2) “Board” means the State Board of Forestry.
(3) “Cumulative effects” means the impact on the environment which results from the incremental impact of the forest practice when added to other past, present and reasonably foreseeable future forest practices regardless of what governmental agency or person undertakes such other actions.
(4) “DBH” means the diameter at breast height which is measured as the width of a standing tree at four and one-half feet above the ground, on the uphill side.
(5) “Edge of the roadway” means:
(a) For interstate highways, the fence.
(b) For all other state highways, the outermost edge of pavement, or if unpaved, the edge of the shoulder.
(6) “Forest practice” means any operation conducted on or pertaining to forestland, including but not limited to:
(a) Reforestation of forestland;
(b) Road construction and maintenance;
(c) Harvesting of forest tree species;
(d) Application of chemicals;
(e) Disposal of slash; and
(f) Removal of woody biomass.
(7) “Forest tree species” means any tree species capable of producing logs, fiber or other wood materials suitable for the production of lumber, sheeting, pulp, firewood or other commercial forest products except trees grown to be Christmas trees as defined in ORS 571.505 on land used solely for the production of Christmas trees.
(8) “Forestland” means land that is used for the growing and harvesting of forest tree species, regardless of how the land is zoned or taxed or how any state or local statutes, ordinances, rules or regulations are applied.
(9) “Harvest type 1” means an operation that requires reforestation but does not require wildlife leave trees. A harvest type 1 is an operation that leaves a combined stocking level of free to grow seedlings, saplings, poles and larger trees that is less than the stocking level established by rule of the board that represents adequate utilization of the productivity of the site.
(10) “Harvest type 2” means an operation that requires wildlife leave trees but does not require reforestation. A harvest type 2 does not require reforestation because it has an adequate combined stocking of free to grow seedlings, saplings, poles and larger trees, but leaves:
(a) On Cubic Foot Site Class I, II or III, fewer than 50 11-inch DBH trees or less than an equivalent basal area in larger trees, per acre;
(b) On Cubic Foot Site Class IV or V, fewer than 30 11-inch DBH trees or less than an equivalent basal area in larger trees, per acre; or
(c) On Cubic Foot Site Class VI, fewer than 15 11-inch DBH trees or less than an equivalent basal area in larger trees, per acre.
(11) “Harvest type 3” means an operation that requires reforestation and requires wildlife leave trees. This represents a level of stocking below which the size of operations is limited under ORS 527.740 and 527.750.
(12) “Landowner” means any individual, combination of individuals, partnership, corporation or association of whatever nature that holds an ownership interest in forestland, including the state and any political subdivision thereof.
(13) “Operation” means any commercial activity relating to the establishment, management or harvest of forest tree species except as provided by the following:
(a) The establishment, management or harvest of Christmas trees, as defined in ORS 571.505, on land used solely for the production of Christmas trees.
(b) The establishment, management or harvest of hardwood timber, including but not limited to hybrid cottonwood, that is:
(A) Grown on land that has been prepared by intensive cultivation methods and that is cleared of competing vegetation for at least three years after tree planting;
(B) Of a species marketable as fiber for inclusion in the furnish for manufacturing paper products;
(C) Harvested on a rotation cycle that is 12 or fewer years after planting; and
(D) Subject to intensive agricultural practices such as fertilization, cultivation, irrigation, insect control and disease control.
(c) The establishment, management or harvest of trees actively farmed or cultured for the production of agricultural tree crops, including nuts, fruits, seeds and nursery stock.
(d) The establishment, management or harvest of ornamental, street or park trees within an urbanized area, as that term is defined in ORS 221.010.
(e) The management or harvest of juniper species conducted in a unit of less than 120 contiguous acres within a single ownership.
(f) The establishment or management of trees intended to mitigate the effects of agricultural practices on the environment or fish and wildlife resources, such as trees that are established or managed for windbreaks, riparian filters or shade strips immediately adjacent to actively farmed lands.
(g) The development of an approved land use change after timber harvest activities have been completed and land use conversion activities have commenced.
(14) “Operator” means any person, including a landowner or timber owner, who conducts an operation.
(15)(a) “Significant violation” means:
(A) Violation of ORS 527.670 (6) by engaging in an operation without filing the requisite notification;
(B) Continued operation in contravention of an order issued by the State Forester under ORS 527.680 (2)(a), (3) or (5); or
(C) A violation resulting in major damage to a resource described in ORS 527.710 (2) for which restoration is expected to take more than 10 years.
(b) “Significant violation” does not include:
(A) Unintentional operation in an area outside an operating area of an operation for which sufficient notification was filed pursuant to ORS 527.670 (6);
(B) Continued operation in contravention of an order issued by the State Forester under ORS 527.680 (2)(a), (3) or (5), where an operator, timber owner or landowner demonstrates that it did not receive the order; or
(C) Failure to timely notify the State Forester of an intent to continue an operation into the next calendar year.
(16) “Single ownership” means ownership by an individual, partnership, corporation, limited liability company, trust, holding company or other business entity, including the state or any political subdivision thereof. Single ownership includes ownership held under different names or titles where the same individual or individuals, or their heirs or assigns, are shareholders (other than those of public corporations whose stock is traded on the open market), partners, business trustees or officers, or otherwise have an interest in or are associated with each property.
(17) “State Forester” means the State Forester or the duly authorized representative of the State Forester.
(18) “Suitable hardwood seedlings” means any hardwood seedling that will eventually yield logs or fiber, or both, sufficient in size and quality for the production of lumber, plywood, pulp or other forest products.
(19) “Timber owner” means any individual, combination of individuals, partnership, corporation or association of whatever nature, other than a landowner, that holds an ownership interest in any forest tree species on forestland.
(20) “Visually sensitive corridor” means forestland extending outward 150 feet, measured on the slope, from the outermost edge of the roadway of a scenic highway referred to in ORS 527.755, along both sides for the full length of the highway.
(21) “Wildlife leave trees” means trees or snags required to be retained as described in ORS 527.676 (1).
(22) “Written plan” means a document prepared by an operator, timber owner or landowner that describes how the operation is planned to be conducted. [1971 c.316 §3; 1987 c.919 §9; 1991 c.547 §1; 1991 c.634 §3; 1991 c.919 §1; 1995 s.s. c.3 §39; 1996 c.9 §2; 1999 c.59 §166; 2001 c.451 §1; 2003 c.740 §2; 2011 c.276 §6; 2022 c.33 §40]
Note: The amendments to 527.620 by section 68, chapter 33, Oregon Laws 2022, become operative only if certain conditions are met. See sections 54 and 61 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711). 527.620, as amended by section 68, chapter 33, Oregon Laws 2022, is set forth for the user’s convenience.
527.620. As used in ORS 527.610 to 527.770, 527.990 and 527.992:
(1) “Board” means the State Board of Forestry.
(2) “Cumulative effects” means the impact on the environment which results from the incremental impact of the forest practice when added to other past, present and reasonably foreseeable future forest practices regardless of what governmental agency or person undertakes such other actions.
(3) “DBH” means the diameter at breast height which is measured as the width of a standing tree at four and one-half feet above the ground, on the uphill side.
(4) “Edge of the roadway” means:
(a) For interstate highways, the fence.
(b) For all other state highways, the outermost edge of pavement, or if unpaved, the edge of the shoulder.
(5) “Forest practice” means any operation conducted on or pertaining to forestland, including but not limited to:
(a) Reforestation of forestland;
(b) Road construction and maintenance;
(c) Harvesting of forest tree species;
(d) Application of chemicals;
(e) Disposal of slash; and
(f) Removal of woody biomass.
(6) “Forest tree species” means any tree species capable of producing logs, fiber or other wood materials suitable for the production of lumber, sheeting, pulp, firewood or other commercial forest products except trees grown to be Christmas trees as defined in ORS 571.505 on land used solely for the production of Christmas trees.
(7) “Forestland” means land that is used for the growing and harvesting of forest tree species, regardless of how the land is zoned or taxed or how any state or local statutes, ordinances, rules or regulations are applied.
(8) “Harvest type 1” means an operation that requires reforestation but does not require wildlife leave trees. A harvest type 1 is an operation that leaves a combined stocking level of free to grow seedlings, saplings, poles and larger trees that is less than the stocking level established by rule of the board that represents adequate utilization of the productivity of the site.
(9) “Harvest type 2” means an operation that requires wildlife leave trees but does not require reforestation. A harvest type 2 does not require reforestation because it has an adequate combined stocking of free to grow seedlings, saplings, poles and larger trees, but leaves:
(a) On Cubic Foot Site Class I, II or III, fewer than 50 11-inch DBH trees or less than an equivalent basal area in larger trees, per acre;
(b) On Cubic Foot Site Class IV or V, fewer than 30 11-inch DBH trees or less than an equivalent basal area in larger trees, per acre; or
(c) On Cubic Foot Site Class VI, fewer than 15 11-inch DBH trees or less than an equivalent basal area in larger trees, per acre.
(10) “Harvest type 3” means an operation that requires reforestation and requires wildlife leave trees. This represents a level of stocking below which the size of operations is limited under ORS 527.740 and 527.750.
(11) “Landowner” means any individual, combination of individuals, partnership, corporation or association of whatever nature that holds an ownership interest in forestland, including the state and any political subdivision thereof.
(12) “Operation” means any commercial activity relating to the establishment, management or harvest of forest tree species except as provided by the following:
(a) The establishment, management or harvest of Christmas trees, as defined in ORS 571.505, on land used solely for the production of Christmas trees.
(b) The establishment, management or harvest of hardwood timber, including but not limited to hybrid cottonwood, that is:
(A) Grown on land that has been prepared by intensive cultivation methods and that is cleared of competing vegetation for at least three years after tree planting;
(B) Of a species marketable as fiber for inclusion in the furnish for manufacturing paper products;
(C) Harvested on a rotation cycle that is 12 or fewer years after planting; and
(D) Subject to intensive agricultural practices such as fertilization, cultivation, irrigation, insect control and disease control.
(c) The establishment, management or harvest of trees actively farmed or cultured for the production of agricultural tree crops, including nuts, fruits, seeds and nursery stock.
(d) The establishment, management or harvest of ornamental, street or park trees within an urbanized area, as that term is defined in ORS 221.010.
(e) The management or harvest of juniper species conducted in a unit of less than 120 contiguous acres within a single ownership.
(f) The establishment or management of trees intended to mitigate the effects of agricultural practices on the environment or fish and wildlife resources, such as trees that are established or managed for windbreaks, riparian filters or shade strips immediately adjacent to actively farmed lands.
(g) The development of an approved land use change after timber harvest activities have been completed and land use conversion activities have commenced.
(13) “Operator” means any person, including a landowner or timber owner, who conducts an operation.
(14) “Single ownership” means ownership by an individual, partnership, corporation, limited liability company, trust, holding company or other business entity, including the state or any political subdivision thereof. Single ownership includes ownership held under different names or titles where the same individual or individuals, or their heirs or assigns, are shareholders (other than those of public corporations whose stock is traded on the open market), partners, business trustees or officers, or otherwise have an interest in or are associated with each property.
(15) “State Forester” means the State Forester or the duly authorized representative of the State Forester.
(16) “Suitable hardwood seedlings” means any hardwood seedling that will eventually yield logs or fiber, or both, sufficient in size and quality for the production of lumber, plywood, pulp or other forest products.
(17) “Timber owner” means any individual, combination of individuals, partnership, corporation or association of whatever nature, other than a landowner, that holds an ownership interest in any forest tree species on forestland.
(18) “Visually sensitive corridor” means forestland extending outward 150 feet, measured on the slope, from the outermost edge of the roadway of a scenic highway referred to in ORS 527.755, along both sides for the full length of the highway.
(19) “Wildlife leave trees” means trees or snags required to be retained as described in ORS 527.676 (1).
(20) “Written plan” means a document prepared by an operator, timber owner or landowner that describes how the operation is planned to be conducted.
527.630 Policy; rules. (1) Forests make a vital contribution to Oregon by providing jobs, products, tax base and other social and economic benefits, by helping to maintain forest tree species, soil, air and water resources and by providing a habitat for wildlife and aquatic life. Therefore, it is declared to be the public policy of the State of Oregon to encourage economically efficient forest practices that ensure the continuous growing and harvesting of forest tree species and the maintenance of forestland for such purposes as the leading use on privately owned land, consistent with sound management of soil, air, water, fish and wildlife resources and scenic resources within visually sensitive corridors as provided in ORS 527.755 and to ensure the continuous benefits of those resources for future generations of Oregonians.
(2) It is recognized that operations on forestland are already subject to other laws and to regulations of other agencies which deal primarily with consequences of such operations rather than the manner in which operations are conducted. It is further recognized that it is essential to avoid uncertainty and confusion in enforcement and implementation of such laws and regulations and in planning and carrying out operations on forestlands.
(3) To encourage forest practices implementing the policy of ORS 527.610 to 527.770, 527.990 and 527.992, it is declared to be in the public interest to vest in the State Board of Forestry exclusive authority to develop and enforce statewide and regional rules pursuant to ORS 527.710 and to coordinate with other state agencies and local governments which are concerned with the forest environment.
(4) It is recognized that ensuring compliance with, and enforcing, ORS 527.610 to 527.770 and rules and orders adopted or issued thereunder is essential to protect Oregon’s natural resources. It is further recognized that onsite inspections are necessary to further the policy of ORS 527.610 to 527.770, 527.990 and 527.992.
(5) It is recognized that enforcement of the policy of ORS 527.610 to 527.770, 527.990 and 527.992 is necessary to support the integrity of the policy and give the public confidence that standards for forest practices are being followed. It is further recognized that an effective enforcement program must include:
(a) Adequate training and education of enforcement officers, operators, timber owners and landowners.
(b) Clear technical guidance.
(c) Implementation expectations that are transparent and easily understood by operators, timber owners and landowners.
(6) It is declared to be the policy of the State of Oregon that the program for implementing enforcement under ORS 527.680, 527.683, 527.685, 527.690 and 527.700 be adequately funded, and that the board:
(a) Use inspections and enforcement as tools to deter future violations and to educate and train operators, timber owners and landowners.
(b) In exercising enforcement discretion, including discretion to impose penalties, prioritize addressing significant violations, other consequential violations and the actions of repeat violators.
(7) The board may adopt and enforce rules addressing scenic considerations only in accordance with ORS 527.755.
(8) The board shall adopt and enforce forest practice rules to reduce the risk of serious bodily injury or death from a rapidly moving landslide only in accordance with ORS 527.710 (10). As used in this subsection, “rapidly moving landslide” has the meaning given in ORS 195.250.
(9) The State of Oregon should provide a stable regulatory environment to encourage investment in private forestlands. [1971 c.316 §4; 1987 c.919 §10; 1991 c.634 §4; 1991 c. 919 §10; 1995 s.s. c.3 §39L; 1996 c.9 §14; 1999 c.1103 §11; 2003 c.740 §9; 2022 c.33 §41]
Note: The amendments to 527.630 by section 69, chapter 33, Oregon Laws 2022, become operative only if certain conditions are met. See sections 54 and 61 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711). 527.630, as amended by section 69, chapter 33, Oregon Laws 2022, is set forth for the user’s convenience.
527.630. (1) Forests make a vital contribution to Oregon by providing jobs, products, tax base and other social and economic benefits, by helping to maintain forest tree species, soil, air and water resources and by providing a habitat for wildlife and aquatic life. Therefore, it is declared to be the public policy of the State of Oregon to encourage economically efficient forest practices that ensure the continuous growing and harvesting of forest tree species and the maintenance of forestland for such purposes as the leading use on privately owned land, consistent with sound management of soil, air, water, fish and wildlife resources and scenic resources within visually sensitive corridors as provided in ORS 527.755 and to ensure the continuous benefits of those resources for future generations of Oregonians.
(2) It is recognized that operations on forestland are already subject to other laws and to regulations of other agencies which deal primarily with consequences of such operations rather than the manner in which operations are conducted. It is further recognized that it is essential to avoid uncertainty and confusion in enforcement and implementation of such laws and regulations and in planning and carrying out operations on forestlands.
(3) To encourage forest practices implementing the policy of ORS 527.610 to 527.770, 527.990 and 527.992, it is declared to be in the public interest to vest in the State Board of Forestry exclusive authority to develop and enforce statewide and regional rules pursuant to ORS 527.710 and to coordinate with other state agencies and local governments which are concerned with the forest environment.
(4) The board may adopt and enforce rules addressing scenic considerations only in accordance with ORS 527.755.
(5) The board shall adopt and enforce forest practice rules to reduce the risk of serious bodily injury or death from a rapidly moving landslide only in accordance with ORS 527.710 (10). As used in this subsection, “rapidly moving landslide” has the meaning given in ORS 195.250.
(6) The State of Oregon should provide a stable regulatory environment to encourage investment in private forestlands.
527.633 Conversion of forestland to other uses. Nothing in the Oregon Forest Practices Act shall prevent the conversion of forestland to any other use. [Formerly 527.730]
527.640 Forest regions. The State Board of Forestry shall establish a number of forest regions, but not less than three, necessary to achieve the purposes described in ORS 527.630. [1971 c.316 §6]
527.650 Forest practice committees; members; qualifications; appointment; terms. (1) The State Board of Forestry shall establish a forest practice committee for each forest region established pursuant to ORS 527.640. Each such committee shall consist of nine members, a majority of whom must reside in the region. Members of each committee shall be qualified by education or experience in natural resource management and not less than two-thirds of the members of each committee shall be private landowners, private timber owners or authorized representatives of such landowners or timber owners who regularly engage in operations.
(2) Members of forest practice committees shall be appointed by the board for three-year terms. If there is a vacancy for any cause, the board shall make an appointment to become immediately effective for the unexpired term. Each such committee shall select a chairperson from among its members. A staff member of the State Forestry Department shall be designated by the State Forester to serve as the secretary, without voting power, for each such committee. [1971 c.316 §7; 2005 c.22 §377]
527.660 Committees to review rules. Each forest practice committee shall review proposed forest practice rules in order to assist the State Board of Forestry in developing rules appropriate to the forest conditions within its region. Committee recommendations are advisory only and the committees need not be consulted prior to the adoption of any forest practice rule. [1971 c.316 §8; 1987 c.919 §11]
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 requirements to be given in forestland transfers; effect of failure to notify; damages. (1) In any transaction for the conveyance of an ownership interest in forestland, the transferor must provide to the transferee, prior to the date of execution of the conveyance, written notice of any reforestation requirements imposed upon the land pursuant to the Oregon Forest Practices Act.
(2) The failure of the transferor to comply with subsection (1) of this section does not invalidate an instrument of conveyance executed in the transaction. However, for any such failure the transferee may bring against the transferor an appropriate action to recover the costs of complying with the reforestation requirements. The court may award reasonable attorney fees to the prevailing party in an action brought under the provisions of this section. [1983 c.759 §4; 1995 c.618 §79]
527.670 Commencement of operations; rules; written plan; effect of plan; notice of chemical application; fees. (1) The State Board of Forestry shall designate the types of operations for which notice shall be required under this section.
(2) The board shall identify by rule the types of operations that require a written plan.
(3) In addition to any other types of operations identified by the board, the board shall adopt rules to require a written plan for the following:
(a) An operation that occurs within 100 feet of a stream determined by the State Forester to be used by fish or for domestic use, unless:
(A) The board, by rule, provides that a written plan is not required because the operation will be conducted according to a general vegetation retention prescription described in administrative rule;
(B) The operation will not directly affect the riparian management area and the State Forester, acting under authority granted by a board rule, waives the written plan requirement; or
(C) The operation will be conducted pursuant to a stewardship agreement entered into under ORS 541.973.
(b) An operation that occurs within 100 feet of a resource site that is inventoried under ORS 527.710 (3) as a significant wetland but is not classified by board rule as an estuary, unless:
(A) The board, by rule, provides that a written plan is not required because the operation will be conducted according to a general vegetation retention prescription described in administrative rule;
(B) The operation will not directly affect the riparian management area and the State Forester, acting under authority granted by a board rule, waives the written plan requirement; or
(C) The operation will be conducted pursuant to a stewardship agreement entered into under ORS 541.973.
(c) An operation that occurs within 300 feet of a resource site inventoried under ORS 527.710 (3), other than a site described in paragraph (b) of this subsection, unless the operation:
(A) Will be conducted pursuant to a stewardship agreement entered into under ORS 541.973; and
(B) Is consistent with the purposes and policies of any relevant Safe Harbor Agreements or Candidate Conservation Agreements entered into between the State of Oregon and agencies of the United States Government, pursuant to the federal Endangered Species Act of 1973 (P.L. 93-205, 16 U.S.C. 1531 et seq.) and federal regulations.
(4) The distances set forth in subsection (3) of this section are solely for the purpose of defining an area within which a hearing may be requested under ORS 527.700 and not the area to be protected by the board’s rules adopted pursuant to ORS 527.710 (3)(c).
(5) For the purpose of determining the distances set forth in subsection (3) of this section “site” means the specific resource site and not any additional buffer area.
(6) An operator, timber owner or landowner, before commencing an operation, shall notify the State Forester. The notification shall be on forms provided by the State Forester and shall include the name and address of the operator, timber owner and landowner, the legal description of the operating area, and any other information considered by the State Forester to be necessary for the administration of the rules promulgated by the board pursuant to ORS 527.710. Promptly upon receipt of such notice, the State Forester shall provide a copy of the notice to whichever of the operator, timber owner or landowner did not submit the notification. The State Forester shall provide a copy of notices involving chemical applications to persons within 10 miles of the chemical application who hold downstream surface water rights pursuant to ORS chapter 537, if such a person has requested that notification in writing. The board shall adopt rules specifying the information to be contained in the notice. All information filed with the State Forester pertaining to chemical applications shall be public record.
(7) An operator, timber owner or landowner that filed an original notification shall notify the State Forester of any subsequent change in the information contained in the notification.
(8) Within six working days of receipt of a notice or a written plan filed under subsection (6) or (7) of this section, the State Forester shall make a copy of the notice or written plan available to any person who requested of the State Forester in writing that the person be provided with copies of notice and written plan and who has paid any applicable fee established by the State Forester for such service. The State Forester may establish a fee for providing copies of notices and written plans under this subsection not to exceed the actual and reasonable costs. In addition, the State Forester shall provide a copy of the notification to the Department of Revenue and the county assessor for the county in which the operation is located, at times and in a manner determined through written cooperative agreement by the parties involved.
(9) Persons may submit written comments pertaining to the operation to the State Forester within 14 calendar days of the date the notice or written plan was filed with the State Forester under subsection (2), (6) or (7) of this section. Notwithstanding the provisions of this subsection, the State Forester may waive any waiting period for operations not requiring a written plan under subsection (3) of this section, except those operations involving aerial application of chemicals.
(10) If an operator, timber owner or landowner is required to submit a written plan of operations to the State Forester under subsection (3) of this section:
(a) The State Forester shall review a written plan and may provide comments to the person who submitted the written plan;
(b) The State Forester may not provide any comments concerning the written plan earlier than 14 calendar days following the date that the written plan was filed with the State Forester nor later than 21 calendar days following the date that the written plan was filed; and
(c) Provided that notice has been provided as required by subsection (6) of this section, the operation may commence on the date that the State Forester provides comments or, if no comments are provided within the time period established in paragraph (b) of this subsection, at any time after 21 calendar days following the date that the written plan was filed.
(11)(a) Comments provided by the State Forester, or by the board under ORS 527.700 (6), to the person who submitted the written plan are for the sole purpose of providing advice to the operator, timber owner or landowner regarding whether the operation described in the written plan is likely to comply with ORS 527.610 to 527.770 and rules adopted thereunder. Comments provided by the State Forester or the board do not constitute an approval of the written plan or operation.
(b) If the State Forester or the board does not comment on a written plan, the failure to comment does not mean that an operation carried out in conformance with the written plan complies with ORS 527.610 to 527.770 or rules adopted thereunder nor does the failure to comment constitute a rejection of the written plan or operation.
(c) If the State Forester or board determines that an enforcement action may be appropriate concerning the compliance of a particular operation with ORS 527.610 to 527.770 or rules adopted under ORS 527.610 to 527.770, the State Forester or board shall consider, but are not bound by, comments that the State Forester provided under this section or comments that the board provided under ORS 527.700.
(12) If the operation is required under rules described in subsection (3) of this section to have a written plan and comments have been timely filed under subsection (9) of this section pertaining to the operation requiring a written plan, the State Forester shall:
(a) Provide a copy of the State Forester’s review and comments, if any, to persons who submitted timely written comments under subsection (9) of this section pertaining to the operation; and
(b) Provide to the operator, timber owner and landowner a copy of all timely comments submitted under subsection (9) of this section. [1971 c.316 §9; 1987 c.919 §12; 1991 c.634 §5; 1991 c.919 §11; 1995 s.s. c.3 §39a; 1996 c.9 §3; 1997 c.413 §1; 2003 c.539 §39; 2003 c.740 §3; 2007 c.608 §5; 2011 c.54 §1]
527.672 Aerial herbicide applications. When a forest operation involves applying herbicides by aircraft near an inhabited dwelling or school, the operator is responsible for leaving an unsprayed strip of at least 60 feet adjacent to the dwelling or school. The responsibility of the operator under this section is in addition to any responsibility of the aerial pesticide applicator under ORS chapter 634. [2015 c.833 §21]
527.674 Rules requiring approval of written plan prohibited. The State Board of Forestry may not adopt or enforce a rule under ORS 527.610 to 527.770 that requires that the board or the State Forester approve written plans as a required precedent to conducting a forest practice or operation. [2003 c.740 §13]
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 downed logs in harvest type 2 or 3 units; green trees to be left near certain streams. (1) In order to contribute to the overall maintenance of wildlife, nutrient cycling, moisture retention and other resource benefits of retained wood, when a harvest type 2 unit exceeding 25 acres or harvest type 3 unit exceeding 25 acres occurs the operator shall leave on average, per acre harvested, at least:
(a) Two snags or two green trees at least 30 feet in height and 11 inches DBH or larger, at least 50 percent of which are conifers; and
(b) Two downed logs or downed trees, at least 50 percent of which are conifers, that each comprise at least 10 cubic feet gross volume and are no less than six feet long. One downed conifer or suitable hardwood log of at least 20 cubic feet gross volume and no less than six feet long may count as two logs.
(2) In meeting the requirements of this section, the operator has the sole discretion to determine the location and distribution of wildlife leave trees, including the ability to leave snags, trees and logs in one or more clusters rather than distributed throughout the unit and, if specifically permitted by the State Board of Forestry by rule, to meet the wildlife leave tree requirements by counting snags, trees or logs otherwise required to be left in riparian management areas or resource sites listed in ORS 527.710, subject to:
(a) Safety and fire hazard regulations;
(b) Rules or other requirements relating to wildlife leave trees established by the State Board of Forestry or the State Forester; and
(c) All other requirements pertaining to forest operations.
(3) In meeting the requirements of this section, the State Forester:
(a) Shall consult with the operator concerning the selection of wildlife leave trees when the State Forester believes that retaining certain trees or groups of trees would provide increased benefits to wildlife.
(b) May approve alternate plans submitted by the operator to meet the provisions of this section, including but not limited to waiving:
(A) The requirement that at least 50 percent of wildlife leave trees be conifers, upon a showing that a site is being intensively managed for hardwood production; and
(B) In whole or in part, the requirements of this section for one operation if an alternate plan provides for an equal or greater number of wildlife leave trees in another harvest type 2 or harvest type 3 operation, that the State Forester determines would achieve better overall benefits for wildlife.
(c) May require, for operations adjacent to a fish-bearing or domestic use stream, in addition to trees otherwise required to be left in riparian management areas, up to 25 percent of the green trees required to be retained under this section to be left in or adjacent to the riparian management area of the stream.
(d) May require by rule, for operations adjacent to a small, nonfish-bearing stream subject to rapidly moving landslides as defined in ORS 195.250, that available green trees and snags be left in or adjacent to the stream. The operator must leave available green trees and snags under this paragraph within an area that is 50 feet on each side of the stream and no more than 500 feet upstream from a riparian management area of a fish-bearing stream.
(4) When a harvest type 2 or harvest type 3 unit occurs adjacent to a prior harvest type 2 or harvest type 3 unit, resulting in a combined total contiguous acreage of harvest type 2 or harvest type 3 under single ownership exceeding 25 acres, the wildlife leave tree and downed log requirements of subsection (1) of this section apply to the combined total contiguous acreage. [1996 c.9 §9 (enacted in lieu of 527.675); 2001 c.340 §1]
527.678 Wildlife food plots; rules. (1) As used in this section:
(a) “Forest tree species” has the meaning given that term in ORS 527.620.
(b) “Small forestland” means forestland as defined in ORS 527.620 that:
(A) Has an owner that owns or holds common ownership interest in at least 10 acres of Oregon forestland but less than 5,000 acres of Oregon forestland; and
(B) Constitutes all forestland within a single tax lot and all forestland within contiguous parcels owned or held in common ownership by the owner.
(c) “Wildlife food plot” means a small forestland area that, instead of being used for growing and harvesting a forest tree species, is planted in vegetation capable of substantially contributing to wildlife nutrition.
(2) The owner of a small forestland that is subject to reforestation requirements under ORS 527.610 to 527.770 may, notwithstanding any contrary provision of the reforestation requirements for the forestland, establish wildlife food plots within the boundaries of the small forestland. The combined size of the wildlife food plots described in this subsection may not exceed:
(a) 2.5 percent of the small forestland, if the small forestland is 500 acres or less in size;
(b) 2.0 percent of the small forestland, if the small forestland is more than 500 acres but not more than 1,000 acres in size; or
(c) 1.0 percent of the small forestland, if the small forestland is more than 1,000 acres in size.
(3)(a) The State Board of Forestry shall adopt rules for carrying out this section. The board shall consult with the State Department of Fish and Wildlife to identify vegetation capable of substantially contributing to wildlife nutrition.
(b) The establishment of a wildlife food plot as provided by board rules is a forest practice providing for the overall maintenance of forestland resources as described in ORS 527.710 and supersedes any contrary reforestation requirement under ORS 527.610 to 527.770 for the wildlife food plot.
(c) Notwithstanding ORS 527.670 (1), the establishment or relocation of a wildlife food plot, and the reforestation of a location that ceases to be a wildlife food plot, are forest operations requiring notice to the State Forester under ORS 527.670. [2015 c.64 §1]
Note: 527.678 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 527 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
527.680 Violation by operator; citation; order to cease violation; order to repair damage; temporary order where violation continuing; service on operator. (1) Whenever the State Forester determines that an operator has committed a violation under ORS 527.990 (1), the State Forester may issue and serve a citation upon the operator or authorized representative. The State Forester shall cause a copy of the citation to be mailed or delivered to the timber owner and landowner. Whenever the State Forester determines that the landowner has failed to comply with the reforestation rules under ORS 527.710, the State Forester may issue and serve a citation upon the landowner or authorized representative. Each citation issued under this section shall specify the nature of the violation charged and any damage or unsatisfactory condition that has occurred as the result of such violation.
(2) Whenever a citation is served pursuant to subsection (1) of this section, the State Forester:
(a) Shall issue and serve upon the landowner or operator or authorized representative an order directing that the landowner or operator cease further violation. If the order is served upon an operator, the State Forester shall cause a copy of such order to be mailed or delivered to the timber owner and landowner; and
(b) May issue and serve an order upon the landowner or operator and shall cause a copy of such order to be mailed or delivered to the timber owner and landowner, directing the landowner or operator, where practical and economically feasible, to make reasonable efforts to repair the damage or correct the unsatisfactory condition specified in the citation within a period specified by the State Forester.
(3) In the event the order issued under subsection (2)(a) of this section has not been complied with, and the violation specified in such order is resulting in continuing damage, the State Forester by temporary order may direct the landowner or operator to cease any further activity in that portion of the operation that is resulting in such damage. Such temporary order shall be in effect until the date of the expiration of the period as prescribed in subsection (4) of this section or until the date that the violation ceases, whichever date occurs first.
(4) A temporary order issued under subsection (3) of this section shall be served upon the landowner or operator or authorized representative, and the State Forester shall cause a copy of such temporary order to be mailed or delivered to the operator, timber owner and landowner. If requested by the operator, timber owner or landowner, the State Board of Forestry, following the appeal procedures of ORS 527.700, must hold a hearing on the temporary order within five working days after the receipt by the board of the request. A temporary order issued and served pursuant to subsection (3) of this section shall remain in effect not more than five working days after such hearing unless the order is sooner affirmed, modified or revoked by the board.
(5) If a landowner or operator fails to comply with a final order issued under subsection (2)(b) of this section within the time specified in the order, or if the landowner or operator fails to comply with a final order imposing civil penalties for violation of any provision of the Oregon Forest Practices Act, the State Forester may issue an order that prohibits the affected landowner or operator from conducting any new operations on any forestland in this state until the landowner or operator has complied with the order to correct an unsatisfactory condition, make repair or pay the civil penalty, as the case may be, to the satisfaction of the State Forester.
(6) The State Forester may require an operator, timber owner or landowner to provide financial assurance before conducting a new operation if the State Forester has, within the preceding three-year period, made a finding under ORS 527.685 (6) applicable to the operator, timber owner or landowner. [1971 c.316 §10; 1983 c.759 §1; 1997 c.306 §1; 2022 c.33 §45]
Note: The amendments to 527.680 by section 70, chapter 33, Oregon Laws 2022, become operative only if certain conditions are met. See sections 54 and 61 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711). 527.680, as amended by section 70, chapter 33, Oregon Laws 2022, is set forth for the user’s convenience.
527.680. (1) Whenever the State Forester determines that an operator has committed a violation under ORS 527.990 (1), the State Forester may issue and serve a citation upon the operator or authorized representative. The State Forester shall cause a copy of the citation to be mailed or delivered to the timber owner and landowner. Whenever the State Forester determines that the landowner has failed to comply with the reforestation rules under ORS 527.710, the State Forester may issue and serve a citation upon the landowner or authorized representative. Each citation issued under this section shall specify the nature of the violation charged and any damage or unsatisfactory condition that has occurred as the result of such violation.
(2) Whenever a citation is served pursuant to subsection (1) of this section, the State Forester:
(a) Shall issue and serve upon the landowner or operator or authorized representative an order directing that the landowner or operator cease further violation. If the order is served upon an operator, the State Forester shall cause a copy of such order to be mailed or delivered to the timber owner and landowner; and
(b) May issue and serve an order upon the landowner or operator and shall cause a copy of such order to be mailed or delivered to the timber owner and landowner, directing the landowner or operator, where practical and economically feasible, to make reasonable efforts to repair the damage or correct the unsatisfactory condition specified in the citation within a period specified by the State Forester.
(3) In the event the order issued under subsection (2)(a) of this section has not been complied with, and the violation specified in such order is resulting in continuing damage, the State Forester by temporary order may direct the landowner or operator to cease any further activity in that portion of the operation that is resulting in such damage. Such temporary order shall be in effect until the date of the expiration of the period as prescribed in subsection (4) of this section or until the date that the violation ceases, whichever date occurs first.
(4) A temporary order issued under subsection (3) of this section shall be served upon the landowner or operator or authorized representative, and the State Forester shall cause a copy of such temporary order to be mailed or delivered to the operator, timber owner and landowner. If requested by the operator, timber owner or landowner, the State Board of Forestry, following the appeal procedures of ORS 527.700, must hold a hearing on the temporary order within five working days after the receipt by the board of the request. A temporary order issued and served pursuant to subsection (3) of this section shall remain in effect not more than five working days after such hearing unless the order is sooner affirmed, modified or revoked by the board.
(5) If a landowner or operator fails to comply with a final order issued under subsection (2)(b) of this section within the time specified in the order, or if the landowner or operator fails to comply with a final order imposing civil penalties for violation of any provision of the Oregon Forest Practices Act, the State Forester may issue an order that prohibits the affected landowner or operator from conducting any new operations on any forestland in this state until the landowner or operator has complied with the order to correct an unsatisfactory condition, make repair or pay the civil penalty, as the case may be, to the satisfaction of the State Forester.
527.683 Notice of violation. (1) No civil penalty prescribed in ORS 527.992 shall be imposed until the person incurring the penalty has received notice in writing from the State Forester specifying the violation. Such notice is in addition to the notice required in ORS 183.745.
(2) The citation issued pursuant to ORS 527.680 (1) and the
order issued pursuant to ORS 527.680 (2)(b) shall each constitute the notice required by subsection (1) of this section. [1987 c.919 §25; 1991 c.734 §48]
527.685 Civil penalty considerations; rules. (1) The State Board of Forestry shall by rule establish the amount of civil penalty that may be imposed for a particular violation. Except as provided in subsections (5) and (6) of this section, a civil penalty may not exceed $10,000 per violation.
(2) In imposing a penalty authorized by this section, the State Forester may consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes, rules, orders and permits pertaining to the Oregon Forest Practices Act.
(c) The gravity and magnitude of the violation.
(d) Whether the violation was repeated or continuous.
(e) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act.
(f) The size and type of ownership of the operation.
(g) Any relevant rule of the board.
(h) The cooperativeness of the person incurring the penalty and the person’s efforts, if any, to correct the violation.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the board determines to be proper and consistent with the public benefit. Upon the request of the person incurring the penalty, the board shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated.
(4) The board, by rule, may delegate to the State Forester, upon such conditions as deemed necessary, all or part of the authority of the board provided in subsection (3) of this section to assess, remit or mitigate civil penalties.
(5) For a violation of ORS 527.745, or rules for reforestation adopted pursuant to ORS 527.745, the State Forester may impose a civil penalty in an amount equal to the estimated cost of reforesting lands pursuant to ORS 527.690.
(6) If the State Forester makes a finding that an operator, timber owner or landowner has a history of significant violations that shows a pattern of willful disregard for the requirements of ORS 527.610 to 527.770 or rules or orders adopted or issued thereunder, the State Forester may impose a civil penalty in an amount not to exceed $50,000 per significant violation. In imposing the penalty, the State Forester shall consider, in addition to the factors described in subsection (2) of this section:
(a) The degree, if any, to which the operator, timber owner or landowner derived economic benefit from the significant violation.
(b) The proportion of total operations conducted by the operator, timber owner or landowner related to which significant violations have occurred compared to the total number of operations conducted by the operator, timber owner or landowner, while accounting for the organizational structure of the operator, timber owner or landowner. [1987 c.919 §26; 2007 c.214 §1; 2022 c.33 §46]
Note: The amendments to 527.685 by section 71, chapter 33, Oregon Laws 2022, become operative only if certain conditions are met. See sections 54 and 61 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711). 527.685, as amended by section 71, chapter 33, Oregon Laws 2022, is set forth for the user’s convenience.
527.685. (1) The State Board of Forestry shall by rule establish the amount of civil penalty that may be imposed for a particular violation. Except as provided in subsection (5) of this section, a civil penalty may not exceed $5,000 per violation.
(2) In imposing a penalty authorized by this section, the State Forester may consider the following factors:
(a) The past history of the person incurring a penalty in taking all feasible steps or procedures necessary or appropriate to correct any violation.
(b) Any prior violations of statutes, rules, orders and permits pertaining to the Oregon Forest Practices Act.
(c) The gravity and magnitude of the violation.
(d) Whether the violation was repeated or continuous.
(e) Whether the cause of the violation was an unavoidable accident, negligence or an intentional act.
(f) The size and type of ownership of the operation.
(g) Any relevant rule of the board.
(h) The cooperativeness of the person incurring the penalty and the person’s efforts, if any, to correct the violation.
(3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the board determines to be proper and consistent with the public benefit. Upon the request of the person incurring the penalty, the board shall consider evidence of the economic and financial condition of the person in determining whether a penalty shall be remitted or mitigated.
(4) The board, by rule, may delegate to the State Forester, upon such conditions as deemed necessary, all or part of the authority of the board provided in subsection (3) of this section to assess, remit or mitigate civil penalties.
(5) For a violation of ORS 527.745, or rules for reforestation adopted pursuant to ORS 527.745, the State Forester may impose a civil penalty in an amount equal to the estimated cost of reforesting lands pursuant to ORS 527.690.
527.687 Civil penalty procedure. (1) Subject to the notice provisions of ORS 527.683, any civil penalty under ORS 527.992 shall be imposed in the manner provided in ORS 183.745.
(2) In no case shall a hearing requested under ORS 183.745 be held less than 45 days from the date of service of the notice of penalty to allow the party to prepare testimony. The hearing shall be held not more than 180 days following issuance of the notice unless all parties agree on an extension.
(3) Hearings under this section shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605.
(4) Except as provided in subsection (5) of this section, all civil penalties recovered under ORS 527.610 to 527.770, 527.990 and 527.992 shall be paid to the General Fund.
(5) Civil penalties recovered under ORS 527.685 (5) shall be deposited in the State Forestry Department Account under ORS 526.060 and used, consistently with ORS 527.690, by the State Forester to reforest the land that is the subject of a violation of ORS 527.745 or rules for reforestation adopted pursuant to ORS 527.745. Civil penalties described in this subsection that exceed the costs of reforestation shall be paid to the General Fund. [1987 c.919 §27; 1991 c.634 §6; 1991 c.734 §121; 1995 s.s. c.3 §39k; 1996 c.9 §13; 1999 c.849 §§107,108; 2003 c.75 §45; 2007 c.214 §2]
527.690 Failure to comply with order to reforest or repair damage; estimate of cost of repair; notification; board authorization for repair; cost of repair as lien upon operator, timber owner or landowner. (1) In the event an order issued pursuant to ORS 527.680 (2)(b) directs the repair of damage or correction of an unsatisfactory condition, including compliance with reforestation requirements, and if the operator or landowner does not comply with the order within the period specified in such order and the order has not been appealed to the State Board of Forestry within 30 days, the State Forester based upon a determination by the forester of what action will best carry out the purposes of ORS 527.630 shall:
(a) Maintain an action in the Circuit Court for Marion County or the circuit court for the county in which the violation occurred for an order requiring the landowner or operator to comply with the terms of the forester’s order or to restrain violations thereof; or
(b) Estimate the cost to repair the damage or the unsatisfactory condition as directed by the order and shall notify the operator, timber owner and landowner in writing of the amount of the estimate. Upon agreement of the operator, timber owner or the landowner to pay the cost, the State Forester may proceed to repair the damage or the unsatisfactory condition. In the event approval of the expenditure is not obtained within 30 days after notification to the operator, timber owner and landowner under this section, the State Forester shall present to the board the alleged violation, the estimate of the expenditure to repair the damage or unsatisfactory condition and the justification for the expenditure.
(2) The board shall review the matter presented to it pursuant to subsection (1) of this section and shall determine whether to authorize the State Forester to proceed to repair the damage or correct the unsatisfactory condition and the amount authorized for expenditure. The board shall afford the operator, timber owner or landowner the opportunity to appear before the board for the purpose of presenting facts pertaining to the alleged violation and the proposed expenditure.
(3) If the board authorizes the State Forester to repair the damage or correct the unsatisfactory condition, the State Forester shall proceed, either with forces of the State Forester or by contract, to repair the damage or correct the unsatisfactory condition. The State Forester shall keep a complete account of direct expenditures incurred, and upon completion of the work, shall prepare an itemized statement thereof and shall deliver a copy to the operator, timber owner and landowner. In no event shall the expenditures exceed the amount authorized by subsection (2) of this section. An itemized statement of the direct expenditures incurred by the State Forester, certified by the State Forester, shall be accepted as prima facie evidence of such expenditures in any proceeding authorized by this section. If the State Forester’s action to repair the damage or correct the unsatisfactory condition arose from an operation for which a bond, cash deposit or other security was required under ORS 527.760, the State Forester shall retain any applicable portion of a cash deposit and the surety on the bond or holder of the other security deposit shall pay the amount of the bond or other security deposit to the State Forester upon demand. If the amount specified in the demand is not paid within 30 days following the demand, the Attorney General, upon request by the State Forester, shall institute proceedings to recover the amount specified in the demand.
(4) The expenditures in cases covered by this section, including cases where the amount collected on a bond, deposit or other security was not sufficient to cover authorized expenditures, shall constitute a general lien upon the real and personal property of the operator, timber owner and landowner within the county in which the damage occurred. A written notice of the lien, containing a statement of the demand, the description of the property upon which the expenditures were made and the name of the parties against whom the lien attaches, shall be certified under oath by the State Forester and filed in the office of the county clerk of the county or counties in which the expenditures were made within six months after the date of delivery of the itemized statement referred to in subsection (3) of this section, and may be foreclosed in the manner provided in ORS chapter 88.
(5) All moneys recovered under this section shall be paid into the State Forestry Department Account. [1971 c.316 §11; 1981 c.757 §10; 1983 c.28 §1; 1991 c.919 §12]
527.700 Appeals from orders of State Forester; hearing procedure; rules; stay of operation. (1) Any operator, timber owner or landowner affected by any finding or order of the State Forester issued under ORS 527.610 to 527.770 and 527.992 may request a hearing within 30 days after issuance of the order. The hearing shall be commenced within 14 days after receipt of the request for hearing and a final order shall be issued within 28 days of the request for the hearing unless all parties agree to an extension of the time limit.
(2) The State Board of Forestry may delegate to the administrative law judge the authority to issue final orders on matters under this section. Hearings provided under this section shall be conducted as contested case hearings under ORS 183.413 to 183.470. The board may establish such rules as it deems appropriate to carry out the provisions of this section. Appeals from final hearing orders under this section shall be provided in ORS 183.482, except that the comments of the board or the State Forester concerning a written plan are not reviewable orders under ORS 183.480.
(3) Any person adversely affected or aggrieved by an operation described in subsection (4) of this section may file a written request to the board for a hearing if the person submitted written comments pertaining to the operation within the time limits established under ORS 527.670 (9).
(4) A request for hearing may be filed under subsection (3) of this section only if a written plan was required by rules adopted under ORS 527.670 (3).
(5) A request for hearing filed under subsection (3) of this section shall be filed within 14 calendar days of the date the State Forester completed review of the written plan and issued any comments. Copies of the complete request shall be served, within the 14-day period, on the operator, timber owner and landowner. The request shall include:
(a) A copy of the written plan on which the person is requesting a hearing;
(b) A copy of the comments pertaining to the operation that were filed by the person requesting the hearing;
(c) A statement that shows the person is adversely affected or aggrieved by the operation and has an interest which is addressed by the Oregon Forest Practices Act or rules adopted thereunder; and
(d) A statement of facts that establishes that the operation is of the type described in ORS 527.670 (3).
(6) If the board finds that the person making the request meets the requirement of subsection (5)(c) of this section, the board shall set the matter for hearing within 21 calendar days after receipt of the request for hearing. The operator, timber owner and landowner shall be allowable parties to the hearing. The person requesting the hearing may raise, in the hearing, only those issues that the person raised in written comments filed under ORS 527.670 (9) relating to conformity with the rules of the board. The board shall issue its own comments, which may affirm, modify or rescind comments of the State Forester, if any, on the written plan within 45 days after the request for hearing was filed, unless all parties agree to an extension of the time limit. The comments of the board or of the State Forester concerning a written plan are not reviewable orders under ORS 183.480.
(7) The board may award reasonable attorney fees and expenses to each of the prevailing parties against any other party who the board finds presented a position without probable cause to believe the position was well-founded, or made a request primarily for a purpose other than to secure appropriate action by the board.
(8)(a) Upon the written request of a person requesting a hearing under subsection (3) of this section, a stay of the operation subject to the hearing may be granted upon a showing that:
(A) Commencement or continuation of the operation will constitute a violation of the rules of the board;
(B) The person requesting the stay will suffer irreparable injury if the stay is not granted; and
(C) The requirements of subsections (3), (4) and (5) of this section are met.
(b) If the board grants the stay, it shall require the person requesting the stay to give an undertaking which may be in the amount of the damages potentially resulting from the stay, but in any event shall not be less than $15,000. The board may impose other reasonable requirements pertaining to the grant of the stay. The board shall limit the effect of the stay to the specific geographic area or elements of the operation for which the person requesting the stay has demonstrated a violation of the rules and irreparable injury under paragraph (a) of this subsection.
(c) If the board determines in its comments that the written plan pertaining to the operation for which the stay was granted is likely to result in compliance with ORS 527.610 to 527.770 or the rules of the board, the board may award reasonable attorney fees and actual damages in favor of each of the prevailing parties, to the extent incurred by each, against the person requesting the stay.
(9) If the board rescinds or modifies the comments on the written plan as submitted by the State Forester pertaining to any operation, the board may award reasonable attorney fees and costs against the state in favor of each of the prevailing parties.
(10) As used in this section, “person” means any individual, partnership, corporation, association, governmental subdivision or public or private organization of any character. [Formerly 527.240; 1983 c.28 §2; 1987 c.919 §13; 1999 c.849 §110; 2003 c.75 §94; 2003 c.740 §4; 2011 c.54 §2]
527.704 Program of inspections. (1) The State Forester, or a representative of the State Forester, shall conduct a program of inspections of forestland within the operating areas of operations for which notifications are filed pursuant to ORS 527.670 (6), at regular intervals, to assess compliance with ORS 527.610 to 527.770 and rules and orders adopted or issued thereunder.
(2) The inspection may occur:
(a) On or after the date on which notification is filed pursuant to ORS 527.670 (6), but not more than three years after the date on which the State Forester learns that the operation has been completed.
(b) Only at a reasonable time, absent consent or a warrant.
(3) The person conducting the inspection shall:
(a) Advise the operator, timber owner or landowner that the inspection is being made pursuant to the law and is limited in scope to the operation subject to the relevant notification.
(b) Ensure that the inspection is tailored to assessing compliance with ORS 527.610 to 527.770 and rules and orders adopted or issued thereunder.
(4) The State Forester may petition the circuit court of this state having jurisdiction over the forestland for a warrant authorizing the State Forester or a representative of the State Forester to inspect the forestland.
(5) The court may issue a warrant if:
(a) The State Forester or a representative of the State Forester has attempted inspection consistent with subsections (1) to (3) of this section and access to all or part of the forestland was actually or constructively denied; or
(b) The State Forester has reasonable cause to believe that a violation of ORS 527.610 to 527.770 or a rule or order adopted or issued thereunder has occurred. [2022 c.33 §43]
Note: 527.704 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
Note: 527.704 and 527.706 were added to and made a part of 527.610 to 527.770 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
527.706 Program of photogrammetric mapping; rules. (1) As used in this section, “photogrammetric mapping” has the meaning given that term in ORS 672.002.
(2) To aid in monitoring compliance with ORS 527.610 to 527.770 and rules adopted thereunder, the State Board of Forestry shall adopt rules that:
(a) Require persons that file notifications pursuant to ORS 527.670 (6) to inform the State Forester when the operations are complete, within a reasonable time after completion;
(b) Authorize the State Forester to use a program of photogrammetric mapping to determine whether operations for which notifications have been filed pursuant to ORS 527.670 (6) have been completed; or
(c) Otherwise establish a program for determining when operations for which notifications have been filed pursuant to ORS 527.670 (6) have been completed.
(3) Rules described in subsection (2)(b) or (c) of this section must limit the discretion of the person conducting the compliance monitoring. [2022 c.33 §44]
Note: 527.706 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
Note: See second note under 527.704.
527.710 Duties and powers of board; rules; inventory for resource protection; consultation with other agencies required. (1) In carrying out the purposes of ORS 527.610 to 527.770, 527.990 (1) and 527.992, the State Board of Forestry shall adopt, in accordance with applicable provisions of ORS chapter 183, rules to be administered by the State Forester establishing standards for forest practices in each region or subregion.
(2) The rules shall ensure the continuous growing and harvesting of forest tree species. Consistent with ORS 527.630, the rules shall provide for the overall maintenance of the following resources:
(a) Air quality;
(b) Water resources, including but not limited to sources of domestic drinking water;
(c) Soil productivity; and
(d) Fish and wildlife.
(3)(a) In addition to its rulemaking responsibilities under subsection (2) of this section, the board shall collect and analyze the best available information and establish inventories of the following resource sites needing protection:
(A) Threatened and endangered fish and wildlife species identified on lists that are adopted, by rule, by the State Fish and Wildlife Commission or are federally listed under the Endangered Species Act of 1973 as amended;
(B) Sensitive bird nesting, roosting and watering sites;
(C) Biological sites that are ecologically and scientifically significant; and
(D) Significant wetlands.
(b) The board shall determine whether forest practices would conflict with resource sites in the inventories required by paragraph (a) of this subsection. If the board determines that one or more forest practices would conflict with resource sites in the inventory, the board shall consider the consequences of the conflicting uses and determine appropriate levels of protection.
(c) Based upon the analysis required by paragraph (b) of this subsection, and consistent with the policies of ORS 527.630, the board shall adopt rules appropriate to protect resource sites in the inventories required by paragraph (a) of this subsection.
(4) Before adopting rules under subsection (1) of this section, the board shall consult with other agencies of this state or any of its political subdivisions that have functions with respect to the purposes specified in ORS 527.630 or programs affected by forest operations. Agencies and programs subject to consultation under this subsection include, but are not limited to:
(a) Air and water pollution programs administered by the Department of Environmental Quality under ORS chapters 468A and 468B and ORS 477.013 and 477.515 to 477.532;
(b) Mining operation programs administered by the Department of Geology and Mineral Industries under ORS 516.010 to 516.130 and ORS chapter 517;
(c) Game fish and wildlife, commercial fishing, licensing and wildlife and bird refuge tax incentive programs administered by the State Department of Fish and Wildlife under ORS 272.060 and ORS chapters 496, 498, 501, 506 and 509;
(d) Park land, Willamette River Greenway, scenic waterway and recreation trail programs administered by the State Parks and Recreation Department under ORS 358.480 to 358.545, 390.310 to 390.368, 390.805 to 390.925, 390.950 to 390.989 and 390.121;
(e) The programs administered by the Columbia River Gorge Commission under Public Law 99-663 and ORS 196.110 and 196.150;
(f) Removal and fill programs administered by the Department of State Lands under ORS 196.800 to 196.900;
(g) Federal Safe Drinking Water Act programs administered by the Oregon Health Authority under ORS 448.273 to 448.990;
(h) Conservation and conservation tax incentive programs administered by the State Parks and Recreation Department under ORS 273.563 to 273.591;
(i) Open space land tax incentive programs administered by cities and counties under ORS 308A.300 to 308A.330;
(j) Water resources programs administered by the Water Resources Department under ORS 536.220 to 536.540; and
(k) Pesticide control programs administered by the State Department of Agriculture under ORS chapter 634.
(5) In carrying out the provisions of subsection (4) of this section, the board shall consider and accommodate the rules and programs of other agencies to the extent deemed by the board to be appropriate and consistent with the purposes of ORS 527.630.
(6) The board shall adopt rules to meet the purposes of another agency’s regulatory program where it is the intent of the board to administer the other agency’s program on forestland and where the other agency concurs by rule. An operation performed in compliance with the board’s rules shall be deemed to comply with the other agency’s program.
(7)(a) The board may enter into cooperative agreements or contracts necessary in carrying out the purposes specified in ORS 527.630.
(b) The State Forestry Department shall enter into agreements with appropriate state agencies for joint monitoring of the effectiveness of forest practice rules in protecting forest resources and water quality.
(8) If, based upon the study completed pursuant to section 15 (2)(f), chapter 919, Oregon Laws 1991, the board determines that additional rules are necessary to protect forest resources pursuant to ORS 527.630, the board shall adopt forest practice rules that reduce to the degree practicable the adverse impacts of cumulative effects of forest practices on air and water quality, soil productivity, fish and wildlife resources and watersheds. Such rules shall include a process for determining areas where adverse impacts from cumulative effects have occurred or are likely to occur, and may require that a written plan be submitted for harvests in such areas.
(9)(a) The State Forester, in cooperation with the State Department of Fish and Wildlife, shall identify streams for which restoration of habitat would be environmentally beneficial. The State Forester shall select as a priority those streams where restoration efforts will provide the greatest benefits to fish and wildlife, and to streambank and streambed stability.
(b) For those streams identified in paragraph (a) of this subsection, the State Forester shall encourage landowners to enter into cooperative agreements with appropriate state agencies for conduct of restoration activities.
(c) The board, in consultation with appropriate state agencies, shall study and identify methods for restoring or enhancing fish and wildlife populations through restoration and rehabilitation of sites beneficial to fish and wildlife.
(d) The board shall adopt rules to implement the findings of this subsection.
(10) In addition to its responsibilities under subsections (1) to (3) of this section, the board shall adopt rules to reduce the risk of serious bodily injury or death caused by a rapidly moving landslide directly related to forest practices. The rules shall consider the exposure of the public to these safety risks and shall include appropriate practices designed to reduce the occurrence, timing or effects of rapidly moving landslides. As used in this subsection, “rapidly moving landslide” has the meaning given that term in ORS 195.250. [1971 c.316 §5; 1987 c.919 §14a; 1989 c.171 §69; 1989 c.904 §38; 1991 c.634 §7; 1991 c.919 §13; 1993 c.18 §126; 1995 c.79 §300; 1997 c.274 §54; 1997 c.413 §2; 1999 c.1103 §12; 2001 c.114 §52; 2001 c.540 §24; 2003 c.14 §342; 2003 c.539 §40; 2003 c.740 §7; 2009 c.217 §13; 2009 c.595 §983; 2011 c.83 §25; 2011 c.319 §21]
Note: Section 6, chapter 33, Oregon Laws 2022, provides:
Sec. 6. Post-disturbance harvest rulemaking. (1) Pursuant to the authority granted by ORS 527.710 and subject to the procedures set forth in ORS 527.714 for rules described in ORS 527.714 (1)(c), the State Board of Forestry shall initiate rulemaking concerning the post-disturbance harvest of trees that, but for the disturbance, would not be harvested under rules adopted, amended or repealed as part of the rule package described in section 2 of this 2022 Act [527.711].
(2) The rulemaking:
(a) Must be completed on or before November 30, 2025.
(b) Is not subject to the requirements of section 39 of this 2022 Act [527.734]. [2022 c.33 §6]
Note: Section 7, chapter 33, Oregon Laws 2022, provides:
Sec. 7. Tethered logging rulemaking. (1) Pursuant to the authority granted by ORS 527.710 and subject to the procedures set forth in ORS 527.714 for rules described in ORS 527.714 (1)(c), not more than three years after the effective date of this 2022 Act [March 17, 2022], the State Board of Forestry shall initiate rulemaking concerning tethered logging.
(2) The board shall prioritize the rulemaking.
(3) The rulemaking is not subject to the requirements of section 39 of this 2022 Act [527.734], but as part of the rulemaking, the board may solicit and consider reports that pertain to tethered logging from the Adaptive Management Program Committee and the Independent Research and Science Team described in sections 36 [527.732] and 38 [527.733] of this 2022 Act. [2022 c.33 §7]
(Private Forest Accord)
527.711 Private Forest Accord rule package. (1) The State Board of Forestry shall, as a single rule package following a single, consolidated rulemaking process:
(a) Adopt rules consistent with the requirements of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, to the extent that requirements in the Private Forest Accord Report do not contravene statutory requirements.
(b) As needed to conform with the rules described in paragraph (a) of this subsection, and only as needed to conform with the rules described in paragraph (a) of this subsection, amend or repeal the rules in effect on March 17, 2022, that implement ORS 527.610 to 527.770.
(2) When adopting, amending or repealing rules as described in subsection (1) of this section, the board shall resolve any gaps or ambiguities in the requirements of the Private Forest Accord Report by:
(a) Referring to the intent and structure of the rules implementing ORS 527.610 to 527.770 that are in effect on March 17, 2022; and
(b) Achieving the outcomes described in the Private Forest Accord Report.
(3) The department shall:
(a) Publish the Private Forest Accord Report.
(b) Ensure that the Private Forest Accord Report remains publicly available on a department website. [2022 c.33 §2]
Note: 527.711 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (second note below).
Note: Section 5, chapter 33, Oregon Laws 2022, provides:
Sec. 5. Timeline for applicability of Private Forest Accord rule package. (1) As used in this section:
(a) “Common ownership” has the meaning given that term in section 16 of this 2022 Act [527.738].
(b) “Small forestland” means forestland that has an owner that owns or holds common ownership interest in less than 5,000 acres of forestland in this state.
(2) Rules adopted or amended as part of the rule package described in section 2 of this 2022 Act [527.711] apply only to an operation for which a notification is filed under ORS 527.670 (6):
(a) On or after January 1, 2024.
(b) Before January 1, 2024, if the operation is not completed on or before December 31, 2023.
(3) Notwithstanding subsection (2) of this section, rules adopted or amended as part of the rule package that relate to fish buffers apply to an operation, other than an operation on small forestland, for which a notification is filed on or after July 1, 2023.
(4) If the State Forester determines that a forest activity electronic reporting and notice system operated by the State Forestry Department is not updated with the information necessary to implement the requirements of the Private Forest Accord Report dated February 2, 2022, and published by the department on February 7, 2022, in time for operations to reasonably comply with the requirements by January 1, 2024, the deadlines described in subsection (2) of this section for application of rules that do not relate to fish buffers:
(a) May be extended by the State Forester for a period not to exceed one year; and
(b) After an extension described in paragraph (a) of this subsection, may be extended by the State Board of Forestry only if the board finds that the additional extension is necessary. [2022 c.33 §5]
Note: Sections 54 to 64, chapter 33, Oregon Laws 2022, provide:
Sec. 54. Statement of legislative intent concerning habitat conservation plan and incidental take permit. (1) The Legislative Assembly intends that the policies described in sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 9, 26 to 29, 40, 41 and 45 to 49 of this 2022 Act shall remain in effect only if:
(a) An incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is issued on or before December 31, 2027;
(b) The State Board of Forestry has not made a finding that the habitat conservation plan imposes more than a de minimis difference in economic or resource impacts, at the level of landscapes, relative to rules adopted or amended as part of the rule package described in section 2 of this 2022 Act [527.711]; and
(c) The incidental take permit remains in effect.
(2) The legislative intent described in subsection (1) of this section is established by sections 55 to 64 of this 2022 Act. [2022 c.33 §54]
Sec. 55. Petition for finding related to habitat conservation plan. (1) If an incidental take permit related to an approved habitat conservation plan responsive to the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is issued on or before December 31, 2027, an author of the Private Forest Accord Report may, no later than 14 days after the date the incidental take permit is issued, petition the State Board of Forestry to make a finding as to whether the habitat conservation plan imposes more than a de minimis difference in economic or resource impacts, at the level of landscapes, relative to rules adopted or amended as part of the rule package described in section 2 of this 2022 Act [527.711].
(2) If the board receives a petition described in subsection (1) of this section, the board shall issue a finding no later than 45 days after the date the petition is received.
(3) If the board finds that the habitat conservation plan imposes more than a de minimis difference:
(a) On or before the 91st day after the date the board makes the finding, the board shall:
(A) Repeal new rules adopted as part of the rule package described in section 2 of this 2022 Act.
(B) Amend rules in effect on or before the effective date of this 2022 Act [March 17, 2022] as needed to conform with repeals described in subparagraph (A) of this paragraph.
(C) Amend any other rules as needed to conform with repeals described in subparagraph (A) of this paragraph.
(b) On or before the 120th day after the board makes the finding, the State Fish and Wildlife Commission shall amend rules as needed to conform the rules with actions taken by the board under paragraph (a) of this subsection. [2022 c.33 §55]
Sec. 56. Revocation or invalidation of incidental take permit. If, pursuant to section 55 (1) and (2) of this 2022 Act, the State Board of Forestry does not make a finding or finds that the habitat conservation plan described in section 55 (1) of this 2022 Act does not impose more than a de minimis difference, as described in section 55 (1) of this 2022 Act, and the incidental take permit described in section 55 (1) of this 2022 Act is subsequently revoked or invalidated:
(1) On or before the 180th day after the date that any appeals process related to the revocation or invalidation has been exhausted or foregone, whichever occurs first, the board shall:
(a) Repeal new rules adopted as part of the rule package described in section 2 of this 2022 Act [527.711].
(b) Amend rules in effect on or before the effective date of this 2022 Act [March 17, 2022] as needed to conform with repeals described in paragraph (a) of this subsection.
(c) Amend any other rules as needed to conform with repeals described in paragraph (a) of this subsection.
(2) On or before the 210th day after the date that any appeals process related to the revocation or invalidation has been exhausted or foregone, whichever occurs first, the State Fish and Wildlife Commission shall amend rules as needed to conform the rules with actions taken by the board under subsection (1) of this section. [2022 c.33 §56]
Sec. 57. Issuance of incidental take permit on or before December 31, 2027. If an incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is not issued on or before December 31, 2027:
(1) On or before April 1, 2028, the State Board of Forestry shall:
(a) Repeal new rules adopted as part of the rule package described in section 2 of this 2022 Act [527.711].
(b) Amend rules in effect on or before the effective date of this 2022 Act [March 17, 2022] as needed to conform with repeals described in paragraph (a) of this subsection.
(c) Amend any other rules as needed to conform with repeals described in paragraph (a) of this subsection.
(2) On or before May 1, 2028, the State Fish and Wildlife Commission shall amend rules as needed to conform the rules with actions taken by the board under subsection (1) of this section. [2022 c.33 §57]
Sec. 58. Report on issuance of incidental take permit and finding related to habitat conservation plan. On or before February 1, 2028, the State Board of Forestry shall report to a committee or interim committee of the Legislative Assembly related to forestry, in the manner described in ORS 192.245, on:
(1) Whether the incidental take permit described in section 11 of this 2022 Act was issued on or before December 31, 2027.
(2) Whether the board has received a petition to make a finding described in section 55 (1) and (2) of this 2022 Act. [2022 c.33 §58]
Sec. 59. Report on revocation or invalidation of incidental take permit. If an incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is issued on or before December 31, 2027, but is subsequently revoked or invalidated, after the date that any appeals process related to the revocation or invalidation has been exhausted or forgone, whichever occurs first, the State Board of Forestry shall:
(1) Promptly report the revocation or invalidation to a committee or interim committee of the Legislative Assembly related to forestry, in the manner described in ORS 192.245.
(2) Notify the Office of the Legislative Counsel of the revocation or invalidation as soon as practicable. [2022 c.33 §59]
Sec. 60. Conditional repeals. Sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act are repealed. [2022 c.33 §60]
Sec. 61. Operation of conditional provisions upon finding related to habitat conservation plan. (1) Except as otherwise provided in sections 62 and 63 of this 2022 Act, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative only if the State Board of Forestry finds, pursuant to section 55 (1) and (2) of this 2022 Act, that the habitat conservation plan described in section 55 (1) of this 2022 Act imposes more than a de minimis difference, as described in section 55 (1) of this 2022 Act.
(2) If the board finds, pursuant to section 55 (1) and (2) of this 2022 Act, that the habitat conservation plan described in section 55 (1) of this 2022 Act imposes more than a de minimis difference, as described in section 55 (1) of this 2022 Act, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative on the 150th day after the date the board makes the finding. [2022 c.33 §61]
Sec. 62. Operation of conditional provisions upon revocation or invalidation of incidental take permit. (1) Except as otherwise provided in sections 61 and 63 of this 2022 Act, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative only if:
(a) Pursuant to section 55 (1) and (2) of this 2022 Act, the State Board of Forestry does not make a finding or finds that the habitat conservation plan described in section 55 (1) of this 2022 Act does not impose more than a de minimis difference, as described in section 55 (1) of this 2022 Act; and
(b) The incidental take permit is subsequently revoked or invalidated.
(2) If the events described in subsection (1)(a) and (b) of this section occur, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative on the 240th day after the date that any appeals process related to the revocation or invalidation has been exhausted or foregone, whichever occurs first. [2022 c.33 §62]
Sec. 63. Operation of conditional provisions upon failure to issue incidental take permit on or before December 31, 2027. (1) Except as otherwise provided in sections 61 and 62 of this 2022 Act, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative only if an incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, is not issued on or before December 31, 2027.
(2) If an incidental take permit related to an approved habitat conservation plan consistent with the Private Forest Accord Report is not issued on or before December 31, 2027, the repeal of sections 1 to 8, 10 to 25, 30 to 39, 42 to 44 and 50 to 52 of this 2022 Act by section 60 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 65 to 76 of this 2022 Act become operative on June 1, 2028. [2022 c.33 §63]
Sec. 64. Repeal of conditionally operative provisions. Sections 59 and 62 of this 2022 Act are repealed on January 2, 2077. [2022 c.33 §64]
Note: 527.711 and 527.712 were added to and made a part of 527.610 to 527.770 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
527.712 Exemption for practices that comply with federal Endangered Species Act agreements. If a person is party to an agreement with the National Marine Fisheries Service or the United States Fish and Wildlife Service under the federal Endangered Species Act of 1973 (16 U.S.C. 1531 to 1544) and is engaging in a forest practice in compliance with the agreement, the forest practice is not subject to provisions of ORS 527.610 to 527.770 or rules adopted thereunder that relate to protection of a species addressed in the agreement. [2022 c.33 §14]
Note: 527.712 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
Note: See fourth note under 527.711.
527.713 [1995 s.s. c.3 §39n; repealed by 1996 c.9 §15 (527.714 enacted in lieu of 527.713)]
(Rulemaking and State and Local Government Coordination)
527.714 Types of rules; procedure; findings necessary; rule analysis. (1) The rulemaking authority of the State Board of Forestry under ORS 527.610 to 527.770 consists generally of the following three types of rules:
(a) Rules adopted to implement administration, procedures or enforcement of ORS 527.610 to 527.770 that support but do not directly regulate standards of forest practices.
(b) Rules adopted to provide definitions or procedures for forest practices where the standards are set in statute.
(c) Rules adopted to implement the provisions of ORS 527.710 (2), (3), (6), (8), (9) and (10) that grant broad discretion to the board and that set standards for forest practices not specifically addressed in statute.
(2) When considering the adoption of a rule, and prior to the notice required pursuant to ORS 183.335, the board shall determine which type of rule described in subsection (1) of this section is being considered.
(3) If the board determines that a proposed rule is of the type described in subsection (1)(a) or (b) of this section, or if the proposed rule is designed only to clarify the meaning of rules already adopted or to make minor adjustments to rules already adopted that are of the type described in subsection (1)(c) of this section, rulemaking may proceed in accordance with ORS 183.325 to 183.410 and is not subject to the provisions of this section.
(4) If the board determines that a proposed rule is of the type described in subsection (1)(c) of this section, and the proposed rule would change the standards for forest practices, the board shall describe in its rule the purpose of the rule and the level of protection that is desired. If the proposed rule would change the standards for forest practices that relate to the protection of aquatic resources, the level of protection that is desired must be consistent with:
(a) Requirements described in the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022; or
(b) If a habitat conservation plan consistent with the Private Forest Accord Report has been approved, the terms of the habitat conservation plan.
(5) If the board determines that a proposed rule is of the type described in subsection (1)(c) of this section, including a proposed amendment to an existing rule not qualifying under subsection (3) of this section, and the proposed rule would provide new or increased standards for forest practices, the board may adopt such a rule only after determining that the following facts exist and standards are met:
(a)(A) If forest practices continue to be conducted under existing regulations:
(i) There is monitoring or research evidence that documents that degradation of resources maintained under ORS 527.710 (2) or (3) is likely; or
(ii) In the case of rules proposed under ORS 527.710 (10), that there is a substantial risk of serious bodily injury or death; or
(B) The board has received reports produced by the Adaptive Management Program Committee and the Independent Research and Science Team described in ORS 527.732 and 527.733 that review the new or increased standards the proposed rule would provide;
(b) If the resource to be protected is a wildlife species, the scientific or biological status of a species or resource site to be protected by the proposed rule has been documented using best available information;
(c) The proposed rule reflects available scientific information and, as appropriate, the results of relevant monitoring and adequate field evaluation at representative locations in Oregon;
(d) The objectives of the proposed rule are clearly defined, and the restrictions placed on forest practices as a result of adoption of the proposed rule:
(A)(i) Are to prevent harm or provide benefits to the resource or resource site for which protection is sought; or
(ii) In the case of rules proposed under ORS 527.710 (10), are to reduce risk of serious bodily injury or death; and
(B) Are directly related to the objective of the proposed rule and materially advance its purpose; and
(e) The availability, effectiveness and feasibility of alternatives to the proposed rule, including nonregulatory alternatives, were considered, and the alternative chosen is the least burdensome to landowners and timber owners, in the aggregate, while still achieving the desired level of protection.
(6) Nothing in subsection (5) of this section:
(a) Requires the board to call witnesses;
(b) Requires the board to allow cross-examination of witnesses;
(c) Restricts ex parte communications with the board or requires the board to place statements of such communications on the record;
(d) Requires verbatim transcripts of records of proceedings; or
(e) Requires depositions, discovery or subpoenas.
(7) If the board determines that a proposed rule is of the type described in subsection (1)(c) of this section, including a proposed amendment to an existing rule not qualifying under subsection (3) of this section, and that the proposed rule relates to aquatic resources, the board may adopt the rule only after considering reports from the Adaptive Management Program Committee and the Independent Research and Science Team.
(8) If the board determines that a proposed rule is of the type described in subsection (1)(c) of this section, and the proposed rule would require new or increased standards for forest practices, as part of or in addition to the economic and fiscal impact statement required by ORS 183.335 (2)(b)(E), the board shall, prior to the close of the public comment period, prepare and make available to the public a comprehensive analysis of the economic impact of the proposed rule. The analysis shall include, but is not limited to:
(a) An estimate of the potential change in timber harvest as a result of the rule;
(b) An estimate of the overall statewide economic impact, including a change in output, employment and income related to:
(A) The forest products industry;
(B) Other private sectors such as commercial fishing, recreational fishing and other outdoor recreation; and
(C) Government sectors such as public water system providers, waste treatment and built and natural infrastructure;
(c) An estimate of the total economic impact on the forest products industry and common school and county forest trust land revenues, both regionally and statewide; and
(d) An assessment of the economic impact of the proposed rule on various types of affected forestland parcels and on various geographic locations that is derived from consulting stakeholders.
(9) The provisions of this section do not apply to temporary rules adopted by the board. [1996 c.9 §16 (enacted in lieu of 527.713); 1999 c.1103 §13; 2003 c.740 §10; 2022 c.33 §47]
Note: The amendments to 527.714 by section 72, chapter 33, Oregon Laws 2022, become operative only if certain conditions are met. See sections 54 and 61 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711). 527.714, as amended by section 72, chapter 33, Oregon Laws 2022, is set forth for the user’s convenience.
527.714. (1) The rulemaking authority of the State Board of Forestry under ORS 527.610 to 527.770 consists generally of the following three types of rules:
(a) Rules adopted to implement administration, procedures or enforcement of ORS 527.610 to 527.770 that support but do not directly regulate standards of forest practices.
(b) Rules adopted to provide definitions or procedures for forest practices where the standards are set in statute.
(c) Rules adopted to implement the provisions of ORS 527.710 (2), (3), (6), (8), (9) and (10) that grant broad discretion to the board and that set standards for forest practices not specifically addressed in statute.
(2) When considering the adoption of a rule, and prior to the notice required pursuant to ORS 183.335, the board shall determine which type of rule described in subsection (1) of this section is being considered.
(3) If the board determines that a proposed rule is of the type described in subsection (1)(a) or (b) of this section, or if the proposed rule is designed only to clarify the meaning of rules already adopted or to make minor adjustments to rules already adopted that are of the type described in subsection (1)(c) of this section, rulemaking may proceed in accordance with ORS 183.325 to 183.410 and is not subject to the provisions of this section.
(4) If the board determines that a proposed rule is of the type described in subsection (1)(c) of this section, and the proposed rule would change the standards for forest practices, the board shall describe in its rule the purpose of the rule and the level of protection that is desired.
(5) If the board determines that a proposed rule is of the type described in subsection (1)(c) of this section, including a proposed amendment to an existing rule not qualifying under subsection (3) of this section, and the proposed rule would provide new or increased standards for forest practices, the board may adopt such a rule only after determining that the following facts exist and standards are met:
(a) If forest practices continue to be conducted under existing regulations:
(A) There is monitoring or research evidence that documents that degradation of resources maintained under ORS 527.710 (2) or (3) is likely; or
(B) In the case of rules proposed under ORS 527.710 (10), that there is a substantial risk of serious bodily injury or death;
(b) If the resource to be protected is a wildlife species, the scientific or biological status of a species or resource site to be protected by the proposed rule has been documented using best available information;
(c) The proposed rule reflects available scientific information, the results of relevant monitoring and, as appropriate, adequate field evaluation at representative locations in Oregon;
(d) The objectives of the proposed rule are clearly defined, and the restrictions placed on forest practices as a result of adoption of the proposed rule:
(A)(i) Are to prevent harm or provide benefits to the resource or resource site for which protection is sought; or
(ii) In the case of rules proposed under ORS 527.710 (10), are to reduce risk of serious bodily injury or death; and
(B) Are directly related to the objective of the proposed rule and substantially advance its purpose;
(e) The availability, effectiveness and feasibility of alternatives to the proposed rule, including nonregulatory alternatives, were considered, and the alternative chosen is the least burdensome to landowners and timber owners, in the aggregate, while still achieving the desired level of protection; and
(f) The benefits to the resource, or in the case of rules proposed under ORS 527.710 (10), the benefits in reduction of risk of serious bodily injury or death, that would be achieved by adopting the rule are in proportion to the degree that existing practices of the landowners and timber owners, in the aggregate, are contributing to the overall resources concern that the proposed rule is intended to address.
(6) Nothing in subsection (5) of this section:
(a) Requires the board to call witnesses;
(b) Requires the board to allow cross-examination of witnesses;
(c) Restricts ex parte communications with the board or requires the board to place statements of such communications on the record;
(d) Requires verbatim transcripts of records of proceedings; or
(e) Requires depositions, discovery or subpoenas.
(7) If the board determines that a proposed rule is of the type described in subsection (1)(c) of this section, and the proposed rule would require new or increased standards for forest practices, as part of or in addition to the economic and fiscal impact statement required by ORS 183.335 (2)(b)(E), the board shall, prior to the close of the public comment period, prepare and make available to the public a comprehensive analysis of the economic impact of the proposed rule. The analysis shall include, but is not limited to:
(a) An estimate of the potential change in timber harvest as a result of the rule;
(b) An estimate of the overall statewide economic impact, including a change in output, employment and income related to:
(A) The forest products industry;
(B) Other private sectors such as commercial fishing, recreational fishing and other outdoor recreation; and
(C) Government sectors such as public water system providers, waste treatment and built and natural infrastructure;
(c) An estimate of the total economic impact on the forest products industry and common school and county forest trust land revenues, both regionally and statewide; and
(d) An assessment of the economic impact of the proposed rule on various types of affected forestland parcels and on various geographic locations that is derived from consulting stakeholders.
(8) The provisions of this section do not apply to temporary rules adopted by the board.
Note: 527.714 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 527 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
527.715 Rules to establish standards and procedures. The State Board of Forestry shall establish, by rule, the standards and procedures to implement the provisions of ORS 197.180, 197.270, 197.825, 215.050, 477.440, 477.455, 477.460, 526.009, 526.016, 526.156, 527.620, 527.630, 527.660, 527.670, 527.683 to 527.724, 527.736 to 527.760 and 527.992. [1987 c.919 §28; 1991 c.919 §14; 2013 c.307 §7]
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 and local agencies for review and comment on operations. By rule or by cooperative agreement entered into following an opportunity for public comment before the State Board of Forestry, the board shall provide for coordination with appropriate state and local agencies regarding procedures to be followed for review and comment on individual forest operations. [1987 c.919 §16 (enacted in lieu of 527.720)]
527.722 Restrictions on local government adoption of rules regulating forest operations; exceptions. (1) Notwithstanding any provisions of ORS chapters 195, 196, 197, 197A, 215 and 227, and except as provided in subsections (2), (3) and (4) of this section, no unit of local government shall adopt any rules, regulations or ordinances or take any other actions that prohibit, limit, regulate, subject to approval or in any other way affect forest practices on forestlands located outside of an acknowledged urban growth boundary.
(2) Nothing in subsection (1) of this section prohibits local governments from adopting and applying a comprehensive plan or land use regulation to forestland to allow, prohibit or regulate:
(a) Forest practices on lands located within an acknowledged urban growth boundary;
(b) Forest practices on lands located outside of an acknowledged urban growth boundary, and within the city limits as they exist on July 1, 1991, of a city with a population of 100,000 or more, for which an acknowledged exception to an agriculture or forestland goal has been taken;
(c) The establishment or alteration of structures other than temporary on-site structures which are auxiliary to and used during the term of a particular forest operation;
(d) The siting or alteration of dwellings;
(e) Physical alterations of the land, including but not limited to those made for purposes of exploration, mining, commercial gravel extraction and processing, landfills, dams, reservoirs, road construction or recreational facilities, when such uses are not auxiliary to forest practices; or
(f) Partitions and subdivisions of the land.
(3) Nothing in subsection (2) of this section shall prohibit a local government from enforcing the provisions of ORS 455.310 to 455.715 and the rules adopted thereunder.
(4) Counties may prohibit, but in no other manner regulate, forest practices on forestlands:
(a) Located outside an acknowledged urban growth boundary; and
(b) For which an acknowledged exception to an agricultural or forest land goal has been taken.
(5) To ensure that all forest operations in this state are regulated to achieve protection of soil, air, water, fish and wildlife resources, in addition to all other forestlands, the Oregon Forest Practices Act applies to forest operations inside any urban growth boundary except in areas where a local government has adopted land use regulations for forest practices. For purposes of this subsection, “land use regulations for forest practices” means local government regulations that are adopted for the specific purpose of directing how forest operations and practices may be conducted. These local regulations shall:
(a) Protect soil, air, water, fish and wildlife resources;
(b) Be acknowledged as in compliance with land use planning goals;
(c) Be developed through a public process;
(d) Be developed for the specific purpose of regulating forest practices; and
(e) Be developed in coordination with the State Forestry Department and with notice to the Department of Land Conservation and Development.
(6) To coordinate with local governments in the protection of soil, air, water, fish and wildlife resources, the State Forester shall provide local governments with a copy of the notice or written plan for a forest operation within any urban growth boundary. Local governments may review and comment on an individual forest operation and inform the landowner or operator of all other regulations that apply but that do not pertain to activities regulated under the Oregon Forest Practices Act.
(7) The existence or adoption by local governments of a comprehensive plan policy or land use regulation regulating forest practices consistent with subsections (1) to (5) of this section shall relieve the State Forester of responsibility to administer the Oregon Forest Practices Act within the affected area.
(8) The Director of the Department of Land Conservation and Development shall provide the State Forester copies of notices submitted pursuant to ORS 197.615, whenever such notices concern the adoption, amendment or repeal of a comprehensive land use regulation allowing, prohibiting or regulating forest practices. [1979 c.400 §2; 1987 c.919 §17; 1991 c.919 §29; 2001 c.268 §1]
527.724 Forest operations to comply with air and water pollution control rules and standards; effect of violation. Subject to ORS 527.765 and 527.770, any forest operations on forestlands within this state shall be conducted in full compliance with the rules and standards of the Environmental Quality Commission relating to air and water pollution control. In addition to all other remedies provided by law, any violation of those rules or standards shall be subject to all remedies and sanctions available under statute or rule to the Department of Environmental Quality or the Environmental Quality Commission. [1979 c.400 §3; 1991 c.919 §19]
527.725 [1975 c.185 §5; repealed by 1975 c.185 §6]
527.726 [1979 c.400 §4; 1983 c.827 §55; repealed by 1987 c.919 §29]
527.730 [1971 c.316 §12; 1991 c.634 §8; renumbered 527.633 in 2023]
(Adaptive Management)
527.731 Adaptive management program; rules. (1) It is the policy of the State of Oregon that regulation of forest practices for the protection of aquatic species shall, in addition to other statutory requirements, be subject to a process of adaptive management, whereby goals and objectives are validated, and modified if necessary, and forest practice rules are monitored for effectiveness relative to the goals and objectives.
(2) The State Board of Forestry shall establish by rule an adaptive management program to accomplish the policy described in subsection (1) of this section, consistent with the adaptive management framework set forth in the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022.
(3) The adaptive management program must:
(a) Ensure effective change as needed to meet resource objectives.
(b) Increase the predictability and stability of the process of changing regulation so landowners, regulators and interested members of the public can understand and anticipate change.
(c) Apply best available science to decision-making.
(d) Effectively meet resource objectives with less operationally expensive prescriptions when feasible.
(4) The State Board of Forestry shall adopt rules prescribing in detail the roles and obligations of the Adaptive Management Program Committee and Independent Research and Science Team, consistent with ORS 527.732 and 527.733 and the provisions of the Private Forest Accord Report.
(5) The board shall consider reports submitted by the committee and team. [2022 c.33 §34]
Note: 527.731 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
527.732 Adaptive Management Program Committee; rules. (1) The Adaptive Management Program Committee is established as an advisory committee to the State Board of Forestry.
(2) The committee shall consist of 10 voting members and up to three nonvoting members.
(3) The board shall select a voting member from among two candidates recommended by each of the following 10 entities:
(a) The Oregon Forest and Industries Council.
(b) The Coalition of Oregon Land Trusts.
(c) The Associated Oregon Loggers.
(d) A conservation organization collectively selected by Beyond Toxics, Cascadia Wildlands, Klamath Siskiyou Wildlands Center, Oregon League of Conservation Voters, Oregon Stream Protection Coalition, Oregon Wild, Portland Audubon and Umpqua Watersheds, which were parties to the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022.
(e) The Oregon Small Woodlands Association.
(f) The Commission on Indian Services.
(g) A recreational or commercial angling organization collectively selected by Northwest Guides and Anglers Association, Pacific Coast Federation of Fishermen’s Associations, Trout Unlimited and Wild Salmon Center, which were parties to the Private Forest Accord Report.
(h) The Association of Oregon Counties.
(i) The State Department of Fish and Wildlife.
(j) The Department of Environmental Quality.
(4) If an entity described in subsection (3) of this section ceases to exist, the board shall determine a successor entity that represents the same interests.
(5) The board shall:
(a) Select one representative of the State Forestry Department to serve as a nonvoting member.
(b) Invite one representative of the National Marine Fisheries Service and one representative of the United States Fish and Wildlife Service to serve on the committee as nonvoting members.
(6) The voting members and the nonvoting member described in subsection (5)(a) of this section shall serve for terms of four years and may serve an unlimited number of terms.
(7) The committee shall:
(a) Guide the adaptive management process.
(b) Set the research agenda of the Independent Research and Science Team established in ORS 527.733 and recommend to the board the team’s budget.
(c) Assess the scientific findings in a report prepared by the team and prepare a report that identifies alternative actions, including no action, to address resource issues identified in the team’s report.
(d) Submit the committee’s reports to the board.
(e) Assist the board in the ongoing process of identifying and modifying resource objectives.
(f) Review reports related to compliance monitoring and enforcement.
(g) Submit recommendations to the board concerning rule adjustment, guidance or training.
(h) Strive for full consensus in committee decision-making.
(8) Notwithstanding subsection (7)(h) of this section, the committee shall make substantial decisions by a vote of at least seven voting members.
(9) Committee members are not eligible for compensation or reimbursement for expenses. If an organization represented by a committee member requests a participation grant to compensate for the organizational resources the organization dedicated to supporting the committee member’s service on the committee, subject to available funding, the board shall award the participation grant in an amount determined by the board.
(10) The board shall adopt rules describing a process for awarding participation grants described in subsection (9) of this section. [2022 c.33 §36]
Note: 527.732 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
Note: Section 37, chapter 33, Oregon Laws 2022, provides:
Sec. 37. (1) The State Board of Forestry shall appoint the first voting members of the Adaptive Management Program Committee on or before November 30, 2022.
(2) Notwithstanding section 36 (6) of this 2022 Act [527.732 (6)], of the voting members of the committee first appointed by the board:
(a) Two shall serve for terms ending one year after the date of appointment.
(b) Two shall serve for terms ending two years after the date of appointment.
(c) Three shall serve for terms ending three years after the date of appointment.
(3) The board shall appoint the first voting members of the Independent Research and Science Team from a list of candidates provided by the committee. [2022 c.33 §37]
527.733 Independent Research and Science Team; rules. (1) The Independent Research and Science Team is established as an advisory committee to the State Board of Forestry.
(2) The team shall consist of an odd number of at least five voting members. The voting members must:
(a) Have demonstrated subject matter expertise in a relevant field and a graduate-level degree in a relevant natural resources-related field such as forestry, silviculture, ecology, hydrology, wildlife, fisheries or geology.
(b) Include, at all times:
(A) At least one voting member who represents a public institution.
(B) At least one voting member who represents the timber industry.
(C) At least one voting member who represents a nongovernmental organization that promotes conservation of freshwater aquatic habitat.
(3) Team members shall serve for initial terms of four years and may serve an unlimited number of terms.
(4) A team member may be removed by a two-thirds vote of the team or by a majority vote of the board.
(5) If there is a vacancy on the team, or if the team determines that a new scientific or technical discipline must be represented on the team in order for the team to perform its research duties:
(a) The team shall submit a list of candidates to the board.
(b) The board may appoint one or more of the candidates as voting members of the team.
(c) If the board does not select one or more voting members from the list of candidates, the team shall submit a new list of candidates to the board until such time as the board appoints one or more candidates as voting members of the team.
(6) The board shall adopt rules for administering subsection (5) of this section.
(7) The team shall:
(a) Conduct or oversee research requested by the Adaptive Management Program Committee.
(b) Report to the board and the committee on the findings of the research, including findings concerning the magnitude of impacts on species of concern, the urgency of needed action and the degree of scientific confidence or uncertainty behind the findings.
(8)(a) The team shall strive for full consensus in team decision-making.
(b) Notwithstanding paragraph (a) of this subsection, the team shall make substantial decisions by a vote of at least two-thirds of the team members.
(9) Team members are not eligible for compensation or reimbursement for expenses. If an organization represented by a team member requests a participation grant to compensate for the organizational resources the organization dedicated to supporting the team member’s service on the team, subject to available funding, the board shall award the participation grant in an amount determined by the board.
(10) The board shall adopt rules describing a process for awarding participation grants described in subsection (9) of this section. [2022 c.33 §38]
Note: 527.733 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
527.734 Considering reports on rules relating to aquatic resources. (1) Subject to subsection (2) of this section, the State Board of Forestry may not adopt, amend or repeal a rule described in ORS 527.714 (1)(c) that relates to aquatic resources until the board has first received and considered reports that pertain to the rule from the Adaptive Management Program Committee and the Independent Research and Science Team described in ORS 527.732 and 527.733.
(2) Notwithstanding ORS 527.714 (7), subsection (1) of this section does not apply:
(a) To adoption, amendment or repeal of a rule as part of a rulemaking proceeding commenced pursuant to ORS 527.765 (3)(e) in response to a petition for review of best management practices made by the Environmental Quality Commission;
(b) To adoption, amendment or repeal of a rule by the commission;
(c) If the legislation authorizing or requiring the adoption, amendment or repeal of the rule provides a specific exemption from this section; or
(d) If the adoption, amendment or repeal of the rule is necessary to comply with a court order.
(3) The board may solicit and consider a report from the committee or the team prior to or as part of:
(a) A rulemaking proceeding described in subsection (2)(a) of this section, if soliciting and considering the report does not conflict with the requirements of ORS 527.765 (3)(e); or
(b) Any other rulemaking described in ORS 527.714 (1)(c), subject to the funding available to, and the capacity of, the committee and the team, taking into consideration the requirements of subsection (1) of this section. [2022 c.33 §39]
Note: 527.734 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
527.735 [1987 c.919 §6a; renumbered 526.156 in 1991]
(Harvest Type; Water Quality Regulation)
527.736 Forest practice standards for operations on public and private land; exceptions; rules. (1) The standards established in ORS 527.740 to 527.750 shall be administered by the State Forester as standards applying to all operations in the state, including those on forestland owned by the state or any political subdivision thereof. Pursuant to ORS 527.710 the State Board of Forestry shall adopt, repeal or amend forest practice rules as necessary to be consistent with and to implement the standards established in ORS 527.740 to 527.750. Except as provided in ORS 527.714, nothing in ORS 468B.100 to 468B.110, 477.562, 527.620, 527.670, 527.690, 527.710, 527.715, 527.722, 527.724 and 527.736 to 527.770 shall affect the powers and duties of the board to adopt, or the State Forester to administer, all other regulations pertaining to forest practices under applicable state law.
(2) Nothing in ORS 527.740 to 527.750 is intended to apply to cutting of trees that is for growth enhancement treatments, as defined by the State Forester, such as thinning or precommercial thinning.
(3) The State Board of Forestry may modify or waive the limitations and requirements of ORS 527.676, 527.740, 527.750 and 527.755 for the purposes of a bona fide research 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 agreement entered into under ORS 541.973 to modify or waive the limitations and requirements of ORS 527.676, 527.740, 527.750 and 527.755.
(5) The State Board of Forestry may modify or waive the limitations and requirements of ORS 527.676, 527.740, 527.750 and 527.755 for the purpose of an operation for the planting, growing, managing or harvesting of hardwood timber, including but not limited to hybrid cottonwood, if:
(a) The timber is grown on land that has been prepared by intensive cultivation methods and is cleared of competing vegetation for at least three years after planting;
(b) The timber is harvested on a rotation cycle of more than 12 years and less than 20 years after planting; and
(c) The timber is subject to intensive agricultural practices, including but not limited to fertilization, cultivation, irrigation, insect control and disease control. [1991 c.919 §3; 1993 c.657 §5; 1995 s.s. c.3 §39r; 1996 c.9 §20; 2008 c.11 §1]
527.738 Riparian prescriptions; small forestland owner minimum option; rules. (1) As used in this section:
(a) “Common ownership” means direct ownership by one or more individuals or ownership by a corporation, partnership, association or other entity in which an individual owns a significant interest.
(b) “Small forestland owner minimum option” means any small forestland owner minimum option available for small forestland owners pursuant to rules adopted by the State Board of Forestry under ORS 527.711.
(2) The board may not establish riparian prescriptions that result in minimum riparian buffer widths or lengths that measure less than the minimum riparian buffer widths or lengths set forth in sections 5.3.1.3 and 5.3.1.4 of chapter 5 of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022.
(3)(a) An operator, timber owner or landowner may not follow a small forestland owner minimum option for an operation unless the department determines that, as of the date the department receives a notification related to the operation under ORS 527.670:
(A) The landowner of the forestland where the operation will occur owns or holds common ownership interest in less than 5,000 acres of forestland in this state;
(B) No more than an average yearly volume of two million board feet of merchantable forest products has been harvested from the landowner’s forestland in this state, when averaged over the three years prior to the date the department receives the notification; and
(C) The landowner has submitted an affirmation to the department that it does not expect to exceed an average yearly volume of two million board feet of merchantable forest products to be harvested from the landowner’s forestland in this state during the 10 years following the date the department receives the notification.
(b) Notwithstanding paragraph (a)(B) and (C) of this subsection, the department may allow a landowner to follow a small forestland owner minimum option if the landowner establishes to the department’s reasonable satisfaction that any exceedance of the harvest limits set forth in paragraph (a)(B) or (C) of this subsection was or will be necessary to raise funds to pay estate taxes or for a compelling and unexpected obligation.
(4) The department may require a landowner to submit, as part of the notification required under ORS 527.670, any additional information or statements necessary to determine whether a landowner meets the requirements of subsection (3) of this section.
(5) The board may adopt any rules necessary to implement this section. [2022 c.33 §16]
Note: 527.738 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
Note: 527.738 and 527.739 were added to and made a part of 527.610 to 527.770 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
527.739 Application of restrictions related to small forestland owner minimum option; rules. In any tax year that a tax credit allowed for use of the standard practice in lieu of the small forestland owner minimum option is not available to small forestland owners, State Board of Forestry rules must provide that restrictions on using the small forestland owner minimum option related to the horizontal feet limitation applicable to fifth field watersheds are not in effect. [2022 c.33 §16a]
Note: 527.739 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
Note: See second note under 527.738.
527.740 Harvest type 3 limitations; exceptions. (1) No harvest type 3 unit within a single ownership shall exceed 120 acres in size, except as provided in ORS 527.750.
(2) No harvest type 3 unit shall be allowed within 300 feet of the perimeter of a prior harvest type 3 unit within a single ownership if the combined acreage of the harvest type 3 areas subject to regulation under the Oregon Forest Practices Act would exceed 120 acres in size, unless the prior harvest type 3 unit has been reforested as required by all applicable regulations and:
(a) At least the minimum tree stocking required by rule is established per acre; and either
(b) The resultant stand of trees has attained an average height of at least four feet; or
(c) At least 48 months have elapsed since the stand was created and it is “free to grow” as defined by the State Board of Forestry.
(3) Any acreage attributable to riparian areas or to resource sites listed in ORS 527.710 (3) that is located within a harvest unit shall not be counted in calculating the size of a harvest type 3 unit.
(4) The provisions of this section shall not apply when the land is being converted to managed conifers or managed hardwoods from brush or hardwood stands that contain less than 80 square feet of basal area per acre of trees 11 inches DBH or greater or when the harvest type 3 results from disasters such as fire, insect infestation, disease, windstorm or other occurrence that the State Forester determines was beyond the landowner’s control and has substantially impaired productivity or safety on the unit or jeopardizes nearby forestland. The prior approval of the State Forester shall be required for such conversion or harvest type 3 operations that exceed 120 acres in size.
(5) The provisions of this section do not apply to any operation where the operator demonstrates to the State Forester that:
(a) The trees are subject to a cutting right created by written contract prior to October 1, 1990, which provides that the trees must be paid for regardless of whether the trees are cut, or subject to a cutting right created by reservation in a deed prior to October 1, 1990; and
(b) If the provisions of this section were applied, the cutting right would expire before all the trees subject to the cutting right could reasonably be harvested. [1991 c.919 §4; 1995 s.s. c.3 §39b; 1996 c.9 §4]
527.745 Reforestation of certain harvest types; adoption of standards; rules. (1) The State Board of Forestry shall adopt standards for the reforestation of harvest type 1 and harvest type 3. Unless the board makes the findings for alternate standards under subsection (2) of this section, the standards for the reforestation of harvest type 1 and harvest type 3 shall include the following:
(a) Reforestation, including site preparation, shall commence within 12 months after the completion of harvest and shall be completed by the end of the second planting season after the completion of harvest. By the end of the fifth growing season after planting or seeding, at least 200 healthy conifer or suitable hardwood seedlings or lesser number as permitted by the board by rule, shall be established per acre, well-distributed over the area, which are “free to grow” as defined by the board.
(b) Landowners may submit plans for alternate practices that do not conform to the standards established under paragraph (a) of this subsection or the alternate standards adopted under subsection (2) of this section, including but not limited to variances in the time in which reforestation is to be commenced or completed or plans to reforest sites by natural reforestation. Such alternate plans may be approved if the State Forester determines that the plan will achieve equivalent or better regeneration results for the particular conditions of the site, or the plan carries out an authorized research project conducted by a public agency or educational institution.
(2) The board, by rule, may establish alternate standards for the reforestation of harvest type 1 and harvest type 3, in lieu of the standards established in subsection (1) of this section, but in no case can the board require the establishment of more than 200 healthy conifer or suitable hardwood seedlings per acre. Such alternate standards may be adopted upon finding that the alternate standards will better assure the continuous growing and harvesting of forest tree species and the maintenance of forestland for such purposes, consistent with sound management of soil, air, water, fish and wildlife resources based on one or more of the following findings:
(a) Alternate standards are warranted based on scientific data concerning biologically effective regeneration;
(b) Different standards are warranted for particular geographic areas of the state due to variations in climate, elevation, geology or other physical factors; or
(c) Different standards are warranted for different tree species, including hardwoods, and for different growing site conditions.
(3) Pursuant to ORS 527.710, the board may adopt definitions, procedures and further regulations to implement the standards established under subsection (1) of this section, without making the findings required in subsection (2) of this section, if those procedures or regulations are consistent with the standards established in subsection (1) of this section.
(4) The board shall encourage planting of disease and insect resistant species in sites infested with root pathogens or where planting of susceptible species would significantly facilitate the spread of a disease or insect pest and there are immune or more tolerant commercial species available which are adapted to the site.
(5) Notwithstanding subsections (1), (2) and (3) of this section, in order to remove potential disincentives to the conversion of underproducing stands, as defined by the board, or the salvage of stands that have been severely damaged by wildfire, insects, disease or other factors beyond the landowner’s control, the State Forester may suspend the reforestation requirements for specific harvest type 1 or harvest type 3 units in order to take advantage of the Forest Resource Trust provisions, or other cost-share programs administered by the State Forester or where the State Forester is the primary technical adviser. Such suspension may occur only on an individual case basis, in writing, based on a determination by the State Forester that the cost of harvest preparation, harvest, severance and applicable income taxes, logging, site preparation, reforestation and any other measures necessary to establish a free to grow forest stand will likely exceed the gross revenues of the harvest. The board shall adopt rules implementing this subsection establishing the criteria for and duration of the suspension of the reforestation requirements.
(6) Notwithstanding subsections (1), (2) and (3) of this section, at the request of the Department of Transportation, the State Forester shall consult with the department concerning reforestation requirements for harvest type 1 and harvest type 3 in areas that are within or adjacent to a state highway right of way. The State Forester shall waive reforestation requirements in areas deemed to be unsuitable for reforestation by the department in order to maintain motorist safety and to protect highways, bridges and utility lines. [1991 c.919 §6; 1993 c.562 §1; 1995 s.s. c.3 §39c; 1996 c.9 §5; 2012 c.56 §5]
527.750 Exceeding harvest type 3 size limitation; conditions; rules. (1) Notwithstanding the requirements of ORS 527.740, a harvest type 3 unit within a single ownership that exceeds 120 acres but does not exceed 240 acres may be approved by the State Forester if all the requirements of this section and any additional requirements established by the State Board of Forestry are met. Proposed harvest type 3 units that are within 300 feet of the perimeter of a prior harvest type 3 unit, and that would result in a total combined harvest type 3 area under a single ownership exceeding 120 acres but not exceeding 240 acres, may be approved by the State Forester if the additional requirements are met for the combined area. No harvest type 3 unit within a single ownership shall exceed 240 contiguous acres. No harvest type 3 unit shall be allowed within 300 feet of the perimeter of a prior harvest type 3 unit within a single ownership if the combined acreage of the areas subject to regulation under the Oregon Forest Practices Act would exceed 240 acres, unless:
(a) The prior harvest type 3 unit has been reforested by all applicable regulations;
(b) At least the minimum tree stocking required by rule is established per acre; and
(c)(A) The resultant stand of trees has attained an average height of at least four feet; or
(B) At least 48 months have elapsed since the stand was created and it is “free to grow” as defined by the board.
(2) The requirements of this section are in addition to all other requirements of the Oregon Forest Practices Act and the rules adopted thereunder. The requirements of this section shall be applied in lieu of such other requirements only to the extent the requirements of this section are more stringent. Nothing in this section shall apply to operations conducted under ORS 527.740 (4) or (5).
(3) The board shall require that a plan for an alternate practice be submitted prior to approval of a harvest type 3 operation under this section. The board may establish by rule any additional standards applying to operations under this section.
(4) The State Forester shall approve the harvest type 3 operation if the proposed operation would provide better overall results in meeting the requirements and objectives of the Oregon Forest Practices Act.
(5) The board shall specify by rule the information to be submitted for approval of harvest type 3 operations under this section, including evidence of past satisfactory compliance with the Oregon Forest Practices Act. [1991 c.919 §7; 1995 s.s. c.3 §39d; 1996 c.9 §6; 2003 c.740 §5; 2005 c.22 §378]
527.755 Scenic highways; visually sensitive corridors; operations restricted; exemptions. (1) The following highways are hereby designated as scenic highways for purposes of the Oregon Forest Practices Act:
(a) Interstate Highways 5, 84, 205, 405; and
(b) State Highways 6, 7, 20, 18/22, 26, 27, 30, 31, 34, 35, 36, 38, 42, 58, 62, 66, 82, 97, 101, 126, 138, 140, 199, 230, 234 and 395.
(2) The purpose of designating scenic highways is to provide a limited mechanism that maintains roadside trees for the enjoyment of the motoring public while traveling through forestland, consistent with ORS 527.630, safety and other practical considerations.
(3) The State Board of Forestry, in consultation with the Department of Transportation, shall establish procedures and regulations as necessary to implement the requirements of subsections (4), (5) and (6) of this section, consistent with subsection (2) of this section, including provisions for alternate plans. Alternate plans that modify or waive the requirements of subsection (4), (5) or (6) of this section may be approved when, in the judgment of the State Forester, circumstances exist such as:
(a) Modification or waiver is necessary to maintain motorist safety, protect improvements such as dwellings and bridges, or protect forest health;
(b) Modification or waiver will provide additional scenic benefits to the motoring public, such as exposure of distant scenic vistas;
(c) Trees that are otherwise required to be retained will not be visible to motorists;
(d) The operation involves a change of land use that is inconsistent with maintaining a visually sensitive corridor; or
(e) The retention of timber in a visually sensitive corridor will result in severe economic hardship for the owner because all or nearly all of the owner’s property is within the visually sensitive corridor.
(4)(a) For harvest operations within a visually sensitive corridor, at least 50 healthy trees of at least 11 inches DBH, or that measure at least 40 square feet in basal area, shall be temporarily left on each acre.
(b) Overstory trees initially required to be left under paragraph (a) of this subsection may be removed when the reproduction understory reaches an average height of at least 10 feet and has at least the minimum number of stems per acre of free to grow seedlings or saplings required by the board for reforestation, by rule.
(c) Alternatively, when the adjacent stand, extending from 150 feet from the outermost edge of the roadway to 300 feet from the outermost edge of the roadway, has attained an average height of at least 10 feet and has at least the minimum number of stems per acre of free to grow seedlings or saplings required by the board for reforestation, by rule, or at least 40 square feet of basal area per acre, no trees are required to be left in the visually sensitive corridor, or trees initially required to be left under paragraph (a) of this subsection may be removed. When harvests within the visually sensitive corridor are carried out under this paragraph, the adjacent stand, extending from 150 feet from the outermost edge of the roadway to 300 feet from the outermost edge of the roadway, shall not be reduced below the minimum number of stems per acre of free to grow seedlings or saplings at least 10 feet tall required by the board for reforestation, by rule, or below 40 square feet of basal area per acre until the adjacent visually sensitive corridor has been reforested as required under subsection (6) of this section and the stand has attained an average height of at least 10 feet and has at least the minimum number of stems per acre.
(5) Harvest areas within a visually sensitive corridor shall be cleared of major harvest debris within 30 days of the completion of the harvest, or within 60 days of the cessation of active harvesting activity on the site, regardless of whether the harvest operation is complete.
(6) Notwithstanding the time limits established in ORS 527.745 (1)(a), when harvesting within a visually sensitive corridor results in a harvest type 1 or harvest type 3, reforestation shall be completed by the end of the first planting season after the completion of the harvest. All other provisions of ORS 527.745 shall also apply to harvest type 1 or harvest type 3 within visually sensitive corridors.
(7) Landowners and operators shall not be liable for injury or damage caused by trees left within the visually sensitive corridor for purposes of fulfilling the requirements of this section, when carried out in compliance with the provisions of the Oregon Forest Practices Act.
(8) The following are exempt from this section:
(a) Harvest on single ownerships less than five acres in size;
(b) Harvest within an urban growth boundary, as defined in ORS 197.015; and
(c) Harvest within zones designated for rural residential development pursuant to an exception adopted to the statewide land use planning 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; 2023 c.13 §102]
527.760 Reforestation exemptions for land use changes. (1) The State Board of Forestry shall review its rules governing changes in land use and adopt or amend rules as necessary to assure that only bona fide, established and continuously maintained changes from forest uses are provided an exemption from reforestation requirements. The board shall set specific time periods for the completion of land use conversions. Among other factors, the board shall condition exemptions from reforestation requirements upon:
(a) Demonstrating the intended change in land use is authorized under local land use and zoning ordinances, including obtaining and maintaining all necessary land use or construction permits and approvals for the intended change in land use;
(b) Demonstrating progress toward the change in land use within the time required for planting of trees, and substantial completion and continuous maintenance of the change in land use in a time certain;
(c) Allowing an exemption for only the smallest land area necessary to carry out the change in land use, and requiring that additional land area within the harvest unit remains subject to all applicable reforestation requirements; and
(d) Allowing an exemption only to the extent that the proposed land use is not compatible with the maintenance of forest cover.
(2) The board may require that, prior to commencing an operation where a change in land use is proposed, a bond, cash deposit, irrevocable letter of credit or other security be filed with the State Forester in an amount determined by the State Forester sufficient to cover the cost of site preparation and reforestation for the area subject to an exemption from reforestation due to a change in land use, and shall require that provisions be made for the administration and collection on such bond or security deposit in the event that the change in land use is not established or continuously maintained within a time certain.
(3) Nothing in this section is intended to exempt any change in land use from, nor affect the applicability and administration of, any planning, zoning or permitting requirements provided under state or local laws or regulations. [1991 c.919 §8]
527.765 Best management practices to maintain water quality; rules. (1) The State Board of Forestry shall establish best management practices and other rules applying to forest practices as necessary to insure that to the maximum extent practicable nonpoint source discharges of pollutants resulting from forest operations on forestlands do not impair the achievement and maintenance of water quality standards established by the Environmental Quality Commission for the waters of the state. Such best management practices shall consist of forest practices rules adopted to prevent or reduce pollution of waters of the state. Factors to be considered by the board in establishing best management practices shall include, where applicable, but not be limited to:
(a) Beneficial uses of waters potentially impacted;
(b) The effects of past forest practices on beneficial uses of water;
(c) Appropriate practices employed by other forest managers;
(d) Technical, economic and institutional feasibility; and
(e) Natural variations in geomorphology and hydrology.
(2) The board shall consult with the Environmental Quality Commission in adoption and review of best management practices and other rules to address nonpoint source discharges of pollutants resulting from forest operations on forestlands.
(3)(a) Notwithstanding ORS 183.310 (8), upon written petition for rulemaking under ORS 183.390 of any interested person or agency, the board shall review the best management practices adopted pursuant to this section. In addition to all other requirements of law, the petition must allege with reasonable specificity that nonpoint source discharges of pollutants resulting from forest operations being conducted in accordance with the best management practices are a significant contributor to violations of such standards.
(b) Except as provided in paragraph (c) of this subsection, if the board determines that forest operations being conducted in accordance with the best management practices are neither significantly responsible for particular water quality standards not being met nor are a significant contributor to violations of such standards, the board shall issue an order dismissing the petition.
(c) If the petition for review of best management practices is made by the Environmental Quality Commission, the board shall not terminate the review without the concurrence of the commission, unless the board commences rulemaking in accordance with paragraph (e) of this subsection.
(d) If a petition for review is dismissed, upon conclusion of the review, the board shall issue an order that includes findings regarding specific allegations in the petition and shall state the board’s reasons for any conclusions to the contrary.
(e) If, pursuant to review, the board determines that best management practices should be reviewed, the board shall commence rulemaking proceedings for that purpose. Rules specifying the revised best management practices must be adopted not later than two years from the filing date of the petition for review unless the board, with concurrence of the Environmental Quality Commission, finds that special circumstances require additional time.
(f) Notwithstanding the time limitation established in paragraph (e) of this subsection, at the request of the Environmental Quality Commission, the board shall take action as quickly as practicable to prevent significant damage to beneficial uses identified by the commission while the board is revising its best management practices and rules as provided for in this section. [1991 c.919 §20; 2003 c.75 §95; 2003 c.749 §11]
527.770 Good faith compliance with best management practices not violation of water quality standards; subsequent enforcement of standards. A forest operator conducting, or in good faith proposing to conduct, operations in accordance with best management practices currently in effect shall not be considered in violation of any water quality standards. When the State Board of Forestry adopts new best management practices and other rules applying to forest operations, such rules shall apply to all current or proposed forest operations upon their effective dates. However, nothing in this section prevents enforcement of water quality standards against a forest operator conducting operations after the time provided in ORS 527.765 (3)(e) for adoption of revised best management practices if the board either has not adopted revised management practices or has not made a finding that such revised best management practices are not required. [1991 c.919 §21; 2003 c.749 §12]
527.780 Exemption from liability for trees or debris left on property. (1) A landowner is not liable in tort for any personal injury, death or property damage that arises out of the leaving of trees and other debris on the property of the landowner under the provisions of ORS 527.610 to 527.770, under any rules adopted pursuant to ORS 527.610 to 527.770, or under any other law or rule requiring trees and debris to be left upon property after logging or other activity on the land.
(2) The limitation on liability provided by this section applies to any injury, death or damage arising out of wildfire, erosion, flooding, diversion of waters, damage to public improvements and any other injury, death or damage caused by trees or debris left by the landowner.
(3) The limitation on liability provided by this section does not apply if the injury, death or damage was caused by the intentional tort of the landowner or by the gross negligence of the landowner. As used in this subsection, “gross negligence” means negligence that is materially greater than the mere absence of reasonable care under the circumstances, and that is characterized by indifference to or reckless disregard of the rights of others.
(4) The limitation on liability provided by this section is in addition to any limitation on liability provided under ORS 105.672 to 105.696.
(5) The limitation on liability provided by this section does not apply to any liability established by the provisions of ORS chapter 477. [1999 c.543 §1]
527.785 Exemption from liability for large woody debris left on property. (1) A landowner is not liable in tort for any personal injury, death or property damage that arises out of the leaving of large woody debris on the property of the landowner under the provisions of ORS 527.610 to 527.770, under any rules adopted pursuant to ORS 527.610 to 527.770, or under any other law or rule requiring trees and large woody debris to be left upon property after logging or other activity on the land.
(2) The limitation on liability provided by this section applies to any injury, death or damage arising out of wildfire, erosion, flooding, diversion of waters, damage to public improvements and any other injury, death or damage caused by the large woody debris left by the landowner.
(3) The limitation on liability provided by this section does not apply if the injury, death or damage was caused by the intentional tort of the landowner or by the gross negligence of the landowner. As used in this subsection, “gross negligence” means negligence that is materially greater than the mere absence of reasonable care under the circumstances, and that is characterized by indifference to or reckless disregard of the rights of others.
(4) The limitation on liability provided by this section is in addition to any limitation on liability provided under ORS 105.672 to 105.696.
(5) The limitation on liability provided by this section does not apply to any liability established by the provisions of ORS chapter 477. [1999 c.863 §2]
(Pesticide Applications by Helicopter)
527.786 Definitions. As used in ORS 527.786 to 527.793:
(1) “Department reporting system” means a forest activity electronic reporting and notice system operated by the State Forestry Department.
(2) “Nearby recipient” means a person registered under ORS 527.787:
(a) Whose parcel location information is reconciled under ORS 527.787 (2) with a tax lot that is in whole or in part less than one mile from the edge of a proposed or scheduled pesticide application by helicopter to forestland; or
(b) Whose water intake location noted under ORS 527.787 (4) is less than one mile from the edge of a proposed or scheduled pesticide application by helicopter to forestland.
(3) “Pesticide”:
(a) Except as provided in this subsection, has the meaning given that term in ORS 634.006.
(b) Does not include fertilizer. As used in this paragraph, “fertilizer” means any substance, or any combination or mixture of substances, that is designed for use primarily as a source of plant food, for inducing increased plant growth or for producing any physical, microbial or chemical change in the soil.
(4) “Water use qualifying for a spray buffer” means the use of water:
(a) For watering not more than one-half acre of lawn or noncommercial garden;
(b) By one or more dwelling units for domestic animal consumption ancillary to residential or related use of a property;
(c) By one or more dwelling units for household purposes or human consumption;
(d) For livestock watering; or
(e) Supplied for community purposes through a municipal water system, a system operated by a federally recognized Indian tribe or a system operated by a private corporation. As used in this paragraph, “community purposes” includes, but is not limited to, uses described in paragraphs (a) to (d) of this subsection, commercial or industrial use, fire protection, watering of public parks and street cleaning. [2020 s.s.1 c.16 §4]
527.787 Registering to receive notice of pesticide application. (1) A person may register with the State Forestry Department to receive notices of proposed or scheduled pesticide applications by helicopter to forestland near the residence of the person. To obtain registration, the person must provide the department with:
(a) A description of the parcel where the person resides;
(b) Proof satisfactory to the department that the person resides at the parcel; and
(c) Contact information for the person that, at a minimum, includes:
(A) A mailing address; and
(B) An electronic mail address or telephone number.
(2) Upon the receipt of information under subsection (1) of this section, the department shall reconcile the parcel location information with tax lot information and note the tax lot in a geospatial layer maintained within a department reporting system.
(3) A person appropriating surface water for a water use qualifying for a spray buffer may register with the department to receive notices of proposed or scheduled pesticide applications by helicopter to forestland near the water intake used by the person. To obtain registration, the person must provide the department with:
(a) The global positioning system coordinates for the water intake;
(b) If the water use qualifying for a spray buffer is subject to water right requirements, a permit, certificate, registration, limited license or order of determination for the water use;
(c) If the water use qualifying for a spray buffer is exempt from water right requirements, a description of the spring box or other type of water intake and of the type of water use;
(d) Unless established in documentation described in paragraph (b) of this subsection, an attestation that the person believes the person has a lawful entitlement to make the water use qualifying for a spray buffer;
(e) An attestation that the person controls the works at the point of diversion for the water use qualifying for a spray buffer; and
(f) Contact information for the person that, at a minimum, includes:
(A) A mailing address; and
(B) An electronic mail address or telephone number.
(4) Upon the receipt of information under subsection (3) of this section, the department shall note the location of the water intake in a geospatial layer maintained within a department reporting system. [2020 s.s.1 c.16 §5]
527.788 Notice to State Forestry Department of proposed pesticide application. (1) To the extent of any conflict between this section and ORS 527.610 to 527.770, the provisions of this section prevail.
(2) Notwithstanding ORS 527.670, an operator, timber owner or landowner proposing to conduct a pesticide application by helicopter to forestland shall send the State Forestry Department notice of the proposed pesticide application that includes the following:
(a) Identification of the pesticides likely to be used. The notice may not identify any pesticides that are not likely to be used.
(b) Identification of the forestland units to receive pesticide application.
(c) Identification of a 90-day period within which the pesticide application is to occur.
(d) Contact information for the operator, timber owner or landowner providing the notice that, at a minimum, includes a mail address, electronic mail address and telephone number.
(e) Any information required by State Board of Forestry rules.
(3) Except as provided in subsection (4) of this section, if the department reporting system indicates that the location of the proposed pesticide application has one or more nearby recipients, the beginning of the 90-day period identified in the notice under subsection (2)(c) of this section must be 30 or more days after the date the notice is provided to the department.
(4) If a pesticide application is not completed during the 90-day period identified in a notice, the operator, timber owner or landowner must send a new notice before commencing or completing the pesticide application. Notwithstanding ORS 527.670, if the new notice is sent in the same calendar year as the original notice, the 90-day period identified in the new notice must be seven or more days after the date the new notice is provided to the department. [2020 s.s.1 c.16 §6]
527.789 Notice to nearby recipient of proposed pesticide application. (1) Upon receipt of a notice under ORS 527.788 (2), a State Forestry Department reporting system shall provide the operator, timber owner or landowner that provided the notice with a list of, and contact information for, any nearby recipients for the proposed pesticide application.
(2) Two weeks after receiving a notice under ORS 527.788 (2), and on the date of receipt of any new notice under ORS 527.788 (4), the department shall send notice of the proposed pesticide application to the electronic mail address or telephone number of each nearby recipient for the application. The notice sent by the department must include, but need not be limited to, the location and nature of the proposed pesticide application and the 90-day period within which the pesticide application may occur, and the mailing address, electronic mail address and telephone number supplied as contact information by the operator, timber owner or landowner that provided notice of the proposed pesticide application under ORS 527.788. [2020 s.s.1 c.16 §7]
527.790 Notice to State Forestry Department prior to pesticide application. (1) An operator, timber owner or landowner that sends notice under ORS 527.788 of a proposed pesticide application by helicopter to forestland shall notify the State Forestry Department prior to the pesticide application by helicopter being made. A notice under this section must:
(a) Be made by electronic communication to a department reporting system;
(b) Be sent to the department no later than 7 p.m. on the day preceding the pesticide application;
(c) Specify the day following the notice as a day for pesticide application by helicopter;
(d) Identify the forestland units to receive pesticide application on the specified day; and
(e) Contain any additional information required by State Board of Forestry rules.
(2) The sending of a notice under subsection (1) of this section does not limit the number of days on which a pesticide application by helicopter may be made. However, a separate notice is required for each day that a pesticide application by helicopter is to be made. The sending of a notice under subsection (1) of this section does not require that a pesticide application identified in the notice be conducted.
(3) Upon receipt of a notice under this section, the department shall send the schedule information for the pesticide application and forestland unit identification to the electronic mail address or telephone number of each nearby recipient to which the department sent notice of the proposed pesticide application under ORS 527.789. [2020 s.s.1 c.16 §8]
527.791 Verifying completion of pesticide application. (1) If a forestland unit identified in a notice sent under ORS 527.790 receives an incomplete pesticide application on the date specified in the notice, the operator, timber owner or landowner shall send a notice of incompletion to a State Forestry Department reporting system no later than 24 hours after the end of the date specified for the application in the notice. The notice of incompletion shall consist of designating the forestland units to which an incomplete pesticide application by helicopter was made. Entry of a notice of incompletion does not affect the requirement to send notice under ORS 527.790 before completing the pesticide application.
(2) An operator, timber owner or landowner that sends a notice under ORS 527.790 shall send a completion verification to a department reporting system no later than 24 hours after the completion of the pesticide application. The completion verification shall consist of designating the forestland units to which the pesticide application by helicopter was made.
(3) The department shall make an electronic listing of the forestland units that were identified in the notice under ORS 527.790 available to the operator, timber owner or landowner in a format that allows the operator, timber owner or landowner to electronically designate:
(a) Forestland units from the list that have received an incomplete pesticide application, when sending a notice of incompletion; and
(b) Forestland units from the list on which pesticide application is complete, when sending a completion verification. [2020 s.s.1 c.16 §9]
527.792 Designation of forestland units. (1) If the State Forestry Department receives a notice under ORS 527.790, at the beginning of the 90-day period identified in the notice, the department shall designate the forestland units identified in the notice as being in available status. Except as provided in subsection (2) of this section, the department shall terminate the available status of a forestland unit after 90 days.
(2) Upon receiving a notice under ORS 527.790 specifying a date on which a pesticide application by helicopter is to be made, the department shall change the designation of any forestland unit identified in the notice to pending status.
(3) Upon receiving a notice of incompletion under ORS 527.791, the department shall change the designation of any forestland unit identified in the notice to incomplete status.
(4) Upon receiving a completion verification under ORS 527.791, the department shall change the designation of any forestland unit identified in the completion verification to completed status.
(5) The department shall change the designation of a forestland unit from pending status if, at 11:59 p.m. on the day following the pesticide application date specified for the forestland unit in a notice under ORS 527.790, the department has not received a notice of incompletion or completion verification for the forestland unit. Subject to subsection (1) of this section, the department shall return a forestland unit described in this subsection from pending status to available status. [2020 s.s.1 c.16 §11]
527.793 Failure to send notice; penalties. (1) As used in this section, “spray season” means a period that:
(a) Begins on January 1 and ends on June 30 in the same calendar year; or
(b) Begins on July 1 and ends on December 31 in the same calendar year.
(2) If an operator, timber owner or landowner fails to timely send a notice under ORS 527.790 or timely send a notice of incompletion or completion verification under ORS 527.791 for one or more forestland units, or any combination of such failures on the same day:
(a) For the first day during a spray season on which one or more failures occur, the State Forestry Department shall issue the landowner a warning.
(b) For the second day during a single spray season on which one or more failures occur, the department shall assess the landowner a civil penalty of $1,000.
(c) For a third day or any subsequent day during a single spray season on which one or more failures occur, the department shall assess the landowner a civil penalty of $5,000 per day. [2020 s.s.1 c.16 §10]
527.794 Department reporting system. (1) As used in this section, “department reporting system” has the meaning given that term in ORS 527.786.
(2) The State Forestry Department shall develop a system to allow nondepartment messages to nearby recipients described in ORS 527.789 (1), notices under ORS 527.790 and notices of incompletion or completion verifications under ORS 527.791 to be sent electronically using mobile telephone equipment to access a department reporting system. The department shall make the access system compatible with, at a minimum, the two most commonly used types of mobile telephone operating systems. [2020 s.s.1 c.16 §13]
527.795 Daily spray records; penalties. (1) As used in this section:
(a) “Daily spray records” means records required of a pesticide operator under ORS 634.146.
(b) “Geographic information system data” means the electronic location data recorded during a pesticide application by helicopter.
(c) “Health provider” means a person holding a license, certificate or permit issued under Oregon law to provide the diagnosis, treatment or care of disease or injury in the ordinary course of business or practice of a profession, when seeking to provide diagnosis, treatment or care of a patient in response to a suspected exposure of the patient to pesticide.
(d) “Pesticide operator” has the meaning given that term in ORS 634.006.
(2) The Pesticide Analytical and Response Center shall accept requests for a pesticide operator’s daily spray records and geographic information system data concerning a pesticide application by helicopter to forestland from:
(a) A unit of state government, as defined in ORS 174.111;
(b) A law enforcement agency, as defined in ORS 181A.010; or
(c) A health provider.
(3)(a) The center shall forward a request received under subsection (2) of this section to the pesticide operator that is the subject of the request. A pesticide operator that receives a request from the center shall send the center the daily spray records and geographic information system data possessed or accessible to the pesticide operator concerning pesticide applications by helicopter to forestland identified in the request.
(b) The pesticide operator shall send the requested daily spray record information to the center no later than 24 hours after receiving the request. The pesticide operator shall send the requested geographic information system data to the center no later than five business days after receiving the request.
(c) Upon receiving requested information from a pesticide operator, the center shall forward the information received to the requesting unit of state government, law enforcement agency or health provider.
(4) Failure of a pesticide operator to timely send records or data as required under subsection (3) of this section is a violation subject to a fine of $1,000 per request.
(5) Records and data sent or received under this section are not public records for purposes of ORS 192.311 to 192.478. [2020 s.s.1 c.16 §14]
527.796 Interference with pesticide application; penalties. (1) As used in this section:
(a) “Interfere”:
(A) Means to use force, violence or action that impedes a pesticide application by helicopter to forestland.
(B) Does not mean:
(i) The memorializing of pesticide application activities through photography, videotaping, audiotaping or other creation of an electronic record by a person on public property or on private property where the person has a lawful right to be present; or
(ii) Other activities to the extent that the activities are protected under the First Amendment to the United States Constitution or Article I, section 8, of the Oregon Constitution.
(b) “Nearby recipient” has the meaning given that term in ORS 527.786.
(2) A person that intentionally interferes with a pesticide application by helicopter to forestland commits an unclassified violation punishable by a fine of:
(a) $1,000, if during the five years before the date of the interference the person has not previously been found to have committed a violation under this section; or
(b) $5,000, if not more than five years before the date of the interference the person was found to have committed a violation under this section.
(3) For purposes of this section, there is a conclusive presumption that interference is intentional if performed by a nearby recipient who was sent information under ORS 527.790 (3) concerning the pesticide application. [2020 s.s.1 c.16 §15]
527.797 Limitations on pesticide applications. (1) As used in this section:
(a) “Department reporting system,” “pesticide” and “water use qualifying for a spray buffer” have the meanings given those terms in ORS 527.786.
(b) “Flowing water” means surface water is present at the time of a pesticide application.
(c) “Inhabited dwelling” means a structure or part of a structure used as a home, residence or sleeping place by a person maintaining a household or by two or more persons maintaining a common household, but does not include outbuildings, yard areas or other land associated with the structure.
(d) “School” means the campus of:
(A) A Head Start program;
(B) A public or private institution offering instruction for all or part of prekindergarten through grade 12;
(C) The Oregon School for the Deaf;
(D) A regional residential academy operated by the Oregon Youth Authority;
(E) An education service district or community college; or
(F) A public or private college or university.
(e) “Sixth-level hydrologic unit” means the cataloging unit level of the 12-digit hydrologic unit mapping system developed by the Federal Geographic Data Committee.
(f) “Type D stream” means a stream that has domestic use, but does not have fish use.
(g) “Type F stream” means a stream that has fish use or has both domestic use and fish use.
(h) “Type N stream” means a stream that does not have domestic use or fish use.
(2) Notwithstanding ORS 527.672, a person may not directly apply pesticide by helicopter to forestland:
(a) Less than 300 feet from an inhabited dwelling, unless the landowner is the requester of the application;
(b) Less than 300 feet from a school, unless the school board or other governing body for the school is the requester of the application; or
(c) Subject to subsection (4) of this section, less than 300 feet from a water intake for a water use qualifying for a spray buffer:
(A) Within the same sixth-level hydrologic unit as a water source for water use qualifying for a spray buffer that is registered under ORS 527.787; or
(B) Within the same sixth-level hydrologic unit as a water source for water use qualifying for a spray buffer that is identified by the State Forestry Department and for which the location has been recorded in the department reporting system.
(3) On forestland that is subject to ORS 527.610 to 527.770, a person may not directly apply pesticide by helicopter near a stream:
(a) That is identified by the department as a Type D stream or Type F stream, within the greatest of:
(A) 75 feet;
(B) The required vegetated buffer; or
(C) A riparian management area existing in State Board of Forestry rules on the July 7, 2020, within which vegetation retention and special management practices are required; or
(b) That is identified by the department as a Type N stream and has flowing water, within 50 feet.
(4) The restrictions in subsection (2)(c) of this section are contingent upon the water intake location being recorded in the department reporting system. [2020 s.s.1 c.16 §16]
527.798 Reporting points of diversion. (1) As used in this section, “department reporting system” and “water use qualifying for a spray buffer” have the meanings given those terms in ORS 527.786.
(2) The State Forestry Department shall record in the department reporting system any points of diversion inventoried by the Water Resources Department that are:
(a) For a water use qualifying for a spray buffer; and
(b) Mapped with sufficient precision to allow the State Forestry Department to implement buffers under ORS 527.797 (2)(c).
(3) The State Forestry Department shall periodically review Water Resources Department inventory information for points of diversion and update State Forestry Department reporting system information as necessary to comply with subsection (2) of this section. [2020 s.s.1 c.16 §20]
527.799 Implementing pesticide application provisions; rules. The State Forestry Department may adopt rules to implement the provisions of ORS 527.786 to 527.793, 527.794, 527.795, 527.796, 527.797 and 527.798. [2022 c.33 §51]
Note: 527.799 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
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]
MISCELLANEOUS PRIVATE FOREST ACCORD PROVISIONS
527.820 Just compensation exemption. The Legislative Assembly intends that a person is not entitled to just compensation under ORS 195.305 to 195.336 for any restriction placed on the use of real property by a rule adopted or amended by the State Board of Forestry:
(1) As part of the rule package described in ORS 527.711.
(2) After the board has considered reports that pertain to the rule from the Adaptive Management Program Committee and the Independent Research and Science Team described in ORS 527.732 and 527.733. [2022 c.33 §8]
Note: 527.820 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
527.822 Reports to Legislative Assembly. The State Board of Forestry shall report annually to a committee or interim committee of the Legislative Assembly related to forestry, in the manner described in ORS 192.245, on progress in implementing the requirements of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022. [2022 c.33 §52]
Note: 527.822 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
Note: Section 50, chapter 33, Oregon Laws 2022, provides:
Sec. 50. Effect of policies on Indian tribes. (1) Nothing in sections 1 to 8, 10 to 25, 30 to 39, 42 to 44, 51 and 52 of this 2022 Act and the amendments to ORS 195.308, 496.252, 496.254, 527.620, 527.630, 527.680, 527.685, 527.714, 527.990, 527.992, 610.060 and 610.105 by sections 9, 26 to 29, 40, 41 and 45 to 49 of this 2022 Act:
(a) Affects the treaty or other rights of a federally recognized Indian tribe in Oregon.
(b) Applies to real property that is:
(A) Held in trust by the United States for the benefit of a federally recognized Indian tribe in Oregon or a member of a federally recognized Indian tribe in Oregon;
(B) Owned by a federally recognized Indian tribe in Oregon; or
(C) Owned by an entity that is wholly owned by:
(i) A federally recognized Indian tribe in Oregon; or
(ii) A tribally owned or operated corporation organized pursuant to the Indian Reorganization Act (25 U.S.C. 5101 to 5144).
(2) The State Board of Forestry shall develop a process for a federally recognized Indian tribe in Oregon to elect to join as an applicant for a habitat conservation plan described in section 11 of this 2022 Act, consistent with the terms and requirements applicable to private forestland under the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022. [2022 c.33 §50]
Note: Section 10, chapter 33, Oregon Laws 2022, provides:
Sec. 10. Landslide modeling. (1) The Legislative Assembly finds that:
(a) The requirements of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, are premised on specific landslide modeling developed by a specific contractor.
(b) Implementation of the requirements is contingent on the ability to use the specific landslide modeling.
(c) Implementation of the requirements is time sensitive and requires rapid development of landslide modeling.
(d) Procurement of services pursuant to this section:
(A) Is unlikely to encourage favoritism in awarding public contracts or to substantially diminish competition for public contracts.
(B) Will substantially promote the public interest in a manner that could not otherwise be practically realized through a procurement subject to the requirements of the Public Contracting Code.
(2) The State Forestry Department shall:
(a) Procure services for development and application of the landslide modeling described in chapter 3 and appendix B of the Private Forest Accord Report.
(b) Ensure that the modeling is developed and incorporated into a forest activity electronic reporting and notice system operated by the department:
(A) In time to facilitate compliance with the deadlines described in section 5 (2) and (3) of this 2022 Act.
(B) Not later than May 1, 2023.
(3) The procurement required by this section is not subject to the requirements of the Public Contracting Code. [2022 c.33 §10]
(Temporary provisions relating to the submission of a habitat conservation plan)
Note: Sections 11 and 12, chapter 33, Oregon Laws 2022, provide:
Sec. 11. The State Board of Forestry shall submit to the National Marine Fisheries Service and the United States Fish and Wildlife Service:
(1) A proposed habitat conservation plan consistent with the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022.
(2) An application for an incidental take permit, supported by the habitat conservation plan, for the incidental taking of species addressed in the Private Forest Accord Report. [2022 c.33 §11]
Sec. 12. (1) On or before December 31, 2022, the State Board of Forestry shall prepare and submit to the National Marine Fisheries Service and the United States Fish and Wildlife Service the habitat conservation plan described in section 11 of this 2022 Act.
(2) The board shall procure the services of a person to develop and draft the habitat conservation plan.
(3) Pursuant to ORS 279A.050 (6)(n) and notwithstanding ORS 279B.050, 279B.055, 279B.060, 279B.065 and 279B.070, the board may award a contract for the services without undertaking a process of competitive sealed bidding or competitive sealed proposals or soliciting competitive price quotes or competitive proposals.
(4) The board shall ensure that representatives of the authors of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022, are:
(a) Regularly and closely consulted concerning the development and drafting of the habitat conservation plan.
(b) Consulted if any question arises concerning the intent of the Private Forest Accord Report.
(5) The habitat conservation plan and application for an incidental take permit described in section 11 of this 2022 Act do not constitute rules for purposes of ORS 183.310 to 183.410 or 527.714. [2022 c.33 §12]
MISCELLANEOUS
527.840 Program of assistance related to loss of tree canopy. (1) The State Forestry Department shall develop and implement a program to provide technical and financial assistance to public bodies as defined in ORS 174.109, tribal governments, watershed councils as defined in ORS 541.890 and community-based organizations for planning for, responding to and recovering from damage to habitats and urban tree canopies due to pests, diseases or other natural or human-created conditions that lead to loss of tree canopy, including but not limited to:
(a) Emerald ash borer infestation;
(b) Japanese beetle infestation;
(c) Sudden Oak Death;
(d) Pine bark beetle infestation;
(e) Climate change;
(f) Drought; or
(g) Wildfire.
(2) The program may include, but need not be limited to, assistance for:
(a) Vulnerability assessments;
(b) Tree inventories;
(c) Response and recovery plan development;
(d) Community engagement and community-led strategies; and
(e) Tree removal and replanting with species that are resistant to disease, pest and drought.
(3) The department shall coordinate with the State Department of Agriculture to support program activities related to any pests or diseases subject to quarantine under the laws of this state or of the United States. [2023 c.442 §29]
PENALTIES
527.990 Criminal penalties. (1) Subject to ORS 153.022, violation of ORS 527.670, 527.672, 527.676, 527.740, 527.750, 527.755, 527.788 or 527.797, or any rule promulgated under ORS 527.706, 527.710 or 527.711, is a Class A misdemeanor. Each day of operation in violation of an order issued under ORS 527.680 (3) shall be deemed to be a separate offense.
(2) Violation of ORS 527.260 (1) is a Class A misdemeanor. Violation of ORS 527.260 (3) is a Class C misdemeanor. [Amended by 1953 c.262 §2; 1971 c.316 §14; 1987 c.919 §32; 1991 c.686 §10; 1995 s.s. c.3 §39h; 1996 c.9 §10; 1999 c.1051 §317; 2011 c.597 §223; 2015 c.833 §22; 2022 c.33 §48]
Note: The amendments to 527.990 by section 73, chapter 33, Oregon Laws 2022, become operative only if certain conditions are met. See sections 54 and 61 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711). 527.990, as amended by section 73, chapter 33, Oregon Laws 2022, is set forth for the user’s convenience.
527.990. (1) Subject to ORS 153.022, violation of ORS 527.670, 527.672, 527.676, 527.740, 527.750 or 527.755 or any rule promulgated under ORS 527.710 is a Class A misdemeanor. Each day of operation in violation of an order issued under ORS 527.680 (3) shall be deemed to be a separate offense.
(2) Violation of ORS 527.260 (1) is a Class A misdemeanor. Violation of ORS 527.260 (3) is a Class C misdemeanor.
527.992 Civil penalties. (1) In addition to any other penalty provided by law, any person who fails to comply with any of the following may incur a civil penalty in the amount adopted under ORS 527.685:
(a) The requirements of ORS 527.670, 527.672, 527.676, 527.740, 527.750, 527.755, 527.788 or 527.797.
(b) The terms or conditions of any order of the State Forester issued in accordance with ORS 527.680.
(c) Any rule or standard of the State Board of Forestry adopted or issued pursuant to ORS 527.706, 527.710 or 527.711.
(d) Any term or condition of a written waiver, or prior approval granted by the State Forester pursuant to the rules adopted under ORS 527.710.
(2) Imposition or payment of a civil penalty under this section shall not be a bar to actions alleging trespass under ORS 105.810, nor to actions under ORS 161.635 or 161.655 seeking to recover an amount based on the gain resulting from individual or corporate criminal violations. [1987 c.919 §24; 1995 s.s. c.3 §39i; 1996 c.9 §11; 2003 c.740 §6; 2015 c.833 §23; 2022 c.33 §49]
Note: The amendments to 527.992 by section 74, chapter 33, Oregon Laws 2022, become operative only if certain conditions are met. See sections 54 and 61 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711). 527.992, as amended by section 74, chapter 33, Oregon Laws 2022, is set forth for the user’s convenience.
527.992. (1) In addition to any other penalty provided by law, any person who fails to comply with any of the following may incur a civil penalty in the amount adopted under ORS 527.685:
(a) The requirements of ORS 527.670, 527.672, 527.676, 527.740, 527.750 or 527.755.
(b) The terms or conditions of any order of the State Forester issued in accordance with ORS 527.680.
(c) Any rule or standard of the State Board of Forestry adopted or issued pursuant to ORS 527.710.
(d) Any term or condition of a written waiver, or prior approval granted by the State Forester pursuant to the rules adopted under ORS 527.710.
(2) Imposition or payment of a civil penalty under this section shall not be a bar to actions alleging trespass under ORS 105.810, nor to actions under ORS 161.635 or 161.655 seeking to recover an amount based on the gain resulting from individual or corporate criminal violations.
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