# Oregon Department of Forestry

Forest Practice Administrative Rules and

Forest Practices Act

CHAPTER 629

Forest Practices Administration



# January 2014

“STEWARDSHIP IN FORESTRY”

This publication includes the text of the Forest Practices Act and the Forest Practice Administrative Rules as they exist on September 1, 2013.

Divisions 67 4 through 680 of the forest practice rules are not included in this publication, but are available as separate publications upon request. The rules in these divisions addr ess access to notifications and written plans, regional forest practice committees, and the resource site inventory and protection process.

The Secretary of State publishes the official administrative rules.

The rules and statutes are also available on the Oregon Department of Forestry’s website at: http://www.oregon.gov/odf/privateforests/docs/fparulebk.pdf as well as the Oregon Secretary of State’s

website at http://arcweb.sos.state.or.us/pages/rules/oars_600/oar_629/629_tofc.html and the Oregon State Legislature at http://www.oregonlegislature.gov/bills_laws/lawsstatutes/2013ors527.html

. Rule and statutory language changes made since the January 2010 publication are indicated by

und erlined text and are listed below.



### Changes:

The following rules were amended or adopted wi th effective dates in 2013. Only m ajor changes are

underlined

.

In 2013, OAR 629

- 600

- 0050 and 629

- 650

- 0005 were adopted; OAR 629

- 600

- 0100, 629

- 605

- 0150, 629

- 605

- 0160, 629

- 605

- 0170,

629

- 605

- 0173, 629

- 605

- 0180, 629

- 610

- 0000, 629

- 610

- 0020, 629

- 610

- 0070, 629

- 610

- 0090, 629

- 615

- 0100, 629

- 615

- 0300, 629

- 620

- 0000, 629

- 623

- 0100, 629

- 623

- 0200 , 629

- 623

- 0400, 629

- 625

- 0000, 629

- 625

- 0500, 629

- 625

- 0600, 629

- 625

- 0650, 629

- 630

- 0800,

629

- 635

- 0100, 629

- 635

- 0200, 629

- 640

- 0000, 629

- 640

- 0100, 629

- 640

- 0105, 629

- 640

- 0200, 629

- 645

- 0000, 629

- 645

- 0030, 629

- 645

- 0040, 629

- 645

- 0050, 629

- 650

- 0000, 629

- 660

- 0050, 62 9

- 665

- 0230, 629

- 670

- 0214 and 629

- 680

- 0020 were amended; and OAR

629

- 635

- 0130 was repealed.

The primary rule change in 2013 was within OAR 629

- 605

- 0170 Written Plans to allow the Oregon Department of Forestry to waive written plans near certain streams and wetlands under specified conditions. That rule change was authorized by House Bill 2165 (amended ORS 527.670) , passed by the 2011 Oregon Legislative Assembly. The rule amendments included associated supporting edits within the adopted administrative

rule s.

The 2013 amendments also included general housekeeping edits to a number of rules. These changes corrected grammatical errors and updated outdated references and did not change the intent or effect of any existing rules adopted under the Forest Practic es Act.

In 2012, the Oregon Legislative Assembly passed Senate Bil l 1546, which amended ORS 527.745 to allow the Oregon Department of Forestry to waive reforestation requirements after timber harvest along state highways in areas deemed to be unsuitable for reforestation by the Oregon Department of Transportation in order to maintain motorist safety and to protect highways, bridges and utility lines

.

The table of contents for the administrative rules is on the inside cover page. The table of contents for the Forest Practices Act is on page 74

.Table of Contents

Division 600, Definitions

................................ ................................ ................................ ................................ 1
Division 605, Planning Forest Operations

................................ ................................ ................................ .... 6

Division 610, Forest Practices Reforestation Rules

................................ ................................ .................... 1 5

Division 611, Forest Practice Afforestation Incentive Rules

................................ ................................ ....... 20

Division 615, Treatment of Slash

................................ ................................ ................................ ................ 21

Division 620, Chemical and Other Petroleum Product Rules

................................ ................................ ..... 23
Division 623, Shallow, Rapidly Moving Landslides and Public Safety

................................ ........................ 2 6

Division 625, Forest Roads; Road Construction and Maintenance

................................ ............................ 30
Division 630, Harvesting

................................ ................................ ................................ ............................ 3 4
Division 635, Water Protection Rules: Purpose, Goals, Classification and Riparian Management Areas 37
Division 640, Water Protection Rules: Vegetation Retention Along Streams

................................ ............ 4 2
Figure 1 and Tables 1

– 7

................................ ................................ ................................ ...................... 5 0

- 5 3

Division 645, Water Protection Rules: Ri parian Management Areas and Protection Measures for Significant Wetlands

................................ ................................ ................................ ............................. 54
Division 650, Water Protection Rules: Riparian Management Areas and Protection Measures for Lakes 56

Division 655, Water Protection Rules: Protection Measures for "Other Wetlands", Seeps and Springs

.... 57
Division 660, Water Protection Rules: Specific Rules for Operations Near Waters of the State

................ 58
Division 665, Specified Resource Site Protection Rules

................................ ................................ ............ 58

Division 670

, Forest Practices Administration; Civil Penalties

................................ ................................ .... 64
Oregon Forest Practices Act

................................ ................................ ................................ ....................... 74
Department of Forestry Office Addresses and Phone Numbers

................................ ................. Back Cover



## Notes

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_____________________________________________________________________________________January 2014 Oregon Forest Practice s Act 1 DIVISION 600

DEFINITIONS

629

- 600

- 0050

Forest Practice Rules OAR chapter 629, divisions 600 through 680 are known as the forest practice rules

.

629

- 600

- 0100

Definitions As used in OAR chapter 629, divisions 605 through 669 and divisions 680 through 699, unless otherwise required by context: (1) " Abandoned resource site " means a resource site that the State Forester determines is not active. (2) " Active resource site " means a resource site that the State Forester determines has been used in the recent past by a listed species. 'Recent past' shall be identi fied for each species in administrative rule. Resource sites that are lost or rendered not viable by natural causes are not considered active. (3) " Active roads " are roads currently being used or maintained for the purpose of removing commercial forest p roducts. (4) " Aquatic area " means the wetted area of streams, lakes and wetlands up to the high water level. Oxbows and side channels are included if they are part of the flow channel or contain fresh water ponds. (5) " Artificial reforestation " means r estocking a site by planting trees or through the manual or mechanical

distribution of seeds. (6) " Basal area " means the area of the cross

- section of a tree stem derived from DBH. (7) " Basal area credit " means the credit given towards meeting the live tree requirements within riparian management areas for placing material such as logs, rocks or rootwads in a stream, or conducting other enhancement activities such as side channel creation or grazing exclosures. (8) " Bog " means a wetland that is charact erized by the formation of peat soils and that supports specialized plant communities. A bog is a hydrologically closed system without flowing water. It is usually saturated, relatively acidic, and dominated by ground mosses, especially sphagnum. A bog may be forested or non

forested and is distinguished from a swamp and a marsh by the dominance of mosses and the presence of extensive peat deposits. (9) " Channel " is a distinct bed or banks scoured by water which serves to confine water and that periodical ly or continually contains flowing water. (10) " Chemicals " means and includes all classes of pesticides, such as herbicides, insecticides, rodenticides, fungicides, plant defoliants, plant desiccants, and plant regulators, as defined in ORS 634.006(8);

f ertilizers, as defined in 633.311; petroleum products used as carriers; and chemical application adjuvants, such as surfactants, drift control additives, anti

- foam agents, wetting agents, and spreading
agents. (11) " Commercial " means of or pertaining to the exchange or buying and selling of commodities or services. This includes any activity undertaken with the intent of generating income or profit; any activity in which a landowner, operator or timber owner receives payment fr om a purchaser of forest products; any activity in which an operator or timber owner receives payment or barter from a landowner for services that require

notification under OAR 629

- 605

- 0140; or any activity in which the landowner, operator, or timber owne r barters or exchanges forest products for goods or services. This does not include firewood cutting or timber milling for personal use. (12) " Completion of the operation " means harvest activities have been completed to the extent that the operation area will not be further disturbed by those activities. (13) " Conflict " means resource site abandonment or reduced resource site productivity that the State Forester determines is a result of forest practices. (14) " Debris torrent

- prone streams " are design ated by the State Forester to include channels and confining slopes that drain watersheds containing high landslide hazard locations that are of sufficient confinement and channel gradient to allow shallow, rapid landslide movement. (15) " Department " mea ns the Oregon Department of Forestry. (16) " Diameter breast height " (DBH) means the diameter of a tree inclusive of the bark measured four and

one

- half feet above the ground on the uphill side of the tree. (17) " Domestic water use " means the use of wat er for human consumption and other household human use. (18) " Dying or recently dead tree " means a tree with less than ten percent live crown or a standing tree which is dead, but has a sound root system and has not lost its small limbs. Needles or leaves may still

be attached to the tree. (19) " Estuary " means a body of water semi

- enclosed b y land and connected with the open ocean within which saltwater is usually diluted by freshwater derived from the land. "Estuary" includes all estuarine waters,January 2014 Oregon Forest Practice s Act 2

tidelands, tidal marshes, and submerged lands extending upstream to the head of tidewater. Howe ver, the Columbia River Estuary extends to the western edge of Puget Island. (20) " Exposure categories " are used to designate the likelihood of persons being present in structures or on public roads during periods when shallow, rapidly moving landslides may occur. (21) " Filling " means the deposit by artificial means of any materials, organic or inorganic. (22) "Fish use" means inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered speci es under the federal or state endangered species acts. (23) " Fledging tree" means a tree or trees close to the nest which the State Forester determines are regularly used by young birds to develop flying skills. (24) " Foraging area " means an area (usually a body of water) where bald eagles concentrate their hunting

activities. (25) " Foraging perch " means a tree or other structure that overlooks a portion of a foraging area and is habitually used by bald eagles as a vantage point w hile hunting. (26) " Forestland " means land which 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. (27) “ 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. (28) “ 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. ( 29 ) " Free to grow " means the State Forester's determination that a tree or a stand of well distributed trees, o f acceptable species and good form, has a high probability of remaining or becoming vigorous, healthy, and dominant over undesired competing vegetation. For the purpose of this definition, trees are considered well distributed if 80 percent or more of the portion of the operation area subject to the reforestation requirements of the rules contains at least the minimum per acre tree stocking required by the rules for the site and not more than ten percent contains less than one

- half of the minimum per acre

t ree stocking required by the rules for the site. ( 30 ) " Further review area " means an area of land that may be subject to rapidly moving landslides as mapped by the State Department of Geology and Mineral Industries or as otherwise determined by the

State Forester. ( 31 ) " Geographic region " means large areas where similar combinations of climate, geomorphology, and potential natural vegetation occur, established for the purposes of implementing the water protection

rules. (32) “ 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 le vel established by rule of the board that represents adequate utilization of the productivity of the site. (33) “ Harvest type 2 ” means an operation that requires wildlife leave trees but does not require reforestation. A harvest type 2 does not require r eforestation 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. (34) “ 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. ( 35 ) " High landslide haz ard location " means a specific site that is subject to initiation of a shallow, rapidly moving landslide. The following criteria shall be used to identify high landslide hazard locations:January 2014 Oregon Forest Practice s Act 3

(a) The presence, as measured on site, of any slope in western Oregon (excluding competent rock outcrops) steeper than 80 percent, except in the Tyee Core Area, where it is any slope steeper than 75 percent; or (b) The presence, as measured on site, of any headwall or draw in western Oregon steeper than 70 percent, except in the Tyee Core Area, where it is any headwall or draw steeper than 65 percent. (c) Notwithstanding the slopes specified in (a) or (b) above, field identification of atypical conditions by a geotechnical specialist may be used to develop site specific slope steepness thresholds for any part of the state where the hazard is equivalent to (a) or (b) above. The final determination of equivalent hazard shall be made by the State Forester. ( 36) " High water level " means the stage reached during the average annual high flow. The "high water level" often corresponds with the edge of streamside terraces, a change in vegetation, or a change in soil or

litter characteristics. ( 37 ) " Hydrologic function " means soil, stream, wetland and riparian area properties related to the storage, timing, distribution, and circulation of water. ( 38 ) " Important springs " are springs in arid parts of eastern Oregon that have established wetland vegetation, flow year round in most years, are used by a concentration of diverse animal species, and by reason of sparse occurrence have a major influence on the distribution and abundance of upland species. ( 39 ) " Inactive roads " are roads used for forest management pu rposes exclusive of removing commercial forest products. ( 40 ) " Key components " means the attributes which are essential to maintain the use and productivity of a resource site over time. The key components vary by species and resource site. Examples incl ude fledging trees or perching trees. ( 41 ) " Lake " means a body of year

- round standing open water. (a) For the purposes of the forest practice rules, lakes include: (A) The water itself, including any vegetation, aquatic life, or habitats therein; and (B) Beds, banks or wetlands below the high water level which may contain water, whether or not water is actually present. (b) "Lakes" do not include water developments as defined in section ( 90 ) of this rule. ( 42 ) " Landslide mitigation " means actions taken to reduce potential landslide velocity or re

- direct shallow, rapidly moving landslides near structures and roads so risk to persons is reduced. (43) “ 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. ( 44 ) " Large lake " means a lake great er than eight acres in size. ( 45 ) " Large wood key piece " means a portion of a bole of a tree, with or without the rootwad attached, that is wholly or partially within the stream, that meets the length and diameter standards appropriate to stream

size and high water volumes established in the “Guide to Placement of Wood, Boulders and Gravel for Habitat Restoration,” developed by the Oregon Department of Forestry, Oregon Department of Fish and Wildlife, Oregon Department of State Lands, and Oregon Watershed Enhancement Board, January 2010. ( 46 ) " Live tree " means a tree that has 10 percent or greater live crown. ( 47 ) " Local population " means the number of birds that live within a geographical area that is identified by the State Forester. For example: the area may be defined by physical boundaries, such as a drainage or

subbasin. ( 48 ) " Main channel " means a channel that has flowing water when average flows occur. ( 49 ) " Natural barrier to fish use " is a natural feature such as a waterfall, increase in stream gradient, channel constriction, or other natural channel blockage that prevents upstream fish passage. ( 50 ) " Natural reforestation " means restocking a site with self

- grown trees resulting fro m self

- seeding or vegetative means. ( 51 ) " Nest tree " means the tree, snag, or other structure that contains a bird nest. ( 52 ) " Nesting territory " means an area identified by the State Forester that contains, or historically contained,

one or more nests of a mated pair of birds. ( 53 ) " 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;January 2014 Oregon Forest Practice s Act 4 (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 harv est 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 t erm 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 agricult ural 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 c hange after timber harvest activities have been completed and land use conversion activities have commenced. ( 54 ) " Operator " means any person, including a landowner or timber owner, who conducts an operation. ( 55 ) " Other wetland " means a wetland that i s not a significant wetland or stream

- associated wetland. ( 56 ) " Perch tree " means a tree identified by the State Forester which is used by a bird for resting, marking its territory, or as an approach to its nest. ( 57 ) " Plan for an Alternate Practice " means a document prepared by the landowner, operator or timber owner, submitted to the State Forester for written approval describing practices different than those prescribed in statute or administrative rule. ( 58 ) " Relief culvert " means a structure t o relieve surface runoff from roadside ditches to prevent excessive buildup in volume and velocity. ( 59 ) " Removal " means the taking or movement of any amount of rock, gravel, sand, silt, or other inorganic

substances. ( 60 ) " Replacement tree " means a tr ee or snag within the nesting territory of a bird that is identified by the State Forester as being suitable to replace the nest tree or perch tree when these trees become

unusable. ( 61 ) " Resource site " is defined for the purposes of protection and for t he purposes of requesting a hearing. (a) For the purposes of protection: (A) For threatened and endangered bird species, "resource site" is the nest tree, roost trees, or foraging perch and all identified key components. (B) For sensitive bird nesting, roosting and watering sites, "resource site" is the nest tree, roost tree or mineral watering place, and all identified key components. (C) For significant wetlands "resource site" is the wetland and the riparian management area as identified by the State Forester. (b) For the purposes of requesting a hearing under ORS 527.670(4) and 527.700(3), "resource site"

is defined in OAR 629

- 680

- 0020. ( 62 ) " Riparian area " means the ground along a water of the state where the vege tation and microclimate are influenced by year

- round or seasonal water, associated high water tables, and soils which exhibit some

wetness characteristics. ( 63 ) " Riparian management area " means an area along each side of specified waters of the state wit hin which vegetation retention and special management practices are required for the protection of water quality, hydrologic functions, and fish and wildlife habitat. ( 64 ) " Roosting site " means a site where birds communally rest at night and which is uni que for that purpose. ( 65 ) " Roost tree " is a tree within a roosting site that is used for night time roosting. ( 66 ) " Saplings and poles " means live trees of acceptable species, of good form and vigor, with a DBH of one

to 10 inches. ( 67 ) " Seedlings " means live trees of acceptable species of good form and vigor less than one inch in DBH. ( 68 ) " Shallow, rapidly moving landslide " means any detached mass of soil, rock, or debris that begins as a relatively small landslide on steep slopes and grows to a sufficient size to cause damage as it moves down a slope or a stream channel at a velocity difficult for people to outrun or escape. ( 69 ) " Side channel " means a channel other than a main channel of a stream that only has flowing water when high water l evel occurs. ( 70 ) " Significant wetlands " means those wetland types listed in OAR 629

- 680

- 0310, that require site specific protection, as follows:January 2014 Oregon Forest Practice s Act 5

(a) Wetlands that are larger than eight acres; (b) Estuaries; (c) Bogs; and (d) Important springs in eastern Oregon. ( 71 ) " Snag " means a tree which is dead but still standing, and that has lost its leaves or needles and its small

limbs. ( 72 ) " Sound snag " means a snag that retains some intact bark or limb stubs. ( 73 ) " Staging tree " is a tree within the vicinity of a roosting site that is used for perching by bald eagles before entering the roost. ( 74 ) “ State Forester ” means the State Forester or the duly authorized representative of the State Forester. ( 75 ) " Stream " means a channel, such as a river or creek, that carries flowing surface water during some portion of the year. (a) For the purposes of the forest practice rules, streams include: (A) The water itself, including any vegetation, aquatic life, or habitats the rein; (B) Beds and banks below the high water level which may contain water, whether or not water is actually present; (C) The area between the high water level of connected side channels; (D) Beaver ponds, oxbows, and side channels if they are connected by surface flow to the stream during a portion of the year; and (E) Stream

- associated wetlands. (b) "Streams" do not include: (A) Ephemeral overland flow (such flow does not have a cha nnel); or (B) Road drainage systems or water developments as defined in section ( 90 ) of this rule. ( 76 ) " Stream

- associated wetland " means a wetland that is not classified as significant and that is next to a

stream. ( 77 ) " Structural exception " mean s the State Forester determines that no actions are required to protect the resource site. The entire resource site may be eliminated. ( 78 ) " Structural protection " means the State Forester determines that actions are required to protect the resource site. Examples include retaining the nest tree or perch tree. ( 79 ) " Temporal exception " means the State Forester determines that no actions are required to prevent

di sturbance to birds during the critical period of use. ( 80 ) “ Temporal protection " means the State Forester determines that actions are required to prevent disturbance to birds during the critical period of use. (81) “ 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. ( 82 ) " Tree leaning over the channel " means a tree within a riparian management area if a portion of its bole crosses the vertical projection of the high water level of a stream. ( 83 ) " Tyee Core Area " means a location with geologic conditions including thick sandstone beds with few

fractures. Thes e sandstones weather rapidly and concentrate water in shallow soils creating a higher shallow, rapidly moving landslide hazard. The Tyee Core area is located within coastal watersheds from the Siuslaw watershed south to and including the Coquille watershed , and that portion of the Umpqua watershed north of Highway 42 and west of Interstate 5. Within these boundaries, locations where bedrock is highly fractured or not of sedimentary origin as determined in the field by a geotechnical specialist are not subje ct to the Tyee Core area slope steepness thresholds. ( 84 ) " Type D stream " means a stream that has domestic water use, but no fish use. ( 85 ) " Type F stream " means a stream with fish use, or both fish use and domestic water use. ( 86 ) " Type N stream " me ans a stream with neither fish use nor domestic water use. ( 87 ) " Unit " means an operation area submitted on a notification of operation that is identified on a map and that has a single continuous boundary. Unit is used to determine compliance with ORS 527.676 (down log, snag and green live tree retention), 527.740 and 527. 750 (harvest type 3 size limitation), and other forest practice rules. ( 88 ) " Vacated roads " are roads that have been made impassable and are no longer to be used for forest management purposes or commercial forest harvesting activities. ( 89 ) " Water bar " means a diversion ditch and/or hump in a trail or road for the purpose of carrying surface water runoff into the vegetation and duff so that it does not gain the volume and velocity which causes soil

movement or erosion. ( 90 ) " Water development " means water bodies developed for human purposes that are not part of a stream such as waste treatment lagoons, reservoirs for industrial use, drainage ditches, irrigation ditches, farmJanuary 2014 Oregon Forest Practice s Act 6

ponds, stock ponds, settling ponds, gravel ponds, cooling ponds, log ponds, p ump chances, or heli

- ponds that are maintained for the intended use by human activity. ( 91 ) " Waters of the state " include lakes, bays, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, wetlands, inlets, canals, th e Pacific Ocean within the territorial limits of the State of Oregon, and all other bodies of surface or underground waters, natural or artificial, inland or coastal, fresh or salt, public or private (except those private waters which do not combine or eff ect a junction with natural surface or underground waters), which are wholly or partially within or bordering the state or within its jurisdiction. ( 92 ) " Wetland " means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include marshes, swamps, bogs, and similar areas. Wetlands do not include wate r developments as defined in section ( 90 ) of this

rule. (93) “ Wildlife leave trees ” means trees or snags required to be retained as described in ORS 527.676 (1). ( 94 ) " Written plan " means a document prepared by an operator, timber owner or landowner that describes how the operation is planned to be conducted.

DIVISION 605

PLANNING FOREST OPERATIONS

629

- 605

- 0100 Compliance (1) The operator, landowner, or timber owner shall comply with the practices described in the forest practice statutes and rules unless approval has been obtained from the State Forester for a plan for an alternate practice which is designed to result in the s ame effect or to meet the same purpose or provide equal or better results as those practices described in statute or administrative rule. (2) The State Forester may approve a plan for an alternate practice to waive or modify forest practice rules

when: ( a) The State Forester determines that a federal or state agency, a college or university, or a private landowner has submitted an application to the State Forester for a bona fide research project involving activities not in accordance with the rules; or (b) The State Forester determines that waiving or modifying a specific practice will result in less environmental damage than if the practice is applied; or (c) After consulting with the Department of Fish and Wildlife or other responsible coordinating state agency, the State Forester determines that waiving or modifying a specific practice will improve soil, water quality, fish habitat, or wildlife habitat; or (d) The State Forester determines that the alternate practice is necessary to provide for p ublic safety or to accomplish a land use change. (3) When the State Forester's approval does not follow the written recommendations of the Department of Fish and Wildlife or other responsible coordinating state agency, the State Forester shall maintain a written explanation of the reasons for approving the alternate practices. (4) The State Forester may approve a plan for an alternate practice to waive or modify rules for resource

sites identified in OAR 629

- 680

- 0100 (Threatened or Endangered Fish and W ildlife Species), 629

- 680

- 0200 (Sensitive Bird Nesting, Roosting and Watering Sites), 629

- 680

- 0300 (Significant Wetlands), or 629

- 680

- 0400 (Biological Sites) when: (a) The county has an adopted program under OAR 660

- 016

- 0005 and 660

- 016

- 0010 that has

eval uated the resource sites; and (b) Applying the forest practice rules for the identified resource sites would regulate or prevent operations, or uses, allowed under the acknowledged county comprehensive plan.

629

- 605

- 0105 Notice of Federal Endangered Spe cies Act Compliance with the forest practices rules does not substitute for or ensure compliance with the federal Endangered Species Act. Nothing in these rules imposes any state requirement to comply with the federal Endangered Species Act

. Landowners and operators are advised that federal law prohibits a person from taking certain threatened or endangered species which are protected under the Endangered Species Act.January 2014 Oregon Forest Practice s Act 7

629

- 605

- 0110

Annual Review The State Forester shall, at least once each year, meet with other state agencies concerned with the forest environment to review the Forest Practice Rules relative to sufficiency. The State Forester shall then report to the Board of Forestry a summary of such meeting or meetings together with recomm endations for amendments to rules, new rules, or repeal of rules.

629

- 605

- 0120

Consultation Department personnel shall consult with personnel of other state agencies concerned with the forest environment situations where expertise from such agencies is d esirable or necessary.

629

- 605

- 0130 Compliance with the Rules and Regulations of the Department of Environmental Quality Each operation, as defined by ORS 527

. 620, shall be conducted in full compliance with the rules and regulations of the Department of Environmental Quality relating to air and water pollution control. In addition to all other remedies, any violation thereof shall be subject to all remedies and sanctions available by law, rule , or regulation to the Department of Environmental Quality.

629

- 605

- 0140

Notification to the State Forester

— Types of Operations Under the provisions of ORS 527.670: (1) Notification to the State Forester shall be given for the following types of opera tions: (a) Harvesting of forest tree species including, but not limited to, felling, bucking, yarding, decking, loading or hauling. (b) Construction, reconstruction and improvement of roads, including reconstruction or replacement of crossing structures on any streams. (c) Site preparation for reforestation involving clearing or the use of heavy machinery. (d) Application of chemicals. (e) Clearing forestland for conversion to any non

- forest use. (f) Disposal or treatment of slash. (g) Pre

- commer cial thinning. (h) Cutting of firewood, when the firewood will be sold or used for barter. (i) Surface mining. (2) Notification to the State Forester shall not be required for the following types of activities, which may or may not be operations: (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) Routine road maintenance, such as grading, ditch cleaning, culvert cleaning, cross drain

installation that is not in a stream, or rocking. (c) Tree planting or tree seed applications, except when trees or seeds are treated with rodenticides. (d) Cutting of firewood, when the firewood will not be sold or used for barter. (e) Harvesting or collection of minor forest products, such as boughs, cones and hardwood burls. (f) Road reconstruction of an emergency nature where delay for notification procedures presents a greater potential for resource damage than the operation. Within 48 hours after starting a n emergency road reconstruction operation, the operator shall contact the State Forester and report the operation. When asked by the State Forester, the operator shall be able to demonstrate that an emergency actually existed. (g) The establishment, manag ement, 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 plantin g; (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. (h) 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.January 2014 Oregon Forest Practice s Act 8

(i ) The establishment, management or harvest of ornamental, street, or park trees within an urbanized area, as that term is defined in ORS 221.010. (j) The management or harvest of juniper species conducted in a unit of less than 120 contiguous

acres within a single ownership. (k) 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. (l) The development of an approved land use change after timber harvest activities have been completed and land use conversion activities have commenced. (3) Exemption from notification of cer tain types of operations does not relieve the operator's responsibility for complying with the applicable forest practice rules.

629

- 605

- 0150

Notification to the State Forester

— When, Where and How (1) The operator, landowner or timber owner shall not ify the State Forester as required by ORS 527.670(6), at least 15 days before starting an operation. (2) The State Forester may waive the 15 day waiting period required in section (1) of this rule, except as prohibited in ORS 527.670(9) for aerial applic ations of chemicals and 527.670(10) for operations requiring a written plan under 527.670(3)(a), (b) and (c) . Waivers may be granted when the State Forester has already previewed the operation site or has otherwise determined the operation to have only min or potential for resource damage. Waivers shall be made in writing, and on an individual notification basis. (3) Once an operation is actually started following proper notification of the State Forester, the operation may continue into the following cale ndar year without further notification under 527.670(6), provided: (a) There are no changes to the information required on the notification; (b) The operator gives written notice to the State Forester of their intent to continue the operation within the first two months of the following calendar year; and (c) The operation actively continues within the first six months of the following calendar y ear. (4) No notification is valid after the second calendar year, unless: (a) The landowner or operator submits a written request to extend the notification before the end of the second calendar year; (b) There are no changes to the information submi tted on the original notification; and (c) The State Forester approves the request. (5) Notwithstanding sections (3) and (4) of this rule, nothing in this rule relieves an operator, landowner or timber owner of the responsibility to comply with ORS 477 .625, requiring a permit to use fire or power

driven machinery; or 321.550 requiring notification of intent to harvest provided to the Department of Revenue through the department for tax collection purposes. (6) For the purposes of ORS 527.670 a notific ation will be considered received only when the information required by the State Forester is complete and the necessary forms are on file at the department district or unit office responsible for the area in which the operation will take place. Notificati ons not properly completed shall be promptly returned to the party submitting them. Properly completed notifications submitted to an incorrect department office will be forwarded to the correct office. (7) Notifications required by ORS 527.670(6) shall b e completed in detail, on forms provided by the State Forester. The notification shall include a map to scale, or aerial photograph that is corrected for distortion, on which the boundary of the operation unit is clearly marked. When more than one type of operation activity or more than one unit is submitted on a single notification, each operation unit shall be identifiable as to the type of operation activity, by legal subdivision, and drawn on a map to scale, aerial photograph corrected for distortion, o r other appropriate means. Operations involving harvesting in more than one county may not be combined on the same notification because of tax collection requirements. (8) When operations include the application of chemicals, properly completed notificat ions shall include the common name of the chemicals to be used; the brand name, if known at the time of notification; the application method; and, for fertilizers, the intended application rate per acre. Public information on allowable application rates of commonly applied forest chemicals will be maintained at department field offices. Additional information on chemical applications shall be collected and recorded by operators at the time of application, and made available upon request to the State Foreste r, pursuant to OAR 629

- 620

- 0600. (9) The operator, landowner or timber owner, whichever filed the original notification, shall contact the State Forester and report any subsequent change to information contained in the notification. Additions to the

geog raphic location, however, shall require a separate notification.January 2014 Oregon Forest Practice s Act 9

629

- 605

- 0160 Forest Practices Regions The state is divided into three regions to better achieve the purposes of the forest practice rules. These regions

are: (1) Eastern Oregon Region Boundary: All land east of the summit of the Oregon Cascade Range as described by the following boundary: Beginning at a point on the Columbia River near the junction of Interstate 84 and State Highway 35, thence southerly along State Highway 35 to the north line of Section 5, T2S

- R10E; thence east to the NE corner Section 5; thence southeasterly approximately 1.5 miles to a point of intersection with Forest Road No. 1720 in Section 9, T2S

- R10E; thence easterly along said road

and alon g Forest Road No. 44 to the east line of Section 12, T2S

- R10E; thence southerly along the western boundaries of Wasco, Jefferson, Deschutes, and Klamath Counties to the southern boundary of Oregon. (2) Northwest Oregon Region Boundary: All land west of t he summit of the Oregon Cascade range as described in the Eastern Oregon Region Boundary , north of the south boundary of Lane County. (3) Southwest Oregon Region Boundary: All land west of the summit of the Cascade Range as described in the Eastern Orego n Region Boundary; south of the south boundary of Lane County.

629

- 605

- 0170

Written Plans (1) Definition of “Directly Affect” and “Physical Components” For the purpose of section (4) of this rule: (a) “Physical components” means materials such as, but not limited to, vegetation, snags, rocks and
soil; and (b) “Directly affect” means that physical components will be moved, disturbed, or otherwise altered by the operation.

Statutory Written Plans for Operations near Type F and Type D Streams ( 2 ). An operator must submit to the State Forester a written plan as required by ORS 527.670(3) before conducting an operation that requires notification under OAR 629

- 605

- 0140, and that is within 100 feet of a Ty pe F or Type D stream

.

Statutory Written Plans for Operations near Wetlands larger than Eight Acres, Bogs or Important Springs in Eastern Oregon (3) An operator must submit to the State Forester a written plan as required by ORS 527.670(3) before conducting an operation that requires notification under OAR 629

- 605

- 0140, and that is within 100 feet of a significant wetland that is a wetland larger than eight acres (not an estuary), a bog, or an important spring in Eastern Oregon as identified in 629

- 645

- 0000 (Riparian Management Areas and Protection Measures for Significant Wetlands).

Waiver of Statutory Written Plans (4 ) The State Forester may waive, in writing, the requirement for a written plan described in sections (2) and (3) if the operation activity will not directly affect the physical components of the riparian management area. Further direction of when a waiver will be granted is described in Technical Note FP10 dated September 1, 2013.

Statutory Written Plans for Operations near Wildlife Sites and Estuaries (5) An operator must submit to the State Forester a written plan as required by ORS 527.670(3) before conducting an operation that requires notification under OAR 629

- 605

- 0140, and that is within 300 feet of

any: ( a ) S pecific site involving threatened or endangered wildlife species, or sensitive bird nesting, roosting, or watering sites; as listed by approximate legal description, in a document published by the Department of Forestry titled "Cooperative Agreement Betwee n the Board of Forestry and the Fish and Wildlife Commission, March 28, 1984." ( b) R esource site identified in OAR 629

- 665

- 0100 ( Species Using Sensitive Bird Nesting, Roosting and Watering Sites), 629

- 665

- 0200 ( Resource Sites Used By Threatened and Endan gered Species). (c) Significant wetland that is classified as an estuary identified in OAR 629

- 645

- 0000 (Riparian Management Areas and Protection Measures for Significant Wetlands).January 2014 Oregon Forest Practice s Act 10

( d ) N esting or roosting site of threatened or endangered species listed by the U.S. Fish and Wildlife Service or by the Oregon Fish and Wildlife Commission by administrative rule.

Statutory Written Plans and Stewardship Agreements (6) The written plan requirements in section (2), (3) and (5) of this rule do not apply to operations that will be conducted pursuant to a stewardship agreement entered into under ORS 541.423.

Statutory Written Plan Requirements and Notification of Protected Resource Sites ( 7 ) The State Forester shall notify the operator of the presence of any site listed in section (2), (3) or (5) of this rule at any time the State Forester determines the presence of those sites.

(8) The State Forester shall notify the operator that a written plan is required if: (a) The operation will be within 100 feet of any sites listed in sections (2) or (3) of this rule and the operation will directly affect the physical components of a riparian management area associated with any of those sites; or (b) The operation will be wi thin 300 feet of any site listed in section (5) of this rule.

Statutory Written Plan Hearing Provisions ( 9 ) Written plans required under sections (2), (3) or (5) of this rule shall be subject to the hearings provisions of ORS 527.700 (Appeals from orders of State Forester hearings procedure; stay of operation); and shall be subject to the provisions of 527.670 (8) through (12) (Commencement of operations; when not ice and written plan required; appeal of plan) prescribing certain waiting periods and procedures.

Non

- Statutory Written Plans ( 10 ) A n operator must submit a written plan as required by ORS 527.670(2) and the rules listed below unless

the State Forester waives the written plan requirement. Written plans required by the rules listed below

are not subject to the provisions of 527.700(3) or 527.670(10), (11) and (12). (a) 629

- 605

- 0190(1)

— Operating near or within sites that are listed in the "Cooperative Agreement Between the Board of Forestry and the Fish and Wildlife Commission, March 28, 1984" or sites designated by the State Forester; (b) 629

- 605

- 0190(2)

— Operating near or within h abitat sites of any wildlife or aquatic species classified by the Department of Fish and Wildlife as threatened or endangered; (c) 629

- 623

- 0700(1)

— Conducting timber harvesting or road construction operations with intermediate or substantial downslope public safety risk; (d) 629

- 623

- 0700(2)

— Constructing a stream crossing fill over a debris torrent

- prone stream with

intermediate o r substantial downslope public safety risk; (e) 629

- 623

- 0700(3)

— Locating a waste

- fill area within a drainage containing debris torrent

- prone streams with intermediate or substantial downslope public safety risk; (f) 629

- 625

- 0100(2)(a)

— Constructing a road where there is an apparent risk of road

- generated materials entering waters of the state from direct placement, rolling, falling, blasting, landslide or debris flow; (g) 629

- 625

- 100(2)(c)

— Constructing a road within the riparian management area o f a medium or large Type N stream; (h) 629

- 625

- 0100(3)

— Constructing a road on high landslide hazard locations; (i) 629

- 625

- 0100(4)

— Placing woody debris or boulders in the stream channel of a Type N stream for stream enhancement; (j) 629

- 625

- 0320( 1)(b)(B)

— Constructing a permanent stream crossing fill over 15 feet deep in a Type N stream; (k) 629

- 630

- 0200(3)

— Locating a landing within the riparian management area of a medium or large Type N stream; (l) 629

- 630

- 0700(3)

— Yarding across streams classified as medium or large Type N; (m) 629

- 630

- 0800(4)(c)

— Constructing a temporary stream crossing fill over 8 feet deep in a Type N

stream; (n) 629

- 650

- 0005

— Operating within 100 feet of a large lake; (o) 629

- 660

- 0050(1)

— Removing beaver dam s or other natural obstructions located farther than 25 feet from a culvert in a Type N stream; (p) 629

- 665

- 0020(2)

— Operating near a resource site requiring special protection; and (q) 629

- 665

- 0210(1)

— Operating near a Northern Spotted Owl resource site.January 2014 Oregon Forest Practice s Act 11

( 11 ) If an operator, timber owner or landowner is required to submit a written plan to the State Forester under subsection (4) of this section: (a) The State Forester shall review t he written plan and may provide comments to the person who submitted the written plan; (b) Provided that notice has been given as required by ORS 527.670 and OAR 629

- 605

- 0150, the operation may commence on the date the State Forester provides comments. I f no comments are provided the operation may commence at any time after 14 calendar days following the date the written plan was received; (c) Comments provided by the State Forester under paragraph (a) of this subsection, 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 provi ded by the State Forester do not constitute an approval of the written plan or operation; (d) If the State Forester does not comment on a written plan, the failure to comment does not mean an operation carried out in conformance with the written plan com plies 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; (e) In the event that the State Forester determines that an enforcement action may be appropriate

conce rning the compliance of a particular operation with ORS 527.610 to 527.770 or rules adopted thereunder, the State Forester shall consider, but is not bound by, comments that the State Forester provided under this section.

Written Plan Content ( 12 ) Written plans required under OAR 629

- 605

- 0170 must contain a description of how the operation is planned to be conducted in sufficient detail to allow the State Forester to evaluate and comment on the likelihood that the operation will comply with the Fore st Practices Act or administrative rules. ( 13 ) Written plans required under OAR 629

- 605

- 0170 will be considered received when complete with the following information: (a) A map showing protected resource(s) and the harvest area; and (b) The specific resource(s) that require protection; and (c) The practices that may affect the protected resource(s) such as road and landing location, disposal of waste materials, felling and bucking and post operation stabilization measures; and (d) The specific tec hniques and methods employed for resource protection such as road and landing design, road construction techniques, drainage systems, buffer strips, yarding system and layout;

and (e) Additional written plan content required in individual rules. (14) I n addition to the other requirements in this rule, written plans for operations within 100 feet of domestic water use portions of Type F or D streams must contain a description of the practices and methods that will be used to prevent sediment from enterin g waters of the state. ( 15 ) Modification of a written plan shall be required when, based on information that was not available or was unknown at the time the original written plan was reviewed, the State Forester determines the written plan no longer add resses compliance with applicable forest practice rules. Written plans with modifications required under this section shall not be subject to the provisions of ORS 527.670(10) and (11) relating to waiting periods for written plans.

629

- 605

- 0173

Plans for an Alternate Practice (1) Operators must obtain written approval of a plan for an alternate practice from the State Forester before conducting forest practices utilizing protection standards or methods different than those specified in rule

or statute. (2) Plans for an alternate practice must include sufficient information to allow the State Forester to assess the plan to determine that the practices described in the plan will yield results consistent with ORS 527.610 to

527.770 and administrative rule s adopted thereunder. (3) Plans for alternate practices proposed as part of a written plan required by ORS 527.670(3) shall be subject to the hearings provisions of 527.700(3) (Appeals from orders of State Forester hearings procedure; stay of operation); and shall be subject to the provisions of 527.670(10), (11) and (12) (Commencement of operations; when notice and written plan required; appeal of plan) prescribing certain waiting periods and procedures. (4) An operator must comply with all provisions of an approved plan for an alternate practice.January 2014 Oregon Forest Practice s Act 12

(5) The following rules require an operator to submit a plan for an alternate practice and obtain approval from

the State Forester of the plan before starting the specified practice or operation: (a) 629

- 605

- 0100(2)(a)

— Waiving or modifying the rules or statutes for a bona fide research project conducted by a federal or state agency, a college or university, or a private landowner; (b) 629

- 605

- 0100(2)(b)

— Waiving or modifying a specific practice wh en doing so will result in less environmental damage than if the practice is applied; (c) 629

- 605

- 0100(2)(c)

— Waiving or modifying a specific practice when doing so will improve soil, water quality, fish habitat, or wildlife habitat; (d) 629

- 605

- 0100(2)(d)

— Waiving or modifying rules to provide for public safety or to accomplish a land use change; (e) 629

- 605

- 0100(4)

— Waiving or modifying rules for resource sites when a county has an adopted program under OAR 660

- 016

- 0005 and OAR 660

- 0 16

- 0010 that has evaluated the resource sites; (f) 629

- 605

- 0173(1)

— Conducting forest practices utilizing protection standards or methods different than those specified in rule or statute; (g) 629

- 605

- 0175(2)

— Conducting operations that result in a s ingle harvest type 3 unit, or combinations of harvest type 3 units, that exceed the contiguous 120 acre limit on a single ownership; (h) 629

- 605

- 0175(7)

— Waiving the harvest type 3 acreage limitations for conversions or disasters

described in ORS 527.74 0(4); (i) 629

- 605

- 0180(3)

— Describing reasonable measures to resolve conflicts between an operation and protection of a resource site requiring a written plan under OAR 629

- 605

- 0170(1)(b) or (d); ( j ) 629

- 605

- 0500

— Modifying the protection requirement s for streams, lakes, wetlands and riparian management areas for reasons of forest health or because of hazards to public safety or
property; ( k ) 629

- 610

- 0020(3)

— Waiving or modifying the reforestation requirements following a stand improvement operation where the residual stand conditions will result in enhanced long

- term tree growth; (l) 629

- 610

- 0020(10)

— Modifying or waiving reforestation sto cking levels if the purposes of the reforestation rules will be achieved or for a research project conducted by a public agency or
educational institution; ( m ) 629

- 610

- 0030(3)

— Utilizing natural reforestation methods when an operation results in a

refor estation requirement; ( n ) 629

- 610

- 0040(3)

— Extending the time allowed for reforestation when natural reforestation
methods are utilized; ( o ) 629

- 610

- 0050(2)

— Counting hardwoods to meet more than 20% of the applicable stocking

standards when an operat ion results in a reforestation requirement; ( p ) 629

- 610

- 0060(1)

— Counting non

- native tree species to meet the applicable stocking standards when an operation results in a reforestation requirement; ( q ) 629

- 610

- 0070(1)

— Suspending the reforestation rules for the salvage or conversion of low value forest stands when participating in a forest incentive program; ( r ) 629

- 610

- 0090(1)

— Exempting the reforestation requirements for the purpose of developing

f orestland for a use that is not compatible with the maintenance of forest tree cover; ( s ) 629

- 615

- 0300(5)

— Modifying the protection requirements for riparian areas, aquatic areas and wetlands when the need for prescribed burning outweighs the benefits o f protecting components required to be left; ( t ) 629

- 620

- 0400(7)(d)

— Modifying the protection requirements for aerial application of fungicides or nonbiological insecticides ; ( u ) 629

- 625

- 0320(3)

— Modifying the culvert sizing requirements of 629

- 625

- 3 20(2)(a) to reduce the height of fills where roads cross wide flood plains; ( v ) 629

- 640

- 0100(13)

— Modifying the vegetation retention requirements in the riparian management area along a Type F stream to allow the removal of roadside trees which pose a s afety hazard; ( w ) 629

- 640

- 0200(14)

— Modifying the vegetation retention requirements in the riparian management area along a Type D or Type N stream to allow the removal of roadside trees which pose a safety
hazard; (x) 629

- 640

- 0210(4)

— Placing wood in a Type F stream or conducting other activities to meet the same purpose as leaving green trees and snags along small Type N streams subject to rapidly moving landslides.January 2014 Oregon Forest Practice s Act 13

( y ) 629

- 640

- 0400(1)(a)

— Utilizing site specific v egetation retention prescriptions for streams and riparian management areas; ( z ) 629

- 645

- 0020(1)

— Utilizing site specific vegetation retention prescriptions for significant wetlands; ( aa ) 629

- 645

- 0050(3)

— Modifying the vegetation retention requirements for significant wetlands for reasons of forest health; ( bb ) 629

- 650

- 0040(3)

— Modifying the vegetation retention requirements for lakes for reasons of forest health; ( cc ) 629

- 665

- 0020(1)(b)(C)

— Structural or temporal exceptions when proposed forest practices conflict with a resource site; ( dd ) 629

- 665

- 0110(3)

— Structural replacement of an osprey site; ( ee ) 629

- 665

- 0110(4)

— Temporal exceptions near an osprey site; ( ff ) 629

- 665

- 0120(3)

— Structural exceptions of a great blue heron site; ( gg ) 629

- 665

- 0120(5)

— Temporal exceptions near a great blue heron site.

629

- 605

- 0175 Harvest Type 3 Units Exceeding 120 Acres (1) The purpose of this rule is to describe the process that operators shall follow to gain approval of a plan for an alternate practice for a harvest type 3 unit that is between 120 and 240 acres in size. (2) Operators must obtain written approval of a plan for an alternate practice from the State Forester before conducting operations that result in a single harvest type 3 unit, or combinations of harvest type 3 units, that exceed the contiguous 120 acre limit on a single ownership. (3) For each unit on which a harvest type 3 is proposed to exceed the cont iguous 120 acre limit, the plan for an alternate practice shall: (a) Describe the planned harvest including, but not limited to, the elements of a written plan listed in

OAR 629

- 605

- 0170; (b) Include a detailed map of the planned harvest that shows the specific unit boundaries; and (c) Demonstrate that the larger harvest size will result in increased protection of, or reduced adverse impact on, any or all of the resources and values protected by the Oregon Forest Practices Act. For the purposes of thi s rule, resources and values includes: (A) Air quality, water resources, soil productivity, and fish and wildlife resources as described in ORS 527.710(2); (B) The resource sites needing protection as listed in ORS 527.710(3); (C) Scenic resources within visually sensitive corridors as provided in ORS 527.755; and (D) Public safety related to landslides. (4) The State Forester shall review the operator's compliance with the Oregon Forest Practices Act and deny approval of the plan for an alternate practice submitted under this rule when the operator has: (a) Received citations for violating a forest practice rule or statute within the past year; or (b) Failed to comply with an order to cease further violation, an order to repair damage, or an order to correct an unsatisfactory condition under ORS 527.680(2). (5) Plans for an alternate practice submitted u nder this rule shall not be subject to appeal under ORS 527.700(3). (6) Single harvest type 3 units or combinations of harvest type 3 units may not exceed 240 contiguous acres on a single ownership, except when the units have been reforested as described in ORS 527.750(1)(a), (b) and (c). (7) The harvest type 3 acreage limitations do not apply for conversions or disasters described in ORS 527.740(4) when the operator obtains approval from the State Forester of a plan for an alternate practice

before cond ucting operations.

629

- 605

- 0180 Interim Process for Protecting Sensitive Resource Sites Requiring Written Plans Protection practices for sites requiring written plans under OAR 629

- 605

- 0170(1)( a ) or (d) shall be determined for

each site as follows: (1 ) The State Forester shall notify the operator and landowner of the presence of a site requiring a written plan, and request their input into the decision making process. (2) The State Forester shall, when practical, inspect the proposed operation with the landowner or landowner's representative, the operator, and the appropriate representative of the Department of Fish and Wildlife. The State Forester shall then determine if the proposed forest practice is in conflict with the protection of the sensitiv e resource site.January 2014 Oregon Forest Practice s Act 14

(3) If planned forest practices are determined to conflict with protection of the sensitive resource site, the written plan must describe reasonable measures sufficient to resolve the conflict in favor of the resource

site. Reasonable me asures to resolve the conflict in favor of the resource site may include but are not limited to preparing and implementing a habitat management plan, obtaining approval of a plan for an alternate practice, limiting the timing of forest practices, redesigni ng the proposed practices in favor of site protection and excluding the forest activities outright. (4) If planned forest practices are determined not to conflict with protection of the sensitive resource site, the written plan shall describe how the operation will be conducted in compliance with existing forest practice rules. No additional protection measu res shall be required.

629

- 605

- 0190 Written Plans for Operations Near Critical, Threatened, or Endangered Wildlife Habitat Sites Operators must submit a written plan to the State Forester before operating near or within: (1) Critical wildlife or aquatic habitat sites that are listed in a 1984 cooperative agreement between the Board of Forestry and the Fish and Wildlife Commission or sites designated by the State Forester; or (2) Habitat sites of any wildlife or aquatic species classified by the D epartment of Fish and Wildlife as threatened or endangered.

629

- 605

- 0200 Compliance with Statutory Requirements (1) In addition to all other requirements of administrative rule promulgated under the Forest Practices Act, operators, landowners and timber owners who conduct forest operations shall comply with the requirements in: (a) ORS 527 .740 (Harvest type 3 unit limitations); (b) ORS 527

. 750 (Exceeding harvest type 3 size limitations); (c) ORS 527 .755 (Scenic highways and visually sensitive corridors); and (d) ORS 527.676 (Live and dead wood retention in harvest type 2 and 3 units greater than 25 acres). (2) Failure to comply with requirements in section ( 1) of this rule may be subject to any of the enforcement mechanisms provided in the Oregon Forest Practices Act under ORS 527.680, 527.690, 527.990 or

527.992.

629

- 605

- 0210 Harvest Type 3 Units within Single Ownerships (1) For the purposes of ORS 527.740 and this rule, "single ownership" as defined in 527.620 , shall be

interpreted broadly to prohibit manipulation of ownership entities or property transfers intended to avoid the provisions of 527.740 , restricting the size of harvest type 3 units, as defined by 527.620. "Single ownership" shall not be interprete d to restrict lawful operations on bona fide separate ownerships. (2) Nothing in ORS 527.740 is intended to restrict the location of a harvest type 3 unit or harvest type 3 unit

acreage of one landowner based on the harvest type 3 unit of a wholly separat e ownership.

629

- 605

- 0220 Judicial Determinations of Rule Validity It is the intent of the Board that if any section of a rule is declared invalid or is remanded by the Court of Appeals

under ORS 1 83 .400, the remaining sections of the rule will remain valid.

629

- 605

- 0400 Forest Activity Safety Compliance with worker safety regulations is essential for ensuring the safety of operators and their employees. Regulation of forest practices must be achieved in a manner which allows operators to comply with applicable federal and state safety requirements. In administering the forest practice rules to meet the resource protection goals, especially requirements related to working near snags, residual g reen trees and unstable material, the State Forester shall use appropriate discretion.

629

- 605

- 0500 Modification of Requirements for Forest Health and Public Safety Protection requirements for streams, lakes, wetlands and riparian management areas may be modified by approval of a plan for an alternate practice by the State Forester for reasons of forest health or because of hazards to public safety or property. Hazards to public safety or property include hazards to river navigation and hazards to improve ments such as roads, bridges, culverts, or buildings. Forest health concerns include fire, insectJanuary 2014 Oregon Forest Practice s Act 15

infestations, disease epidemics, or other catastrophic events not otherwise addressed in OAR 629

- 640

- 0300. Such modifications of protection requirements shoul d prevent, reduce or alleviate the forest health conflict or hazard while meeting the intent of the protection goals as much as possible.

DIVISION 610

FOREST PRACTICES REFORESTATION RULES

629

- 610

- 0000 Purpose (1) Timely reforestation of forestland is an essential factor in assuring continuous growing and harvesting of forest tree species, considering landowner objectives and consistent with the sound management of

timber and other forest resources. Reforestation or other forms of revegetation are also important for the continued productivity and stabilization of soils exposed as a result of operations. (2) OAR 629

- 610

- 0000 through 629

- 610

- 0090 shall be known as the reforestation rules. (3) The purpose of the ref orestation rules is to establish standards to ensure the timely replacement and maintenance of free to grow forest tree cover following forest operations at or above stocking levels that will use the tree growth potential of forestlands in Oregon. (4) Th e reforestation rules are designed to: (a) Define forestland subject to reforestation requirements; (b) Describe the conditions under which reforestation shall be required; (c) Specify the minimum number of trees per acre; (d) Specify the maximum time period allowed for establishment of such trees after an operation reduces stocking; (e) Describe the acceptable species for reforestation; (f) Describe the conditions under which revegetation shall be required in lieu of refore station; and (g) Specify the conditions under which an exemption from the reforestation requirements may be approved. (5) Except as described below, the reforestation rules shall become effective on January 1, 1995 and shall be applied as follows: (a) Operations completed after January 1, 1995 must comply with the reforestation rules; (b) Except as provided in subsection (c) operations completed before January 1, 1995 must comply with the applicable reforestation requirements of ORS 527.745 and OAR 629

- 024

- 0400 to 0404,

629

- 024

- 0500 to 0503, and 629

- 024

- 0600 to 0604 as they existed on Septe mber 6, 1994; (c) Landowners subject to subsection (b) may request to have the reforestation rules apply to an operation at any time following January 1, 1995. The State Forester shall approve such requests so long as the landowner will fully apply the r eforestation rules on the operation.

629

- 610

- 0010

Forestlands Suitable for Reforestation (1) Any forestland which is capable of annual wood production of at least 20 cubic feet per acre at culmination of mean annual increment (Cubic Foot Site Class VI or better) shall be subject to the requirements of the reforestation rules. (2) Potential site productivity is determined directly by tree growth and stocking measurements throughout the operation area or determined indirectly using applicable USDA Natura l Resources Conservation Service soil survey information, USDA Forest Service plant association guides, Oregon Department of Revenue western Oregon site class maps, or other information determined by the State Forester to be of comparable quality.

629

- 610

- 0020 Reforestation Stocking Standards (1) The landowner shall increase tree stocking to a level that meets the applicable productivity

- based stocking standards described in sections (4), (5) and (6) of this rule within the time limits established by

OAR 629

- 610

- 0040 whenever post

- operation free to grow tree stocking in all or a portion of the operation area is below the applicable stocking standards and: (a) Trees or snags of acceptable species are harvested; or (b) Free to grow tree stocking is redu ced as a result of the operation. (2) Reforestation is not required on those portions of the operation area: (a) Where adequate free to grow tree stocking remains after the completion of the operation;January 2014 Oregon Forest Practice s Act 16

(b) That are not disturbed by operation activiti es; or (c) On soils or sites not meeting the minimum productivity requirements of OAR 629

- 610

- 0010. (3) The State Forester shall approve a plan for an alternate practice to waive or modify the reforestation requirements following a stand improvement operation such as a precommercial thinning, commercial thinning, overstory removal, or other partial cut harve st if the State Forester determines that the residual stand conditions after such an operation will result in enhanced long

- term tree growth and there is a high probability the purpose of the reforestation rules will be achieved. (4) For Cubic Foot Site Class I, II and III forestlands (capable of producing at least 120 cubic feet per acre per year at culmination of mean annual increment), the minimum tree stocking standards are: (a) 200 free to grow seedlings per acre; or (b) 120 free to grow saplings and poles per acre; or (c) 80 square feet of basal area per acre of free to grow trees 11

- inches DBH and larger; or (d) An equivalent combination of seedlings, saplings and poles, and larger trees as calculated in section (7) of this rule. (5) For Cubic Foot Site Class IV and V forestlands (capable of producing between 50 and 119 cubic feet per acre per year at culmination of mean annual increment), the minimum tree stocking standards are: (a) 125 free to grow seedlings per acre; or (b) 75 free to grow saplings and poles per acre; or (c) 50 square feet of basal area per acre of free to grow trees 11

- inches DBH and larger; or (d) An equivalent combination of seedlings, saplings and poles, and larger trees as calculated in section (7) of this rule. (6) For Cubic Foot Site Class VI forestlands (capable of producing between 20 and 49 cubic feet per acre per year at culmination of mean annual increment), the minimum tree stocking standards are: (a) 100 or more free to gr ow seedlings per acre; or (b) 60 free to grow saplings and poles per acre; or (c) 40 square feet of basal area per acre of free to grow trees 11

- inches DBH and larger; or (d) An equivalent combination of seedlings, saplings and poles, and larger tree s as calculated in section (7) of this rule. (7) In both even

- aged and uneven

- aged stands, the stocking of residual seedlings, saplings and poles, and larger trees shall be weighted to determine stand stocking and potential reforestation requirements. Fo r this purpose, seedlings, saplings and poles, and trees 11

- inches DBH and larger are proportionally equivalent in the following ratios: 100 free to grow seedlings are equivalent to 60 free to grow saplings and poles, which are equivalent to 40 square feet of basal area of free to grow trees 11

- inches DBH and larger. (8) Live conifer trees 11

- inches DBH and larger left standing in harvested areas to meet the green tree and snag retention requirements of ORS 527.676 shall be counted towards meeting the tre e stocking standards if the trees are free to grow. (9) For the purposes of determining compliance with the tree stocking requirements of the reforestation rules, tree stocking in riparian management areas within an operation area will be considered sepa rately from stocking in the rest of the operation area. (10) Landowners may submit plans for alternate practices that do not conform to the reforestation stocking levels established under these rules. A plan for alternate practices may be approved if the State Forester determines that there is a high probability that the purpose of the reforestation rules will be achieved, or if the plan carries out an authorized research project conducted by a public agency or educational

institution.

629

- 610

- 0030

Natural Reforestation Methods (1) Natural reforestation methods may be the best means to meet a variety of resource management objectives on some forestlands. Successful natural reforestation requires careful, flexible, site

- specific

pre

- harvest planning and post

- harvest monitoring. (2) Reforestation may be difficult on Cubic Foot Site Class VI forestlands due to factors such as poor soils, harsh climate and competing vegetation. Reforestation in wetland areas may be difficult because of high

water table s, competing vegetation, and inaccessibility. Careful reforestation planning is needed before operations are conducted on these sites. On Cubic Site Class VI forestlands and in wetlands, the use of silvicultural systems that promote natural regeneration an d the retention of good quality residual trees after operations often have a higher probability of success than artificial reforestation methods.January 2014 Oregon Forest Practice s Act 17

(3) When an operation will result in a reforestation requirement and natural reforestation methods are plann ed, the landowner shall obtain written approval from the State Forester of a plan for an alternate practice which describes how reforestation will be accomplished. Information in the plan shall include: (a) A description of the seed sources that will be used; (b) Site preparation and vegetation competition control methods; (c) An estimate of the time needed to obtain an adequately stocked free to grow stand; (d) How progress towards natural reforestation will be evaluated; and (e) Alternative stra tegies that will be used if natural reforestation does not progress as planned. (4) The plan for an alternate practice required in section (3) of this rule must be submitted no later than twelve months after tree stocking is reduced. (5) Plans for an a lternate practice for the use of natural reforestation methods shall be approved by the State Forester if a determination is made that the information provided accurately indicates there is a high probability the purpose of the reforestation rules will be achieved.

629

- 610

- 0040

Time Allowed for Reforestation (1) The time period for compliance with the reforestation rules begins at the completion of the operation or 12 months after tree stocking has been reduced, whichever comes first. (2) The landowner shall begin reforestation, including any necessary site preparation, within 12 months when reforestation is required. (3) The landowner shall complete planting or seeding within 24 months unless a plan for an alternate practice

for natural reforestation has been approved by the State Forester. (4) By the end of the sixth full calendar year, the landowner shall have established a free to grow stand of trees which meets or exceeds the minimum stocking level required by OAR 629

- 610

- 0020. (5) When natural reforestation methods are planned, the time limits for evidence of successful germination and for establishing a free to grow stand of trees which meets or exceeds the minimum stocking level required for the site shall be established in the ap proved plan for an alternate practice required for such

methods. (6) If reforestation cannot be accomplished within the specified time due to circumstances determined by the State Forester to be beyond the landowner's control, the State Forester shall ex tend the time to accomplish reforestation. Such circumstances may include, but are not limited to: (a) Nursery failure; (b) Inadequate seedling availability following salvage harvesting; (c) Extreme drought; (d) Insect infestation; (e) State smok e management restrictions on the burning of slash; (f) Wildfire or disease damage; or (g) Severe wildlife damage that could not be reasonably anticipated or controlled by the landowner. (7) Extensions shall be made only upon a determination by the St ate Forester, based on timely written evidence provided by the landowner, that documents the landowner made reasonable attempts to comply with the reforestation requirements of the rules. (8) Where an extension is granted for reforestation failure on lan d suitable for reforestation or in cases where a violation of the reforestation rules is cited, the landowner shall be required to take remedial action to achieve the required stocking standards within a time prescribed by the State Forester using recogniz ed

stand establishment methods.

629

- 610

- 0050 Acceptable Species for Reforestation and Residual Stand Stocking (1) The State Forester shall determine if tree species are acceptable for artificial reforestation, natural reforestation, and as residual see dling, sapling and pole, or larger tree stocking based on all of the following criteria: (a) The species must be ecologically suited to the planting site; (b) The species must be capable of producing logs, fiber, or other wood products suitable in size and quality for the production of lumber, sheeting, pulp or other commercial forest products; and (c) The species must be marketable in the foreseeable future. (2) Up to 20 percent of the site

- based stocking levels required by 629

- 610

- 0020 may be met by using free to grow hardwood trees remaining after harvest if the trees are of species meeting the requirements of section (1) of this rule. An approved plan for an alternate practice is required before more than 20 percent of the required stocking may be met with residual, post

- operation hardwood trees. Approval for the use ofJanuary 2014 Oregon Forest Practice s Act 18

higher levels of hardwood residual stocking shall be based on a determination by the St ate Forester that there is a high probability the purpose of the reforestation rules will be achieved. (3) Landowners are encouraged to reforest with a mixture of acceptable tree species, where appropriate, to

reduce the risk of insect and disease losses and to promote stand diversity. Seedlings or seeds used for artificial reforestation should be from seed sources that are genetically adapted to the growing site.

629

- 610

- 0060

Use of Non

- Native Tree Species (1) When an operation will result in a refore station requirement, and the landowner intends to plant or seed a tree species not native to the operation area, the landowner shall submit for approval a plan for an alternate practice to the State Forester which describes the tree species and how it will be used to meet the reforestation requirements. Information in the plan must include: (a) The tree species that will be used; (b) Evidence that the species is ecologically suited to the planting site; (c) Evidence that the species is capable of produ cing commercial forest products that will be marketable in the foreseeable future; and (d) Available research or field test findings which demonstrate the tree species has been successfully used in reforesting sites similar to the operation area. (2) A plan for an alternate practice for the use of non

- native tree species must be submitted for approval no later than twelve months after tree stocking is reduced and prior to planting. Plans for an alternate practice for the use of non

- native tree species sh all be approved by the State Forester if a determination is made that the information provided indicates there is a high probability the purpose of the reforestation

rules will be achieved. (3) For the purpose of this rule, any tree species that the Stat e Forester determines has naturally existed and reproduced in the operation area or on similar sites shall be considered a native species.

629

- 610

- 0070 Suspension of the Reforestation Rules (1) A landowner must submit to the State Forester a plan for an alternate practice to suspend the reforestation rules for the salvage or conversion of low value forest stands, to establish forest stands that are adequately stocked and free to grow. (2) (a) The State Forester may approve the plan for an alternate practice when the harvest area is a

conversion of underproducing forestland, or a salvage of forest stands where the merchantable trees are dead or dying due to wildfire, insects, diseases or other f actors beyond the landowner's

control and the State Forester determines: (A) The landowner is approved for funding from a forest incentive program, for which the State Forester is the technical advisor; and (B) The gross harvest revenues will not excee d the total costs of harvest, taxation, and

reforestation. (b) For the purposes of this rule, "conversion of underproducing forestland" means an operation that : (A) Is conducted on forestland that is subject to the reforestation requirements; (B) D oes not currently support the minimum number of free to grow trees required under

OAR 629

- 610

- 0020 ; (C) Has the objective of removing undesirable competing vegetation and establishing an adequately stocked, free to grow forest stand; and (D) May include the incidental harvest of forest products

. (3) To determine whether subsection (2)(a)(B) of this rule is met on a harvest operation that has not started,

the State Forester shall make a field observation of the harvest area to determine: (a) The estima ted merchantable volume; (b) The value of the merchantable volume by applying current local market values; and (c) The estimated harvest, taxation, and reforestation costs. (4) When the State Forester is not able to determine the projected revenues a nd projected costs from the field observation described in subsection (3) of this rule, the State Forester may require the landowner to submit one or more of the following: (a) A third party estimate, by species and grade, of the volumes and values of lo gs to be delivered to the mill; (b) The projected costs of harvesting the forest products, including, but not limited to, harvest planning and administration, road construction and maintenance, felling and bucking, yarding, and loading and hauling;January 2014 Oregon Forest Practice s Act 19

(c) The projected severance, harvest, and income taxes; (d) The projected costs of reforestation, including planning and administration, site preparation, trees, tree planting, tree protection, and moisture conservation; or (e) The projected costs of any other measures necessary to establish a forest stand in an adequately stocked and free to grow condition, as specified in the reforestation rules. (5) To determine whether subsection (2)(a)(B) of this rule is met on a harvest o peration that has started, but is not yet complete, the landowner shall submit to the State Forester one or more of the following: (a) The contracts executed to sell and harvest forest products, including but not limited to, all logging costs and receipt s; (b) All the forest products scaling summaries showing gross and net volumes, by species and corresponding mill receipts showing payment; or (c) Any tax forms, records or reports submitted by the landowner that detail the gross and net volumes of forest products harvested, by species, plus logging and management costs used to

determine harvest and severance taxes. (6) Operations that are complete are not eligible for a suspension of the reforestation rules. (7) The State Forester shall revoke the suspension of the reforestation rules at any time within 6 years of completing the operation if the landowner fails to establish a forest stand: (a) According to the specifications and time lines required under the applicable forest incentive

program; or (b) In an adequately stocked and free to grow condition, as specified in the reforestation rules.

629

- 610

- 0080 Revegetation When Reforestation is Not Required When reforestation is not required or planned, the landowner shall ensure sufficient revegetation of the site to provide continuing soil productivity and stabilization within 12 months of the completion of the operation. Revegetation required by this rule may be planted or naturally established, and shall consist of trees, shrubs, grasses, or forbs suitable for soil stabilization and productivity protection. Landowners are encouraged to revegetate the operation area with native plants.

629

- 610

- 0090 Exemption from Reforestation for Land Uses Not Compatible with Forest Tree Cover (1) A landowner, through a plan for an alternate practice, may request all, or portions of, an operation area be exempted from the reforestation requirements for the purpose of developing forestland for a use that is not compatible with the maintenance of fore st tree cover. Approval of a plan for an alternate practice shall be obtained for such an exemption from the State Forester and shall only be granted for the smallest land area necessary to carry out the intended change in land use. Reforestation shall be required on the portions of operation areas not directly involved in the land use change. (2) In seeking approval of the plan for an alternate practice, the landowner shall provide written

documentation to the State Forester which establishes: (a) The specific portion of the operation area necessary for the proposed change in land use; (b) The intended change in land use and the incompatibility of the land use with forest tree cover; (c) The intended change in land use is authorized under local land use and zoning ordinances, and all necessary permits and approvals have been obtained, or will be obtained within 12 months following the reduction in tree stocking; and (d) The county assess or and local planning department have been notified in writing of the proposed change in land use. (3) Reasonable progress towards the change in land use, as determined by the State Forester, shall be made within 12 months of the completion of the operat ion. Evidence of reasonable progress towards a change to an agricultural use may include activities such as stump removal, cultivation, fencing, and planting or seeding of crops or pasture. Evidence of reasonable progress towards a change to a use

involvin g building a structure may include activities such as stump removal, excavation, and construction. (4) The change in land use shall be completed and continuously maintained within 24 months of the completion of the operation. (5) If the change in land use cannot be accomplished within the specified time due to circumstances beyond the landowner's control, the State Forester shall extend the time to accomplish the change in land use. Such circumstances may include, but are not limited to, governmental de lays in reviewing and processing permits and approvals, but do not include delays where a landowner is appealing the denial of a permit or approval if the State Forester does not have reason to believe the landowner will prevail on appeal.

Extensions shall be made only upon a determination by the State Forester, based on written evidenceJanuary 2014 Oregon Forest Practice s Act 20

provided by the landowner, that the landowner made reasonable attempts to comply. Landowners who need extensions are encouraged to contact the State Forester as soon as pos sible after the

circumstances occur. (6) The State Forester shall determine if the change in land use has been completed by: (a) The presence or absence of improvements necessary for use of the land for the intended purpose; and (b) Evidence of estab lished and continuously maintained use of the land for the intended purpose. (7) To remain exempt from the reforestation requirements the landowner shall continuously maintain the land in the new use until at least six calendar years following the comple tion of the operation.

DIVISION 611

FOREST PRACTICE AFFORESTATION

INCENTIVE RULES

629

- 611

- 0000 Purpose (1) The purpose of OAR 629

- 611

- 0000 to 629

- 611

- 0020 is to implement ORS 526

. 490, providing an incentive for landowners to convert parcels of idle land or land in other uses to commercial forest use. (2) The provisions of ORS 526

. 490 shall be called the afforestation incent ive and OAR 629

- 611

- 0000 to 629

- 611

- 0020 shall be known as the afforestation incentive rules. (3) The afforestation incentive in these rules is a one

- time exemption from most tree retention requirements in the forest practice rules as described in sectio n (5) of this rule. (4) For the purposes of the afforestation incentive rules, "planted" trees means those trees that a landowner establishes as an initial forest stand to qualify for the incentive and includes: (a) All trees the landowner plants or ca uses to be planted; and (b) All naturally established trees that are established within ten years prior to, or following, the date the parcel is certified as qualified for the incentive. (5) Notwithstanding forest practice rule provisions prohibiting h arvest of trees, the afforestation incentive allows landowners to harvest all planted trees on certified afforestation incentive parcels with the following

limitations: (a) The afforestation incentive applies only to the land and timber located more than 20 feet from large or medium Type F, Type D, or Type N streams, or small Type F or Type D streams. (b) Any forest operations on such parcels must comply with all forest practice rules that require practices other than restrictions on harvesting the plan ted trees. (c) A planted tree that later becomes a key component of a specified resource site normally requiring protection under the forest practice rules may be harvested; however, the State Forester may temporarily prohibit harvesting during an annual critical period of use of the site, as provided in the specified resource site protection rules. (d) (For information only) Federal law prohibits a person from taking threatened or endangered species. Taking, under the federal law, may include significa nt alteration of habitat on any class of land ownership. Compliance with the afforestation incentive rules is not in lieu of compliance with any federal requirements related to the federal Endangered Species Act.

629

- 611

- 0010

Qualifications and Procedure s (1) To qualify for the afforestation incentive, a parcel or any separate portion thereof must meet all of the following requirements: (a) It must be at least five contiguous acres. (b) The State Forester must obtain evidence that, regardless of its use prior to July 1, 1972, from that date until the time of afforestation it has been idle or exclusively in uses other than commercial activities related to the growing and harvesting of fore st tree species. Forestland in understocked condition, identified consistent with (c) below, may qualify for the incentive if the stocking was reduced or limited by causes other than a forest operation occurring after July 1, 1972. (c) No acre may be cer tified as part of an afforestation incentive parcel if, prior to the establishment

of a well

- stocked, free to grow stand of forest trees, the acre's stocking, if any, was 25 square feet

of basal area or more. (d) Afforestation must have begun on the parcel on or after September 9, 1995, the date ORS

526 .490 became effective.January 2014 Oregon Forest Practice s Act 21

(2) To gain certification of a parcel as eligible for the afforestation incentive, a landowner must request inspection by the State Forester within two to five years following stand establishment. (3) A request for inspection and certification of a parcel shall be accompanied by the following: (a) A map that depicts the parcel or por tion thereof in relation to public lands survey subdivisions and access roads for the purpose of locating and inspecting the parcel, and that will be sufficient to identify the parcel at the time of harvest; (b) Photographs documenting the condition of t he parcel as idle land or land in other than adequately

- stocked commercial forest use prior to stand establishment; and (c) Written permission of the owner to enter the property as necessary to inspect and determine whether the parcel qualifies for the a fforestation incentive. (4) To be certified eligible for the afforestation incentive, the parcel's afforestation must meet or exceed the reforestation rule standards for acceptable species, adequate stocking, and free to grow condition found in OAR Chapt er 629 Division 610 of the forest practice rules. Pre

- existing free to grow forest tree stocking may be counted toward meeting those standards. (5) Landowners who qualify parcels for the afforestation incentive by meeting the requirements of sections (1) to (4) of this rule shall be issued a certificate by the State Forester describing the parcel and the exemption from harvest restrictions to which the landowner is entitled. (6) The afforestation incentive is a one

- time exemption for each individual par cel or portion thereof, applying only to planted trees established to initially certify each parcel. These trees constitute the parcel's first

rotation stand for either even

- aged or uneven

- aged management. The certification date shall be considered the beg inning of the first rotation so that, at the time of harvesting, no trees other than the planted trees shall be included in the exemption. (7) To ensure recognition of the afforestation incentive at the time of harvest, many years after certification of a parcel, landowners are encouraged to record the certificate issued by the State Forester with the appropriate county clerk as specified under ORS 205 .130. (8) In order to exercise the exemption f rom tree harvesting restrictions under ORS 526

. 490(3), the landowner must present a record of the certificate to the State Forester whenever first rotation trees are to be

harvested.

629

- 611

- 0020 Fee for Inspection and Certification The State Forester shall charge a fee to persons requesting certification to offset the costs of inspecting parcels and preparing certificates. This fee shall be $50 per parcel plus $2 per acre for each acre in excess of five acres, to a maximum of $200 per parcel.

DIVISION 615

TREATMENT OF SLASH

629

- 615

- 0000 Purpose (1) OAR 629

- 615

- 0000 to 0300 shall be known as the treatment of slash rules. (2) For the purposes of these rules, treatment of slash is recognized as a necessary tool for the protection of reproduction and residual stands from the risk of fire, insects, and disease, to prepare the site for future productivity and to minimize the risk of material entering streams. Such treatment may employ the use of

me chanical processes, fire, chemical or other means to minimize competitive vegetation and residue from harvesting operations.

629

- 615

- 0100 Maintenance of Productivity and Related Values (1) Operators shall plan and conduct forest operations in a manner which will provide adequate consideration to treatment of slash to protect residual stands of timber and reproduction to optimize conditions for reforestation of forest tree species, to maintain productivity of forestland, to maintain forest health, and to maintain air and water quality and fish and wildlife habitat. (2) Operators shall dispose of or disperse unstable slash accumulations around landings to prevent their entry into streams.January 2014 Oregon Forest Practice s Act 22

629

- 615

- 0200 Mechanical Site Preparation Near Waters of the S tate (1) When mechanical site preparation is necessary in riparian management areas or near waters of the state, operators shall conduct the operations in a way that sediment or debris does not enter waters of the state. (2) When using mechanical site preparation, operators shall provide adequate distance between disturbed

soils and waters of the state to filter sediment from run

- off water. (3) Operators shall not use mechanical site preparation in riparian management areas: (a) On slopes over 35 perc ent, with the exception of excavator

- type equipment used during dry periods; or (b) On sites with evidence of surface or gully erosion; or (c) Where exposure or compaction of the subsoil is likely to occur. (4) During mechanical site preparation, operat ors shall not place debris or soil in waters of the state or where it may enter waters of the state.

629

- 615

- 0250 Protection of Soil Productivity During Mechanical Site Preparation On land clearing projects where mechanical methods are used, operators s hall minimize compaction and movement of topsoil to protect soil productivity.

629

- 615

- 0300 Prescribed Burning (1) Prescribed burning is a tool used to achieve reforestation, maintain forest health, improve wildlife habitat and reduce wildfire hazard. Prescribed burning is to be done consistent with protection of air and water quality, and fish and wildlife habitat. Th e purpose of this rule is to ensure that necessary prescribed burning is planned and managed to maximize benefits and minimize potential detrimental effects. (2) When planning and conducting prescribed burning, operators shall: (a) Comply with the rules of Oregon's "Smoke Management Plan." (b) Adequately protect reproduction and residual timber, humus and soil surface. (c) Consider possible detrimental effects of prescribed burning upon riparian management areas,
streams, lakes, wetlands, and water quality, and how these effects can be best minimized. (d) Lay out the unit and use harvesting methods that minimize detrimental effects to riparian management areas, streams, lakes, wetlands, and water quality during the prescribed bu rning operation. (e) Fell and yard the unit to minimize accumulations of slash in channels and within or adjacent to riparian management areas. (f) Minimize fire intensity and amount of area burned to that necessary to achieve reforestation,

forest heal th, or hazard reduction needs. (3) O perators shall describe in a written plan how detrimental effects will be minimized when burning within 100 feet of Type F and Type D streams, within 100 feet of large lakes, within 100 feet of wetlands larger than eig ht acres (non estuaries), bogs and important springs in eastern Oregon and within 300 feet of

estuaries ; especially when burning on highly erosive soils, for example decomposed granite soils and slopes steeper than 60 percent. (4) During prescribed burning operations, operators shall protect components such as live trees, snags, downed wood, and understory vegetation required to be retained by OAR 629

- 635

- 0310 through 629

- 650

- 0040. When the operator has taken reasonable precautions to protect the components, but some detrimental effects occur, the intent of the rule is met if the overall integrity of the riparian management area is maintained. Operators shall not salvage trees killed by prescribed fire in a riparian management

area i f the trees were retained for purposes of 629

- 635

- 0310 through 629

- 655

- 0000. (5) When the need for prescribed burning outweighs the benefits of protecting components required to be left within the riparian area, aquatic area and wetlands, protection requ irements may be modified through a plan for an alternate practice. Approval of such a plan shall consider the environmental impacts and costs

of alternative treatments. (6) (For information only) When water is to be withdrawn from the waters of the state for use in mixing pesticides or for slash burning, ORS 537.141 requires operators to notify the Water Resources Department and the Department of Fish and Wildlife. Notification to the State Forester does not satisfy this requirement.January 2014 Oregon Forest Practice s Act 23 DIVISION 620

CHEMICAL AND OTHER PETROLEUM PRODUCT RULES

629

- 620

- 0000 Purpose (1) OAR 629

- 620

- 0000 through 629

- 620

- 0800 shall be known as the chemical and other petroleum product rules. In addition to the application of chemicals, operators should be aware that certai n requirements of these rules also apply to the use of other petroleum products, such as fuel and lubricants, on any forest operation. (2) Operators are encouraged to voluntarily use integrated pest and vegetation management processes. The use of pesticides is one of a variety of integrated pest management strategies that forest landowners may implement to minimize the impact of forest pests in an environmentally and economically sound manner to meet site specific objectives. When properly used, pesticides and other chemicals can be effective tools in the growing and harvesting of forest tree species. (3) The purpose of the forest practice c hemical and other petroleum product rules is to establish requirements that will ensure: (a) Chemicals and other petroleum products used on forestland do not occur in the soil, air, or waters of the state in quantities that would be injurious to water qu ality or to the overall maintenance of terrestrial wildlife or aquatic life; and (b) The vegetative components of riparian management areas and sensitive resource sites receive protection on herbicide operations consistent with the purposes of the refore station rules, the requirements of the sensitive resource site rules, and the vegetation retention goals of the water protection rules. (4) All distances listed in the chemical and other petroleum product rules shall be measured horizontally. (5) Opera tions involving the use of chemicals and other petroleum products on forestland are also subject to the pesticide control laws administered by the Department of Agriculture, hazardous waste laws administered by the Department of Environmental Quality, haza rd communication rules administered by the Occupational Safety and Health Division, and the water use laws administered by the Water Resources Department. Maximum contaminant levels in drinking water for certain pesticides are established by the Health Div ision.

629

- 620

- 0100 Preventing, Controlling, and Reporting Leaks and Spills of Chemicals and Other Petroleum Products (1) The operator shall maintain equipment used for transportation, on

- site storage, or application of chemicals in a leak proof condition. If there is evidence of chemical leakage, the operator shall suspend the further use of such equipment until the deficiency has been corrected. (2) Operators shall take adequate precautions to prevent leaks or spills of other petroleum products , such as fuel, motor oil, and hydraulic fluid, from entering the waters of the state. (3) Operators shall take immediate and appropriate action to stop and contain leaks or spills of chemicals and other petroleum products. (4) The operator shall immedia tely report to the State Forester any chemical spills and other petroleum product spills resulting from the operation that enter, or may enter, the waters of the state. Such notification will not exempt the operator from any requirements of other local, st ate, and federal agencies to report chemical or other petroleum product spills.

629

- 620

- 0200 Protection of Water Quality During Mixing of Chemicals (1) Whenever water is taken from any stream or water impoundment for use in the mixing of chemicals, the operator shall prevent chemicals from entering the waters of the state by taking at least the following precautions: (a) Providing an air gap or reservoir between the water source and the mixing tank; and (b) Using pumps, suction hoses, feed hoses, and c heck valves that are used only for water. (2) (For information only) When water is to be withdrawn from the waters of the state for use in mixing pesticides or for slash burning, ORS 537

. 141 require s operators to notify the Water Resources Department and the Department of Fish and Wildlife. Notification to the State Forester does not satisfy this requirement.January 2014 Oregon Forest Practice s Act 24

629

- 620

- 0300 Locations of Mixing, Transfer, and Staging Areas for Chemicals and Other Petroleum Products (1) Operators shall conduct the following activities only in locations where spillage of chemicals or other petroleum products will not enter the waters of the state: (a) Mixing chemicals; (b) Transferring chemicals or other petroleum products between equipment or containers including, but not limited to, fueling of aircraft or heavy equipment; (c) Cleaning tanks or equipment used during chemical applications; (d) Landing and staging aircraft. (2) Notwithstanding section(1), operato rs shall not locate chemical mixing and staging areas for aerial chemical applications within 100 feet of Type F or Type D streams.

629

- 620

- 0400 Protection of the Waters of the State and Other Resources When Applying Chemicals (1) When applying chemica ls aerially or from the ground, operators shall protect waters of the state and other forest resources by following the requirements of the chemical product label and by meeting the additional protection measures listed in this rule. (2) When applying her bicides near or within riparian management areas or waters of the state, operators shall maintain vegetation required to be protected by the water protection rules. (3) Weather conditions such as temperature, relative humidity, wind speed, wind direction, atmospheric temperature inversions, and precipitation may strongly affect the deposition and drift of chemicals during aerial and pressurized, ground

- based chemical applications. Operators shall apply chemicals only under weather conditions which will pro tect non

- target forest resources and comply with the product label and

the other sections of this rule. (4) Except where the product label or sections (2), (6), or (7) apply more stringent requirements, when applying chemicals by aircraft, operators shall not directly apply chemicals within 60 feet of: (a) Significant wetlands; (b) The aquatic areas of Type F and Type D streams; (c) The aquatic areas of large lakes; (d) The aquatic areas of other lakes with fish use; or (e) Other areas of standing ope n water larger than one

- quarter acre at the time of the application. (5) Except where the product label or sections (2) or (6) apply more stringent requirements, when applying chemicals from the ground, operators shall not directly apply chemicals within 10 feet of: (a) Significant wetlands; (b) The aquatic areas of Type F and Type D streams; (c) The aquatic areas of large lakes; (d) The aquatic areas of other lakes with fish use; or (e) Other areas of standing open water larger than one

- quarter acre at the time of the application. (6) Operators shall not directly apply fertilizers within 100 feet of Type D streams and the domestic use portions of Type F streams. For other waters of the state, no untreated strips are required to be left by
operators w hen applying fertilizers, except that operators shall not directly apply fertilizers to: (a) The aquatic areas of other Type F streams or to large and medium Type N streams; (b) Significant wetlands; (c) The aquatic areas of large lakes; (d) The aquatic areas of other lakes with fish use; or (e) Other areas of standing open water larger than one

- quarter acre at the time of the application. (7) (a) Except as allowed under subsections (d) and (e), operators shall not directly apply fungicides or

non

- biological insecticides by aircraft, within 300 feet of: (A) Significant wetlands; (B) The aquatic areas of Type F and Type D streams; (C) The aquatic areas of large lakes; (D) The aquatic areas of other lakes with fish use; or (E) Other areas of standing open water larger than one

- quarter acre at the time of the application. (b) Operators shall not directly apply fungicides or non

- biological insecticides by aircraft within 60 feet of the aquatic areas of Type N streams containing flowing water at the time of application. (c) For the purpose of this rule, "biological insecticide" means any insecticide containing only naturally occurring active ingredients including, but not limited to, viruses, bacteria, semiochemicals (pheromones), or fungi.January 2014 Oregon Forest Practice s Act 25

(d) Pl ans for alternate practices that modify the requirements of subsections (a) and (b) may be approved by the State Forester. Approvals of such plans shall be based on a written finding by the State Forester determining that: (A) Such a modification is essen tial to control a fungus or a population of an insect species to reduce damage to, and to better provide for, the overall maintenance of forest resources protected under the Forest Practices Act; (B) The operational or weather condition constraints placed on the application by the plan for alternate practice, in addition to the requirements of the forest practice rules and the product label, will reduce the potential for the fungicide or non

- biological insecticide to drift outside the operation area or to enter the waters of the state; or (C) Adequate documentation has been submitted by the operator indicating the toxicity to humans, fish populations, or to aquatic invertebrate populations of the fungicide or non

biological insecticide to be applied is lowe r than the documented toxicity of the fungicide

chlorothalonil or the non

- biological insecticide carbaryl, as used in forestry prior to September 4, 1996. (e) The requirements of sections (a) and (b) do not apply to pest eradication programs conducted on forestland by the Department of Agriculture. (8) The operator shall make all aerial chemical applications parallel to the edge of the water when applying

chemicals within 100 feet of: (a) Significant wetlands; (b) The aquatic areas of Type F and Type D streams; (c) The aquatic areas of large lakes; (d) The aquatic areas of other lakes with fish use; or (e) Other areas of standing open water larger than one

- quarter acre at the time of the application.

629

- 620

- 0500 Disposal of Chemical Containers Operators shall dispose of chemical containers in accordance with the Department of Environmental Quality's disposal requirements. Operators may apply flushing solution resulting from cleaning of chemical containers to the operation area.

629

- 620

- 0600

Da ily Records of Chemical Applications (1) Whenever pesticides are aerially applied or applied using a pressurized, ground

- based, broadcast application system on forestland, the operator shall maintain a daily record of application operations

which includes : (a) The legal description of the location of the operation area actually treated with chemicals; (b) The acreage actually treated with chemicals; (c) Brand name or EPA registration number of the chemicals used, the carrier used, and the application rate; (d) Date and time of application; (e) Air temperature, to be measured within the operation area and recorded at least hourly for aerial applications and at least at the beginning and end of each day's application for ground applications; (f) Relat ive humidity, to be measured within the operation area and recorded at least hourly for aerial applications and at least at the beginning and end of each day's application for ground applications; (g) Wind velocity and direction, to be measured within the operation area and recorded at least hourly for aerial applications and at least at the beginning and end of each day's application for ground applications; (h) The name of the person making the application, including the contractor's name and pilot's na me when applied aerially, or the contractor's name and/or employee's name for ground application. (2) Whenever pesticides are applied on forestland using methods other than those described in section(1) of this rule, the operator shall maintain a daily re cord of all information listed in subsections (a), (b), (c), (d), and (h) of section(1). (3) Whenever fertilizers are applied on forestland, the operator shall maintain a record of all information listed in subsections (a), (b), (d), and (h) of section(1) of this rule and shall also record the application rate and

the formulation used.January 2014 Oregon Forest Practice s Act 26

(4) The records required in sections (1), (2) and (3) of this rule shall be maintained by the operator for three years from the date of application and be made available at the request of the State Forester.

629

- 620

- 0700 Chemical and Other Petroleum Product Rules: Effectiveness Monitoring and Evaluation (1) In cooperation with state agencies, landowners, and other interested parties, the department shall

conduct monitor ing to evaluate the effectiveness of the chemical and other petroleum product rules. The monitoring shall determine the effectiveness of the rules to meet the goals of the Forest Practices Act and the purposes stated in the rules, as well as their workabil ity and operability. (2) It is the Board of Forestry's intent that the department and its cooperators place a high priority on assessing the monitoring needs and securing adequate resources to conduct the necessary monitoring. The department shall work wi th its cooperators and the Legislature to secure the necessary resources, funding and coordination for effective monitoring. (3) The department shall report to the Board of Forestry annually about current monitoring efforts and, in a timely manner, presen t findings and recommendations for changes to practices. The Board of Forestry shall consider the findings and recommendations and take appropriate action.

629

- 620

- 0800 Notification of Community Water System Managers When Applying Chemicals (1) The pur pose of this rule is to ensure that community water system managers are appropriately notified of planned chemical operations so that they can coordinate their monitoring activities with planned operations. (2) This rule applies to community water systems where the surface water drainage area upstream of their intake is 100 square miles or less. The State Forester shall maintain a list of community water systems for which notification is required. A community water system with a drainage area of more than 100 square miles upstream of its intake may request to be added to the list based upon its ability to conduct effective monitoring in the watershed. The list shall be available at department field offices where notifications are

submitted. (3) When chemic als will be aerially applied within 100 feet, or applied from the ground within 50 feet of domestic portions of Type F or Type D streams, and the water use is by a community water system as designated under section (2) of this rule, the operator shall noti fy the water system manager of a planned chemical operation at least 15 days before the operation commences. (4) The operator shall provide the following additional information before commencing the operation if requested by the manager of the affected wa ter system at the time of notification required in section (3)

above: (a) The application technology that will be used; (b) Practices that will be followed to minimize drift toward the stream; (c) Any monitoring efforts that will be conducted by the landowner; and (d) The planned time schedule for the application.

DIVISION 623 SHALLOW, RAPIDLY MOVING LANDSLIDES AND PUBLIC SAFETY

629

- 623

- 0000 Purpose (1) Shallow, rapidly moving landslides may be a public safety risk affected by forest operations. T here is a high natural landslide hazard in certain locations. In the short term, forest practices regulations can reduce the risk to people who are present in locations prone to shallow, rapidly moving landslides. In the long term, effective protection of the public can only be achieved through the shared responsibilities of homeowners, road users, forestland owners, and state and local governments to reduce the number of persons living in or driving through locations prone to shallow, rapidly moving landsl ides during heavy rainfall periods. (2) OAR 629

- 623

- 0000 through 629

- 623

- 0800 shall be known as the shallow, rapidly moving landslide and public safety rules. (3) The purpose of the shallow, rapidly moving landslides and public safety rules is to reduce the risk of serious bodily injury or death caused by shallow, rapidly moving landslides directly related to forest practices. These rules consider the exposure of the public to these safety risks and include appropriate practices designed to reduce the occ urrence, timing, or effects of shallow, rapidly moving landslides.January 2014 Oregon Forest Practice s Act 27

(4) These rules are based on the best scientific and monitoring information currently available. The department will continue to monitor factors associated with shallow, rapidly moving lan dslides and also review new research on this issue. The department will recommend rule changes if this new information suggests different forest practices may be appropriate.

629

- 623

- 0100 Screening for High Landslide Hazard Locations and Exposed Population (1) The State Forester will use further review area maps and/or other information to screen proposed operations for high landslide hazard locations that may affect exposed populations. Operators are encouraged to acquire available maps and other information an d to conduct their own public safety screening. (2) Upon notification by the State Forester, operators shall identify portions of the operation that contain high landslide hazard locations and shall also identify structures and paved public roads within further review areas below the operation area.

629

- 623

- 0200 Exposure Categories (1) The State Forester will verify the information provided by operators in OAR 629

- 623

- 0100 and use this information to determine the exposure category for the operation. ( 2) Exposure Category A includes habitable residences, schools, and other buildings where people are normally present during periods when wet season rain storms are common. (3) Exposure Category B includes paved public roads averaging over 500 vehicles p er day as determined, if possible

, during periods when wet season rain storms are common. (4) Exposure Category C includes barns, outbuildings, recreational dwellings not included in Exposure Category A, low

- use public roads, and other constructed facili ties where people are not usually present

when wet season rain storms are common.

629

- 623

- 0250 Shallow, Rapidly Moving Landslide Impact Rating (1) The State Forester will publish technical guidance for evaluating and rating shallow, rapidly moving

landsl ide impact potential for any exposed population. Impact rating factors may include, but are not limited to: the location of the structure or road in relationship to the debris torrent

- prone stream or steep slope; channel confinement; channel gradient; chan nel junction angles; and debris in the channel. (2) Shallow, rapidly moving landslide impact potential is rated as unlikely, moderate, serious and in limited

cases, extreme. (3) The State Forester may require the landowner to submit a geotechnical determination of shallow, rapidly moving landslide impact rating for the proposed operation. (4) The impact rating may include the potential for the failure of a structure in the direct path of a rapidly moving landslide resulting in a substantial risk of serious bodily injury or death to the exposed population

below that structure. (5) The State Forester will make the final impact rating.

629

- 623

- 0300 Public Safety Risk Levels (1) The exposure categories described in OAR 629

- 623

- 0200 and the impact rating described in 629

- 623

- 0250 are used to determine the downslope public safety risk level and the applicable forest practice rules that apply to the operation, as described in Sections (2) through (10) of this rule.

Substantial downslope public safety risk (2) For Exposure Category A, substantial downslope public safety risk exists if the impact rating is extreme or

serious. (3) For Exposure Category B, substantial downslope public safety risk exists if the impact rating is extreme

and the State Fore ster informs the operator that these site specific conditions warrant substantial public safety risk practices. (4) Substantial Downslope Public Safety Risk operations are regulated by OARs 629

- 623

- 0400, 629

- 623

- 0450, 629

- 623

- 0600, and 629

- 623

- 0700.January 2014 Oregon Forest Practice s Act 28

In termediate downslope public safety risk (5) For Exposure Category A, intermediate downslope public safety risk exists if the impact rating is

moderate. (6) For Exposure Category B, intermediate downslope public safety risk exists if the impact rating is s erious. (7) For Exposure Category C, intermediate downslope public safety risk exists if the impact rating is extreme and the State Forester informs the operator that these site specific conditions warrant intermediate public safety risk practices. (8) Intermediate Downslope Public Safety Risk operations are regulated by OARs 629

- 623

- 0500, 629

- 623

- 0550, 629

- 623

- 0600, 629

- 623

- 0700, and 629

- 630

- 0500.

Low downslope public safety risk (9) All other operations not described in sections 2, 3, 5, 6 and 7 of th e rule are determined to have low downslope public safety risk. (10) Low Downslope Public Safety Risk operations are regulated by OAR 629

- 630

- 0500and by OAR 629

- 625

- 0000 through 0700 and all other applicable rules.

Applicability of regulations and use of leave trees (11) As required by ORS 195.256(4), forest practice rules shall not apply to risk situations arising solely from the construction of a building permitted under ORS 195.260(1)(c). (12) Leave trees required to comply with timber harvesting rules for shallow, rapidly moving landslides and public safety may also be used to comply with ORS 527.676 except those required to be retained in riparian management areas by OAR 629

- 640

- 0000 through 629

- 640

- 0500.

629

- 623

- 0400

Restriction of Timber Harve sting

— Substantial Public Safety Risk (1) Operators shall not remove trees from high landslide hazard locations with substantial downslope public safety risk unless a geotechnical report demonstrates to the State Forester that any landslides that might

o ccur will not be directly related to forest practices because of very deep soil or other site

- specific conditions. Removal of dead or diseased trees or trees from sites that have already failed is allowed if the operator demonstrates to the State Forester that the operation results in no increased overall downslope public safety risk. (2) Operators shall leave a sufficient number and arrangement of trees adjacent to high landslide hazard locations to reduce the likelihood of trees retained in these locations blowing down.

629

- 623

- 0450

Restriction of Road Construction

— Substantial Public Safety Risk (1) Operators shall not construct new roads on high landslide hazard locations or other very steep slopes with substantial downslope public safety risk. (2) Operators may reconstruct existing roads in high landslide hazard locations when th e written plan required by OAR 629

- 623

- 0700 incorporates site

- specific practices as directed by a geotechnical specialist and demonstrates that road reconstruction will reduce landslide hazard.

629

- 623

- 0500 Timber Harvesting

— Intermediate Public Safety Risk (1) The purpose of this rule is to manage canopy closure on high landslide hazard locations with intermediate downslope public safety risk. (2) For harvesting operations that remove all or most of the largest trees, operators shall ensure that no m ore than half the area of high landslide hazard locations on a single ownership within the drainage or hillslope directly above the affected structure or road are in a 0 to 9 year

- old age class or with reduced canopy closure in other age classes; (3) For thinning or partial cutting operations, operators shall retain a vigorous stand that allows rapid canopy

closure. (4) Landowners shall use reforestation and stand management practices that result in rapid canopy closure. (5) For timber harvesting oper ations, landowners shall describe in the written plan required by OAR 629

- 623

- 0700 how they will manage the high landslide hazard locations on their ownership within the affected drainage or hillslope with intermediate downslope public safety risk.January 2014 Oregon Forest Practice s Act 29

629

- 623

- 0550

Road Construction

— Intermediate Public Safety Risk (1) When constructing roads on high landslide hazard locations or other very steep slopes with intermediate downslope public safety risk, operators shall follow site

- specific practices as d irected by a geotechnical specialist. (2) In addition to the road construction and maintenance rules in OAR 629

- 625

- 0100 through 629

- 625

- 0440, written plans shall include: (a) An evaluation of cutslope stability that demonstrates major cutslope failure is very unlikely; and (b) A description of measures to be taken to prevent water from draining onto high landslide hazard

locations.

629

- 623

- 0600 Protection Along Debris Torre nt

- Prone Streams (1) The purpose of this rule is to reduce or eliminate woody debris loading, and to retain large standing trees in locations where they might slow debris torrent movement along debris torrent

- prone streams with

substantial or intermediate downslope public safety risk. (2) During timber harvesting operations, operators shall fell and yard trees in a manner to minimize slash and

other debris accumulations in debris torrent

- prone stream channels where there is substantial or

intermediate dow nslope public safety risk. (3) Operators shall remove logging slash piles and continuous logging slash deposits from debris torrent

prone stream channels where there is substantial or intermediate downslope public safety risk. (4) Operators shall leave, and during felling and yarding activity, protect large standing trees along the likely depositional reaches of debris torrent

- prone streams, as determined by the State Forester, in locations where there is substantial or intermediate downslope public safet y risk. Leave trees shall: (a) Be larger than 20 inches in diameter breast height; (b) Be within 50 feet of the edge of the active channel along both sides of the stream; (c) Be left for a distance of 300 feet or the depositional length of the channel, whichever is less, as measured from the beginning of the forested portion of the stream reach above the road or

structure; (d) Not include trees that pose a greater public safety risk because of windthrow or other risks as determined by the State Forester

.

629

- 623

- 0700 Written Plans to Evaluate Public Safety Risk (1) To allow evaluation of public safety risk and the appropriate methods for reducing this risk, operators shall submit a written plan for all timber harvesting or road construction operations with intermediate or substantial downslope public safety risk as d escribed in OAR 629

- 623

- 0300. Written plans shall include: (a) A determination of public safety risk (OAR 629

- 623

- 0300); (b) A map showing those portion(s) of the operation containing high landslide hazard locations; (c) The location of all existing and proposed new roads crossing high landslide hazard locations; (d) A detailed road design for all new or reconstructed roads crossing high landslide hazard
locations; (e) The location of habitable structures (Exposure Category A) and paved public roa ds (Exposure Category B) below the operation and within further review areas; (f) Locations where timber harvesting will not occur; (g) Locations where partial cutting will occur and the specific silvicultural prescription; and (h) Additional informa tion related to the operation as requested by the State Forester. (2) Operators shall submit a written plan for proposed stream crossing fills constructed across debris torrent

prone streams with substantial or intermediate downslope public safety risk. (3) Operators shall submit a written plan for proposed waste fill areas within a drainage containing debris

torrent

- prone streams where there is substantial or intermediate downslope public safety risk.

629

- 623

- 0800 Hazard Mitigation and Risk Reduction Projects (1) Completed landslide mitigation projects can be used to lower the shallow, rapidly moving landslide impact rating as described in OAR 629

- 623

- 0250. (a) The landowners who own structures and are directly affected by the impact rating must agree to landslide mitigation.January 2014 Oregon Forest Practice s Act 30

(b) Structural measures designed and inspected by a geotechnical specialist are the preferred mitigation strategy. (2) Landowners may remove trees on high landslide hazard locations above habitable structures or paved public roads where the public safety risk from trees blowing over is equal to or higher than the public safety risk from landslides. Supporting evidence for removing these trees must be included in the written plan required by OAR 629

- 623

- 0700. (3) A home owner may submit evidence in the form of a risk management plan to the State Forester to lower the exposure category (OAR 629

- 623

- 0200) from Exposure Category A to Exposure Category B. Risk management plans shall include: (a) An evacuation plan that subst antially reduces the risk to residents and visitors during periods when shallow, rapidly moving landslides may occur; (b) A copy of the property title showing full disclosure of the elevated landslide hazard on that property, including a statement that it is the homeowner's responsibility to inform residents and visitors of the elevated landslide hazard and of the necessity to comply with the evacuation plan; (c) Assumption by the homeowner of all liability for injury and property damage associated with

s hallow, rapidly moving landslides initiating within the operation; and (d) The signatures of the homeowner and of a notary public.

DIVISION 625

FOREST ROADS

Road Construction and Maintenance

629

- 625

- 0000 Purpose (1) Forest roads are essential to fore st management and contribute to providing jobs, products, tax base and

other social and economic benefits. (2) OAR 629

- 625

- 0000 through 629

- 625

- 0700 shall be known as the road construction and maintenance

rules. (3) The purpose of the road construction and maintenance rules is to establish standards for locating, designing, constructing and maintaining efficient and beneficial forest roads; locating and operating rock pits and quarries; and vacating roads, rock pits, and quarries that are no longer needed in manners that provide the maximum practical protection to maintain forest productivity, water quality, and fish and

wildlife habitat. (4) T he road construction and maintenance rules shall apply to all forest practices regions unless otherwise

indicated.

629

- 625

- 0100

Written Plans for Road Construction (1) A properly located, designed, and constructed road greatly reduces potential impacts to water quality, forest productivity, fish, and wildlife habitat. To prevent improperly located, designed, or constructed roads, a written plan is required in the sections listed below. (2) In addition to the requirements of the water protection rules, operators must submit a written plan to the

State Forester before: ( a) Constructing a road where there is an apparent risk of road

- generated materials entering waters of the state from direct placement, rolling, falling, blasting, landslide or debris flow; (b) Conducting machine activity in Type F or Type D streams, lak es or significant wetlands; or (c) Constructing roads in riparian management areas. (3) Operators shall submit a written plan to the State Forester before constructing roads on high landslide hazard locations. Operators and the State Forester shall sha re responsibility to identify high landslide hazard locations and to determine if there is public safety exposure from shallow, rapidly moving landslides using methods described in OAR 629

- 623

- 0000 through 0300. If there is public safety exposure, then the practices described in 629

- 623

- 0400 through 0800 shall also apply. (4) In addition to the requirements of the water protection rules, operators shall submit a written plan to the State Forester before placing woody debris or boulders in stream channels f or stream enhancement.

629

- 625

- 0200

Road Location (1) The purpose of this rule is to ensure roads are located where potential impacts to waters of the state are

minimized.January 2014 Oregon Forest Practice s Act 31

(2) When locating roads, operators shall designate road locations which minimize the risk of materials entering waters of the state and minimize disturbance to channels, lakes, wetlands and floodplains. (3) Operators shall avoid locating roads on steep slope s, slide areas, high landslide hazard locations, and in wetlands, riparian management areas, channels or floodplains where viable alternatives exist. (4) Operators shall minimize the number of stream crossings. (5) To reduce the duplication of road syst ems and associated ground disturbance, operators shall make use of existing roads where practical. Where roads traverse land in another ownership and will adequately serve the operation, investigate options for using those roads before constructing new roa ds.

629

- 625

- 0300 Road Design (1) The purpose of OARs 629

- 625

- 0300 through 629

- 625

- 0340 is to provide design specifications for forest roads that protect water quality. (2) Operators shall design and construct roads to limit the alteration of natural slopes and drainage patterns to that which will safely accommodate the anticipated use of the road and will also protect waters of the

state.

629

- 625

- 0310

Road Prism (1) Operators shall use variable grades and alignments to avoid less suitable terrain s o that the road prism is the least disturbing to protected resources, avoids steep sidehill areas, wet areas and potentially unstable areas as safe, effective vehicle use requirements allow. (2) Operators shall end

- haul excess material from steep slopes or high landslide hazard locations where needed to prevent landslides. (3) Operators shall design roads no wider than necessary to accommodate the anticipated use. (4) Operators shall design cut and fill slopes to minimize the risk of landslides. (5) O perators shall stabilize road fills as needed to prevent fill failure and subsequent damage to waters of the state using compaction, buttressing, subsurface drainage, rock facing or other effective means.

629

- 625

- 0320 Stream Crossing Structures (1) Oper ators shall design and construct stream crossing structures (culverts, bridges and fords) to: (a) Minimize excavation of side slopes near the channel. (b) Minimize the volume of material in the fill. (A) Minimizing fill material is accomplished by restricting the width and height of the fill to the amount needed for safe use of the road by vehicles, and by providing adequate cover over the culvert or other drainage structure. (B) Fills over 15 feet deep contain a large volume of material that can be a considerable risk to downstream beneficial uses if the material moves downstream by water. Consequently, for any fill over 15 feet deep operators shall submit to the State Forester a written plan that descri bes the fill and drainage structure design. Written plans shall include a design that minimizes the likelihood of: (i) Surface erosion; (ii) Embankment failure; and (iii) Downstream movement of fill material. (c) Prevent erosion of the fill and chan nel. (2) Operators shall design and construct stream crossings (culverts, bridges, and fords) to: (a) Pass a peak flow that at least corresponds to the 50

- year return interval. When determining the size of culvert needed to pass a peak flow correspondin g to the 50

- year return interval, operators shall select a size that is adequate to preclude ponding of water higher than the top of the culvert;

and (b) Allow migration of adult and juvenile fish upstream and downstream during conditions when fish

movem ent in that stream normally occurs. (3) An exception to the requirements in subsection (2)(a) of this rule is allowed to reduce the height of fills where roads cross wide flood plains. Such an exception shall be allowed if the operator obtains approval

o f a plan for an alternate practice. The State Forester will approve such a plan when the plan

demonstrates: (a) The stream crossing site includes a wide flood plain; andJanuary 2014 Oregon Forest Practice s Act 32

(b) The stream crossing structure matches the size of the active channel and is covered by the minimum fill necessary to protect the structure; (c) Except for culvert cover, soil fill is not placed in the flood plain; and (d) The downstream edge of all fil l is armored with rock of sufficient size and depth to protect the fill from eroding when a flood flow occurs.

629

- 625

- 0330 Drainage (1) The purpose of this rule is to provide a drainage system on new and reconstructed roads that minimizes

alteration of stream channels and the risk of sediment delivery to waters of the state. Drainage structures should be located based on the priority listed below. When there is a conflict between the requirements of sections (2) through (6) of this rule, the lowest nu mbered section takes precedence, and the later

numbered and conflicting section shall not be implemented. (2) Operators shall not concentrate road drainage water into headwalls, slide areas, high landslide hazard locations, or steep erodible fillslopes. ( 3) Operators shall not divert water from stream channels into roadside ditches. (4) Operators shall install dips, water bars, or cross drainage culverts above and away from stream crossings so that road drainage water may be filtered before entering wat ers of the state. (5) Operators shall provide drainage when roads cross or expose springs, seeps, or wet areas. (6) Operators shall provide a drainage system using grade reversals, surface sloping, ditches, culverts and/or waterbars as necessary to minim ize development of gully erosion of the road prism or slopes below the

road.

629

- 625

- 0340 Waste Disposal Areas Operators shall select stable areas for the disposal of end

- haul materials, and shall prevent overloading areas which may become unstable from additional material loading.

629

- 625

- 0400

Road Construction

OARs 629

- 625

- 0400 through 629

- 625

- 0440 provide standards for disposal of waste materials, drainage, stream protection, and stabilization to protect water quality during and after road constructi on.

629

- 625

- 0410 Disposal of Waste Materials Operators shall not place debris, sidecast, waste, and other excess materials associated with road construction in locations where these materials may enter waters of the state during or after construction.

6 29

- 625

- 0420 Drainage (1) Operators shall clear channels and ditches of slash and other road construction debris which interferes with effective roadway drainage. (2) Operators shall provide effective cross drainage on all roads, including temporary roads. (3) Operators shall install drainage structures on flowing streams as soon as feasible. (4) Operators shall effectively drain uncompleted roads which are subject to erosion. (5) Operators shall remove berms on the edges of roads or provide effect ive drainage through these berms, except for those berms intentionally designed to protect road fills.

629

- 625

- 0430

Stream Protection (1) When constructing stream crossings, operators shall minimize disturbance to banks, existing channels, and riparian management areas. (2) In addition to the requirements of the water protection rules, operators shall keep machine activity in beds of streams to an absolute minimum. Acceptable activities where machines are allowed in streambeds, such as installing culverts, shall be restricted to periods of low water levels. Operators shall submit a written plan to the State Forester for machine activity in Type F or Type D streams, lakes, and significant

wetlands.January 2014 Oregon Forest Practice s Act 33

(3) For all roads constructed or reconstructed ope rators shall install water crossing structures where needed to maintain the flow of water and passage of adult and juvenile fish between side channels or wetlands

and main channels. (4) Operators shall leave or re

- establish areas of vegetation between ro ads and waters of the state to protect water quality. (5) Operators shall remove temporary stream crossing structures promptly after use, and shall construct effective sediment barriers at approaches to channels.

629

- 625

- 0440

Stabilization (1) Operat ors shall stabilize exposed material which is potentially unstable or erodible by use of seeding, mulching, riprapping, leaving light slashing, pull

- back, or other effective means. (2) During wet periods operators shall construct roads in a manner which prevents sediment from entering

waters of the state. (3) Operators shall not incorporate slash, logs, or other large quantities of organic material into road fills.

629

- 625

- 0500
Rock Pits and Quarries (1) The development, use, and abandonment of rock p its or quarries which are located on forestland and used for forest management shall be conducted using practices which maintain stable slopes and protect water quality. (2) Operators shall not locate quarry sites in channels. (3) When using rock pits or quarries, operators shall prevent overburden, solid wastes, or petroleum products from entering waters of the state. (4) Operators shall stabilize banks, headwalls, and other surfaces of quarries and rock pits to prevent surface

e rosion or landslides. (5) When a quarry or rock pit is inactive or vacated, operators shall leave it in the conditions described in section (4) of this rule, shall remove from the forest all petroleum

- related waste material associated with the operation

, and shall dispose of all other debris so that such materials do not enter waters of the state.

629

- 625

- 0600

Road Maintenance (1) The purpose of this rule is to protect water quality by timely maintenance of all active and inactive roads. (2) Operator s shall maintain active and inactive roads in a manner sufficient both to provide a stable surface and to keep the drainage system operating as necessary to protect water quality. (3) Operators shall inspect and maintain culvert inlets and outlets, drain age structures and ditches before and during the rainy season as necessary to diminish the likelihood of clogging and the possibility of

washouts. (4) Operators shall provide effective road surface drainage, such as water barring, surface crowning,

const ructing sediment barriers, or outsloping prior to the rainy and runoff seasons. (5) When applying road oil or other surface stabilizing materials, operators shall plan and conduct the operation in a manner as to prevent entry of these materials into wate rs of the state. (6) In the Northwest and Southwest Oregon Regions, operators shall maintain and repair active and inactive roads as needed to minimize damage to waters of the state. This may include maintenance and repair of all portions of the road pri sm during and after intense winter storms, as safety, weather, soil moisture and other considerations permit. (7) Operators shall place material removed from ditches in a stable location. (8) In order to maintain fish passage through water crossing str uctures, operators shall: (a) Maintain conditions at the structures so that passage of adult and juvenile fish is not impaired during periods when fish movement normally occurs. This standard is required only for roads

constructed or reconstructed after September 1994, but is encouraged for all other roads; and (b) As reasonably practicable, keep structures cleared of woody debris and deposits of sediment that would impair fish passage. (9) Where needed to protect water quality, as directed by the State Forester, operators shall place additional cross drainage structures on existing active roads within their ownership prior to hauling to meet the requirements of OAR 629

- 625

- 0330. (10) Other fish passage requirements under the authority of ORS 509.580 through 509.910 and OAR 635

- 412

- 0005 through 635

- 412

- 0040 that are administered by other state agencies may be applicable to water crossing structures, including those constructed before Septemb er 1, 1994.January 2014 Oregon Forest Practice s Act 34

629

- 625

- 0650 Vacating Forest Roads (1) The purpose of this rule is to ensure that when landowners choose to vacate roads under their control, the roads are left in a condition where road related damage to waters of the state is unlikely. (2) To vacate a forest road, landowners shall effectively block the road to prevent continued use by vehicular

traffic

, and shall take all reasonable actions to leave the road in a condition where road

- related damage to waters of the state is unlikely. ( 3) Reasonable actions to vacate a forest road may include removal of stream crossing fills

, pullback of fills on steep slopes, frequent cross ditching, and/or vegetative stabilization. (4) Damage which may occur from a vacated road, consistent with Sect ions (2) and (3) of the rule, will not be subject to remedy under the provisions of the Oregon Forest Practices Act.

629

- 625

- 0700

Wet Weather Road Use (1) The purpose of this rule is to reduce delivery of fine sediment to streams caused by the use of for est roads during wet periods that may adversely affect downstream water quality in Type F or Type D

streams. (2) Operators shall use durable surfacing or other effective measures that resist deep rutting or development of a layer of mud on top of the road surface on road segments that drain directly to streams on active roads that will be used for log hauling during wet periods. (3) Operators shall cease active road use where the surface is deeply rutted or covered by a layer of mud

and where runoff from that road segment is causing a visible increase in the turbidity of Type F or Type D

streams as measured above and below the effects of the road.

DIVISION 630

HARVESTING

629

- 630

- 0000 Purpose (1) Harvesting of forest tree species is an integral part of forest management by which wood for human use is obtained and by which forests are established and tended. (2) Harvesting operations result in a temporary disturbance to the forest environment. (3) The purpose of the harvesting rules is to establish standards for forest practices that will maintain the productivity of forestland, minimize soil and debris entering waters of the state, and protect wildlife and

fish habitat. (4) OARs 629

- 630

- 0000 through 629

- 630

- 0800 shall be known as the harvesting rul es. (5) The harvesting rules shall apply to all forest practices regions unless otherwise indicated.

629

- 630

- 0100 Skidding and Yarding Practices (1) For each harvesting operation, operators shall select a logging method and type of equipment appropriat e to the given slope, landscape, and soil properties in order to minimize soil deterioration and to protect water quality. (2) Operators shall avoid ground

- based yarding on unstable, wet, or easily compacted soils unless operations can be conducted witho ut damaging soil productivity through soil disturbance, compaction or

erosion. (3) Operators shall locate skid trails where sidecasting is kept to a minimum. (4) Operators shall locate skid trails on stable areas so as to minimize the risk of material e ntering waters of

the state. (5) Operators shall avoid excavating skid trails on slumps or slides. (6) Operators shall limit cable logging to uphill yarding whenever practical. When downhill cable yarding is necessary, operators shall use a layout and system which minimizes soil displacement.

629

- 630

- 0150

Ground

- Based Harvesting On Steep Or Erosion

- Prone Slopes (1) The purpose of this rule is to reduce the potential for erosion from steep or erosion

- prone slopes to enter

waters of the state. (2) Sl opes over 60 percent are subject to the requirements of Sections (4) through (9) of this rule.January 2014 Oregon Forest Practice s Act 35

(3) Slopes over 40 percent where soils consist of decomposed granite

- type materials, or other highly erodible materials as determined by the State Forester, are considered erosion

- prone and subject to the requirements of Sections (4) through (9) of this rule. (4) Methods that avoid development of compacted or excavated trails are the preferred alternative for operating on steep or erosion

- prone slopes. If the o peration will result in excavated or compacted skid trails, operators shall apply sections (5) through (9) of this rule. (5) If skid trails are located on steep or erosion

- prone slopes, operators shall locate them at least 100 feet from any stream channe ls. (6) Operators shall locate skid trails where water can drain off the skid trail and onto undisturbed soils. (7) Skid trails shall not be located straight up and down steep or erosion prone slopes for a distance exceeding 100 feet unless effective dr ainage and sediment filtration can be achieved. (8) Operators shall install effective cross ditches on all skid roads located on steep or erosion

- prone slopes. (9) Operators shall limit the amount of ground with disturbed soils on steep or erosion

- prone slopes as described in Sections (2) and (3) of this rule to no more than ten percent of the steep or erosion

- prone slopes within the operation area.

629

- 630

- 0200 Landings (1) Operators shall minimize the size of landings to that necessary for safe opera tion. (2) Operators shall locate landings on stable areas so as to minimize the risk of material entering waters of

the state. (3) Operators shall avoid locating landings in riparian management areas. When no feasible alternative landing locations exis t, operators shall submit a written plan to the State Forester before locating landings in riparian management areas. (4) Operators shall not incorporate slash, logs, or other large quantities of organic material into landing fills. (5) Operators shall deposit excess material from landing construction in stable locations well above the high

water level.

629

- 630

- 0300 Drainage Systems (1) The purpose of this rule is to provide and maintain a drainage system for each landing, skid trail, and fire

trail that will control and disperse surface runoff to minimize sediment entering waters of the state. (2) Operators shall construct dips, grade reversals or other effective water diversions in skid trails and fire trails as necessary to minimize soil displace ment and to ensure runoff water is filtered before entering

waters of the state. (3) Operators shall drain skid trails by water barring or other effective means immediately following completion of the operation and at all times during the operation when r unoff is likely. (4) Operators shall establish effective drainage on landings during and after use.

629

- 630

- 0400

Treatment of Waste Materials (1) Operators shall leave or place all debris, slash, sidecast and other waste material associated with harvesting in such a manner to prevent their entry into waters of the state. (2) Where sidecast material or exposed soils are potentially unstable or erodible, the operator shall stabilize it by pullback, spreading out, seeding or other effective means. ( 3) Operators shall remove from the forest all petroleum product related waste material associated with the operation including, but not limited to, crankcase oil, filters, grease and oil containers. (4) Operators shall dispose of all other debris such as machine parts, old wire rope, and used tractor tracks

so that such materials do not enter waters of the state.

629

- 630

- 0500 Harvesting On High Landslide Hazard Locations (1) The purpose of this rule is to prevent timber harvesting

- related serious groun d disturbance and drainage alterations on all high landslide hazard locations, and to reference additional requirements when there is public safety exposure below the high landslide hazard location. (2) Operators and the State Forester shall share respons ibility to identify high landslide hazard locations and to determine if there is public safety exposure from shallow, rapidly moving landslides using methods

described in OAR 629

- 623

- 0100 through 0300. If there is public safety exposure, then the practices

described in OAR 629

- 623

- 0400 through 0800 shall also apply.January 2014 Oregon Forest Practice s Act 36

(3) Operators shall not construct skid roads on high landslide hazard locations. (4) Operators shall not operate ground

- based equipment on high landslide hazard locations. (5) Operators shall prevent deep or extensive ground disturbance on high landslide hazard locations during log felling and yarding operations. (6) Operators concerned about the application of these standards to a specific operation may consult with the

State Forester to obt ain an evaluation of their harvesting plan and its likelihood of compliance with the

standards.

629

- 630

- 0600 Felling; Removal of Slash (1) Operators shall fell, buck, and limb trees in ways that minimize disturbance to channels, soils and retained veget ation in riparian management areas, streams, lakes and all wetlands greater than one

quarter acre, and that minimize slash accumulations in channels, significant wetlands and lakes. (2) During felling operations operators shall: (a) Whenever possible, fell all conifer trees away from riparian management areas, streams, lakes and significant wetlands, except for trees felled for stream improvement projects. (b) On steep slopes, use felling practices such as jacking, line pulling, hig h stumps, whole tree yarding, or stage

- cutting as necessary and feasible to prevent damage to vegetation retained in riparian management areas, soils, streams, lakes and significant wetlands. (c) When hardwoods must be felled into or across streams, lake s or significant wetlands, operators

shall: (A) Buck and yard the trees to minimize damage to beds, banks and retained vegetation. (B) When it can be done consistently with protecting beds and banks, yard hardwood trees or logs away from the water befo re limbing. (3) Operators shall minimize the effects of slash that may enter waters of the state during felling, bucking, limbing or yarding by: (a) Removing slash from Type F and Type D streams, lakes and significant wetlands as an ongoing process (re moval within 24 hours of the material entering the stream) during the harvest operation. (b) Not allowing slash to accumulate in Type N streams, lakes or wetlands in quantities that threaten water quality or increase the potential for mass debris movemen t. (c) Placing any slash that is removed from streams, lakes, or wetlands above high water levels

where it will not enter waters of the state.

629

- 630

- 0700 Yarding; Cable Equipment Near Waters of the State (1) Operators shall maintain the purposes an d functions of vegetation required to be retained in riparian management areas and minimize disturbance to beds and banks of streams, lakes, all wetlands larger

than one

- quarter acre, and retained vegetation during cable yarding operations. (2) Operators shall minimize the yarding of logs across streams, lakes, significant wetlands, and other wetlands greater than one

- quarter acre whenever harvesting can be accomplished using existing roads or other practical alternatives. (3) Operators may use yarding corridors through retained streamside trees as long as the numbers and widths of yarding corridors are minimized. Operators shall submit a written plan to the State Forester when yarding across streams classified as Type F or Type D, any large or medium Type N streams, lakes, or significant wetlands. (4) When yarding across Type F or Type D streams, any large or medium Type N streams, lakes, or significant wetlands is necessary, it shall be done by swinging the yarded material fr ee of the ground in the aquatic areas and riparian areas. (5) Cable yarding across streams classified as small Type N or other wetlands greater than one

- quarter acre shall be done in ways that minimize disturbances to the stream channel or wetland and mi nimize disturbances of retained streamside vegetation.

629

- 630

- 0800 Yarding; Ground

- based Equipment Near Waters of the State (1) Operators shall maintain the purposes and functions of vegetation required to be retained in riparian management areas, and minimize disturbances to beds and banks of streams, lakes, all wetlands larger

than one

- quarter acre, and retained vegetation during ground

- based yarding operations.January 2014 Oregon Forest Practice s Act 37

(2) Operators shall not operate ground

- based equipment within any stream channel except as allowed in the rules for temporary stream crossings. (3) Operators shall minimize the number of stream crossings. (4) For cro ssing streams that have water during the periods of the operations, operators shall: (a) Construct temporary stream crossing structures such as log crossings, culvert installations, or fords that are adequate to pass stream flows that are likely to occur during the periods of use. Structures shall be designed to withstand erosion by the streams and minimize sedimentation. (b) Choose locations for temporary stream crossing structures which minimize cuts and fills or other

disturbances to the stream banks

. (c) Minimize the volume of material in any fills constructed at a stream crossing. Fills over eight feet deep contain such a large volume of material that they can be a considerable risk to downstream

beneficial uses should the material move downstream by water. For any fill for a temporary crossing that is over eight feet deep, operators shall submit to the State Forester a written plan that includes a description of how the fills would be constructed, passage of water, and the length

of time the fills would be in the stream. (d) Design temporary structures so that fish movement is not impaired on Type F streams. (e) Remove all temporary stream crossing structures immediately after completion of operations or prior to seasonal runoff that exceeds th e water carrying capacity of the structures, whichever comes first. When removing temporary structures, operators shall place fill material where it will

not enter waters of the state. (5) For stream crossings where the channels do not contain water duri ng the periods of the operations, operators are not required to construct temporary crossings as long as disturbances are no greater than what would occur if structures were constructed. Soil that enters the channels during the yarding operations must be r emoved after completion of the operation or prior to stream flow, whichever comes first. When removing such materials from the channels, operators shall place the materials in locations where they will not enter waters of the state. (6) Operators shall c onstruct effective sediment barriers such as water bars, dips, or other water diversion on stream crossing approaches after completion of operations, or prior to rainy season runoff, whichever

comes first. (7) Machine activity near (generally within 100 feet) streams, lakes, and other wetlands greater than one

quarter acre shall be conducted to minimize the risk of sediment entering waters of the state and preventing changes to stream channels. Operators shall only locate, construct, and maintain skid tra ils in riparian management areas consistent with the harvesting rules. (8) Operators shall minimize the amount of exposed soils due to skid trails within riparian management

areas . Except at stream crossings, operators shall not locate skid trails within 35 feet of Type F or Type D streams. Operators shall provide adequate distances between all skid trails and waters of the state to

filter sediment from runoff water. (9) Operators shall locate and construct skid trails so that when high stream flow occu rs water from the

stream will not flow onto the skid trail.

DIVISION 635 WATER PROTECTION RULES: PURPOSE, GOALS, CLASSIFICATION AND RIPARIAN MANAGEMENT

AREAS

629

- 635

- 0000 Purpose, Goals, Classification and Riparian Management Goals

The definitions in OAR 629

- 600

- 0100 apply to the Water Protection Rules, unless otherwise defined in the specific rules.

629

- 635

- 0100 Purpose and Goals (1) The leading use on private forestland is the growing and harvesting of trees, consistent with sound management of so il, air, water, fish and wildlife resources. There is a unique concentration of public

resource values in and near waters of the state because these areas are critical for the overall maintenance of fish and wildlife and for maintaining water quality. Cons equently, the policies of the Forest Practices Act, including encouraging economically efficient forest practices, are best achieved by focusing protection measures in riparian management areas, where the emphasis is on providing water quality and

fish and wildlife habitat.January 2014 Oregon Forest Practice s Act 38

(2) OAR 629

- 635

- 0000 through 629

- 660

- 0060 are known as the "water protection rules." (3) The purpose of the water protection rules is to protect, maintain and, where appropriate, improve the functions and values of streams, lakes, we tlands, and riparian management areas. Active management is encouraged where appropriate to meet this purpose. These functions and values include water quality, hydrologic functions, the growing and harvesting of trees, and fish and wildlife resources. (4 ) Plans for alternate practices may be used to alter vegetation retention requirements in the water protection rules based on local site conditions. The plans may include but are not limited to site specific vegetation retention prescriptions as described in OAR 629

- 640

- 0400 (for streams) and 629

- 645

- 0020 (for wetlands). Operators are encouraged to: (a) Evaluate site specific conditions in waters and riparian management areas; and (b) Develop plans for alternate practices that will: (A) Maintain, enhance, or restore riparian functions in streams, wetlands, and lakes; or (B) Meet the purposes and goals of the water protection rules while better meeting operational or other objectives. (5) General vegetation retention prescriptions for streams, lakes and wetlands apply where current vegetation conditions within the riparian management area have achieved or are likely to achieve the desired future condition in a "timely manner." Landowners are encouraged to manage stands within riparian m anagement areas in order to grow trees in excess of what must be retained so that the opportunity is available to harvest the excess. (6) Alternative vegetation retention prescriptions for streams allow incentives for operators to actively
manage vegetat ion where existing vegetation conditions are not likely to achieve the desired future condition in a "timely manner." (7) The overall goal of the water protection rules is to provide resource protection during operations adjacent
to and within streams, l akes, wetlands and riparian management areas so that, while continuing to grow and harvest trees, the protection goals for fish, wildlife, and water quality are met. (a) The protection goal for water quality (as prescribed in ORS 527.765) is to ensure th rough the described forest practices that, to the maximum extent practicable, non

- point source discharges of pollutants resulting from forest operations do not impair the achievement and maintenance of the water quality standards. (b) The protection goal for fish is to establish and retain vegetation consistent with the vegetation retention objectives described in OAR 629

- 640

- 0000 (streams), 629

- 645

- 0000 (significant wetlands), and 629

- 650

- 0000 (lakes) that will maintain water quality and provide aquatic habitat components and functions such as shade, large wood, and nutrients. (c) The protection goal for wildlife is to establish and retain vegetation consistent with the vegetation retention objectives described in OAR 629

- 640

- 0000 (streams), 629

- 645

- 000 0 (significant wetlands), and 629

- 650

- 0000 (lakes) that will maintain water quality and habitat components such as live trees of various species and size classes, shade, snags, downed wood, and food within riparian management areas. For wildlife species no t necessarily reliant upon riparian areas, habitat in riparian management areas is also emphasized in order to capitalize on the multiple benefits of vegetation retained along waters for a variety of purposes.

629

- 635

- 0110 Monitoring (1) Monitoring and evaluation of the water protection rules are necessary because of the innovative approach taken in the rules. Monitoring and evaluation are needed to increase the level of confidence of all concerned that the rules will maintain and improve the condition of the riparian vegetation and waters of

the state over time. (2) In cooperation with state and federal agencies, landowners and other interested parties, the department shall conduct monitoring on a continuing basis to evaluate the effectiveness of the water protection rules. The monitoring shall determine the effectiveness of the rules to meet the goals of the Forest Practices Act and the purposes stated in the rules, as well as their workability and operability. (3) It is the Board of Forestry's intent that the department and its cooperators place a high priority on assessing the monitoring needs and securing adequate resources to conduct the necessary monitoring. The department shall work with its cooperators and the Legislature to secure the necessary resources, funding and coordination for effective monitoring. (4) The department shall report to the Board of Forestry annually about current monitoring efforts and, in a timely manner, present findings and recommenda tions for changes to practices. The Board of Forestry shall consider the findings and recommendations and take appropriate action.January 2014 Oregon Forest Practice s Act 39

629

- 635

- 0120 Watershed Specific Practices for Water Quality Limited Watersheds and Threatened or Endangered Aquatic Specie s (1) The objective of this rule is to describe a process for determining whether additional watershed specific protection rules are needed for watersheds that have been designated as water quality limited or for watersheds containing threatened or endangered aquatic species. (2) The Board of Forestry shall appoint an interdisciplinary task force, including representatives of forest landowners within the watershed and appropriate state agencies, to evaluate a watershed, if the board

has determined b ased on evidence presented to it that forest practices in a watershed are measurably limiting to water quality achievement or species maintenance, and either: (a) The watershed is designated by the Environmental Quality Commission as water quality limited ;

or (b) The watershed contains threatened or endangered aquatic 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. (3) The board sh all direct the task force to analyze conditions within the watershed and recommend

watershed

- specific practices to ensure water quality achievement or species maintenance. (4) The board shall consider the report of the task force and take appropriate acti on. (5) Nothing in this rule shall be interpreted to limit the Board's ability to study and address concerns for other species on a watershed basis.

629

- 635

- 0200

Water Classification (1) The purpose of this water classification system is to match the p hysical characteristics and beneficial uses of a water body to a set of appropriate protection measures. (2) For the purposes of applying appropriate protection measures, waters of the state shall be classified as either streams, wetlands, or lakes. (3) Streams shall be classified further according to their beneficial uses and size. (4) Streams shall be classified into one of the following three beneficial use categories: (a) Streams that have fish use, including fish use streams that have domestic water use, shall be classified as Type F. (b) Streams that have domestic water use, but not fish use, shall be classified as Type D. (c) All other streams shall be classified as Type N. (5) For purposes of classification, a stream is considered to ha ve domestic water use only if a water use permit has been issued by the Oregon Water Resources Department. (6) A channel is considered to have domestic water use upstream of an intake for the distances indicated

below: (a) For domestic water use that is a community water system (as defined under OAR 333

- 061

- 0020), Type D classification shall initially apply to the length of stream that was designated as Class I under the classification system that was in effect on April 22, 1994, which is that shown on district water classification maps at the time of adoption of this rule. (b) For domestic water use that is not a community water system, Type D classification shall be initially applied for the shortest of the following dist ances: (A) The distance upstream of the intake to the farthest upstream point of summer surface flow; (B) Half the distance from the intake to the drainage boundary; or (C) 3000 feet upstream of the intake. (c) Type D classification shall apply to tributaries off the main channel as long as the conditions of subsections (6)(a) and (b) of this rule apply. (7) (a) A representative of a community water system or other domestic use water permit holder may

request that the department designate additional lengths of channels upstream of a domestic water intake or reservoir as Type D. The representative or permit holder must present evidence that the additional stream protection is needed. The department will decide whether or not to extend Type D classification to these other channels based on evidence presented by the requesting party showing that protection measures as sociated with Type N classification would be insufficient to prevent adverse detrimental temperature increases, turbidity increases, or other adverse water quality changes at the domestic water use intake or reservoir. (b) The process and criteria descri bed in subsection (7)(a), and the criteria under section (6) of this rule will be used to evaluate the extent of Type D classification for new community water systems.January 2014 Oregon Forest Practice s Act 40

(c) The department will decide whether or not to extend the length of Type D classific ation within 30 days of the presentation of evidence. (8) The domestic water use classification may be waived by the department at the request of a landowner who is the sole domestic water use permit holder for an intake and who owns all the land along u pstream channels that would be affected by the classification related to that intake. This waiver shall not affect the

classification related to downstream domestic water use intakes. (9) A stream or lake will be considered to have fish use if inhabited at any time of the year by anadromous or game fish species or fish that are listed as threatened or endangered species under the federal or state endangered species acts. (10) The fish use classification does not apply to waters where fish were introduce d through a fish stocking permit that includes documentation that the stream had no fish prior to stocking. ( 11 ) For the purposes of stream classification, the department will use the procedures in this section to

determine if a stream has fish use. (a) For stream segments where field surveys for fish use show that fish use ends at a natural barrier to fish use or other point that is not an artificial obstruction to fish passage , the department will designate fish use based on the survey. (b) For stre am segments where field surveys for fish use show that fish use ends at an artificial obstruction to fish passage, the department will designate fish use as continuing upstream from

the artificial obstruction to the first natural barrier to fish use. (c) For stream segments where field surveys for fish use have not been conducted, the department will designate fish use as continuing upstream from a point of known fish use and ending at the first natural barrier to fish use, without respect to any artifici al obstructions to fish passage. An operator may request that the department conduct a fish presence survey to verify this designation of fish use in stream segments associated with an operation scheduled to start between 12 and 24 months after the request

. (A) The department will make a good faith effort to conduct the requested surveys and will prioritize its survey work taking into account landowners without the financial or technical resources to conduct the surveys themselves. (B) As an option, the landowner may conduct the fish presence survey. (C) If neither the landowner nor the department is able to conduct the survey before the operation begins, the Type F classification applies up to the first natural barrier to fish

use. ( d) To be used for stream classification under this section, field surveys for fish use must be conducted according to the protocol in "Surveying Forest Streams for Fish Use," published by the Oregon Department of Forestry and the Oregon Department of Fish and Wildlife. (e) The department may use other information to determine the upstream extent of fish use including but not limited to field surveys for fish use by landowners or other entities, and local knowledge of
stream conditions, natural barriers t o fish use, or fish presence. (f) An operator may request an exception to Type F stream classification above an artificial obstruction to fish passage that is documented by field survey as the end of fish use. The department will grant the request upon d etermining that the artificial obstruction is likely to continue to prevent fish passage for a period of time exceeding that needed to regrow trees to a size that would provide key pieces of large wood. (g) When an exception to Type F stream classificati on is made above an artificial obstruction to fish

passage , the department will classify the stream as either Type D or Type N as appropriate and operators must apply the corresponding vegetation retention requirements. (h) For the purposes of ORS 215.730 (1)(b)(C), Type N streams are equivalent to "Class II streams." ( 12 ) For each of the three beneficial use categories (Type F, Type D, and Type N), streams shall be categorized further according to three size categories: large, medium, and small. The size categories are based on average annual flow. (a) Small streams have an average annual flow of two cubic feet per second or less. (b) Medium streams have an average annual flow greater than 2 and less than 10 cubic feet per

second. (c) Large streams have an average annual flow of 10 cubic feet per second or greater. ( 13 ) The assignment of size categories to streams on forestland will be done by the department as follows: (a) The department will index average annual flow to the upstream drainage ar ea and average annual precipitation. The methodology is described in Technical Note FP1 dated April 21, 1994. (b) Actual measurements of average annual flow may substitute for the calculated flows described in

the technical note.January 2014 Oregon Forest Practice s Act 41

(c) Any stream with a drainage area less than 200 acres shall be assigned to the small stream category regardless of the flow index calculated in subsection ( 13 )(a). ( 14 ) Wetlands shall be classified further as indicated below: (a) The following types of wetlands are classified as "significant wetlands": (A) Wetlands that are larger than 8 acres; (B) Estuaries; (C) Bogs; and (D) Important springs in eastern Oregon. (b) Stream

- associated wetlands that are less than 8 acres ar e classified according to the stream with which they are connected. (c) All other wetlands, including seeps and springs are classified according to their size as either "other wetlands greater than one

- quarter acre" or "other wetlands less than one

- quart er acre." ( 15 ) Lakes shall be classified further as indicated below: (a) Lakes greater than 8 acres are classified as "large lakes." (b) All other lakes are classified as "other lakes."

629

- 635

- 0210 Designation of Waters; Notice to Landowners; Rec onsideration (1) The State Forester shall maintain a map showing the classification of waters of the state in each Department of Forestry unit office where notice of operations required by ORS 527.670(6) may be submitted. The map shall show streams, lakes and significant wetlands of known classification within the geographic area of responsibility for that unit office. For streams, the maps shall indicate the size class and, when known, extent of fish use and domestic water use classification. (2) Once a water of the state has been classified according to OAR 629

- 635

- 0200, the State Forester shall not change the classification without written notice to the landowners immediately adjoining the portion(s)

of water to be reclassified. Notice to landowners sha ll include the reason for the change of classification and applicable rules. (3) Any landowner whose land immediately adjoins the water to be reclassified, any landowner who has received a water right or was granted an easement affecting the water classification, or any state resource agency may request reconsideration of classifications of waters of the state by the department. Such a request shall be in writing and shall identify on a map the portion of the stream or water of the

state which shoul d be reconsidered. The request shall present evidence that the current classification is

not consistent with OAR 629

- 635

- 0200 "Water Classification." (4) The department shall have up to 14 days to provide a final decision on a request for reconsideration of water classification. Until such a decision is provided, operators shall conduct any operation based upon the most protective potential water classification.

629

- 635

- 0220 Geographic Regions For the purposes of assigning protection measures to waters of the state, seven geographic regions have been delineated for forested areas within the state. The boundaries and names of the geographic regions are displayed

in Figure 1 [on page 50 ] . Precise boundaries are found on maps at department field offices. Geographic regions are not "forest regions" established pursuant to ORS 527 .640.

629

- 635

- 0300 Riparian Management Areas and Water Quality Protection Measures (1) Riparian management area widths are designated to provide adequate areas along streams, lakes, and significant wetlands to retain the physical components and maintain the functions necessary to accomplish the purposes and to meet the protection objectives and goals for water quality, fish, and

wildlife set forth in OAR 629

- 635

- 0100. (2) Specified protection measures, such as for site preparation, yarding and stream channel changes, are required for operations near waters o f the state and within riparian management areas to maintain water quality. (3) (a) Operators shall apply the specified water quality protection measures and protect riparian

management areas along each side of streams and around other waters of the state as described

in OAR 629

- 635

- 0310 through 629

- 660

- 0060. (b) Operators may vary the width of the riparian management area above or below the average specified width depending upon topography, operational requirements, vegetation, fish and

wildlife resource s and water quality protection as long as vegetation retention and protectionJanuary 2014 Oregon Forest Practice s Act 42 standards are met. However, the average width of the entire riparian management area within an operation must equal or exceed the required width.

629

- 635

- 0310 Riparian Managem ent Area Widths for Streams (1) (a) The riparian management area widths for streams are designated for each stream type as shown

in Table 1 [on page 50 ]

. (b) Except as indicated in section (2), operators shall measure the riparian management area width as a slope distance from the high water level of main channels. (c) Notwithstanding the distances designated in subsection(1)(a), where wetlands or side channels extend beyond the designated riparian management area widths, operators shall expand the ripa rian management area as necessary to entirely include any stream

- associated wetland or side channel plus at least 25 additional feet. This provision does not apply to small Type N

streams. (2) In situations where the slope immediately adjacent to the stre am channel is steep exposed soil, a rock bluff or talus slope, operators shall measure the riparian management area as a horizontal distance until the top of the exposed bank, bluff or talus slope is reached. From that point, the remaining portion of the

r iparian management area shall be measured as a slope distance.

DIVISION 640

WATER PROTECTION RULES: VEGETATION RETENTION ALONG STREAMS

629

- 640

- 0000 Vegetation Retention Goals for Streams; Desired Future Conditions (1) The purpose of this rule is to describe how the vegetation retention measures for streams were determined, their purpose and how the measures are implemented. The vegetation retention requirements for streams described in OAR 629

- 640

- 0100 through 629

- 640

- 0 400 are designed to produce desired future conditions for the wide range of stand types, channel conditions, and disturbance regimes that exist throughout forestlands in Oregon. (2) The desired future condition for streamside areas along fish use streams is to grow and retain vegetation so that, over time, average conditions across the landscape become similar to those of mature streamside stands. Oregon has a tremendous diversity of forest tree species growing along waters of the state and the age of mat ure streamside stands varies by species. Mature streamside stands are often dominated by conifer trees. For many conifer stands, mature stands occur between 80 and 200 years of stand age. Hardwood stands and some conifer stands may become mature at an earl ier age. Mature stands provide ample shade over the channel, an abundance of large woody debris in the channel,

channel

- influencing root masses along the edge of the high water level, snags, and regular inputs of nutrients through litter fall. (3) The ru le standards for desired future conditions for fish use streams were developed by estimating the conifer basal area for average unmanaged mature streamside stands (at age 120) for each geographic region. This was done by using normal conifer yield tables f or the average upland stand in the geographic region, and then adjusting the basal area for the effects of riparian influences on stocking, growth and mortality or by using available streamside stand data for mature stands. (4) The desired future conditi on for streamside areas that do not have fish use is to have sufficient streamside vegetation to support the functions and processes that are important to downstream fish use

waters and domestic water use and to supplement wildlife habitat across the lands cape. Such functions and processes include: maintenance of cool water temperature and other water quality parameters; influences on sediment production and bank stability; additions of nutrients and large conifer organic debris; and provision of snags, cov er, and trees for wildlife. (5) The rule standards for desired future conditions for streams that do not have fish use were developed in a

manner similar to that used for fish use streams. In calculating the rule standards, other factors used in developing the desired future condition for large streams without fish use and all medium and small streams included the effects of trees regenerated in the riparian management are a during the next rotation and desired levels of instream large woody debris. (6) For streamside areas where the native tree community would be conifer dominated stands, mature streamside conditions are achieved by retaining a sufficient amount of conife rs next to large and medium sized fish use streams at the time of harvest, so that halfway through the next rotation or period betweenJanuary 2014 Oregon Forest Practice s Act 43

harvest entries, the conifer basal area and density is similar to mature unmanaged conifer stands. In calculating the rul e standards, a rotation age of 50 years was assumed for even

- aged management and a period between entries of 25 years was assumed for uneven

- aged management. The long

- term maintenance of streamside conifer stands is likely to require incentives to landowne rs to manage streamside areas so that conifer reforestation occurs to replace older conifers over time. (7) Conifer basal area and density targets to produce mature stand conditions over time are outlined in the general vegetation retention prescriptions . In order to ensure compliance with state water quality standards, these rules include requirements to retain all trees within 20 feet and understory vegetation within 10 feet of the high water level of specified channels to provide shade. (8) For strea mside areas where the native tree community would be hardwood dominated stands, mature streamside conditions are achieved by retaining sufficient hardwood trees. As early successional species, the long

- term maintenance of hardwood streamside stands will in some cases require managed harvest using site specific vegetation retention prescriptions so that reforestation occurs to replace older trees. In order to ensure compliance with state water quality standards, these rules include requirements in the

genera l vegetation retention prescription to retain all trees within 20 feet and understory vegetation within 10 feet of the high water level of specified channels to provide shade. (9) In many cases the desired future condition for streams can be achieved by applying the general vegetation retention prescriptions, as described in OAR 629

- 640

- 0100 and 629

- 640

- 0200. In other cases, the existing streamside vegetation may be incapable of developing into the future desired conditions in a "timely manner." In this c ase, the operator can apply an alternative vegetation retention prescription

described in 629

- 640

- 0300 or develop a site specific vegetation retention prescription described in 629

- 640

- 0400. For the purposes of the water protection rules, "in a timely mann er" means that the trees within the riparian management area will meet or exceed the applicable basal area target or vegetation retention goal during the period of the next harvest entry that would be normal for the site. This will be 50 years for many sit es. (10) Where the native tree community would be conifer dominant stands, but due to historical events the stand has become dominated by hardwoods, in particular, red alder, disturbance is allowed to produce

conditions suitable for the re

- establishment of conifer. In this and other situations where the existing streamside vegetation is incapable of developing characteristics of a mature streamside stand in a "timely manner," the desired action is to manipulate the streamside area and woody debris levels at the time of harvest (through an alternative vegetation retention prescription or site specific vegetation retention prescription) to attain such characteristics more quickly.

629

- 640

- 0100 General Vegetation Retention Prescription for Type F Streams ( 1) (a) Operators shall apply the vegetation retention requirements described in this rule to the riparian

management areas of Type F streams. (b) Segments of Type F streams that are different sizes within an operation shall not be combined or averaged t ogether when applying the vegetation retention requirements. (c) Trees left to meet the vegetation retention requirements for one stream type shall not count towards the requirements of another stream type. (2) Operators shall retain: (a) All underst ory vegetation within 10 feet of the high water level; (b) All trees within 20 feet of the high water level; and (c) All trees leaning over the channel. (3) Operators shall retain within riparian management areas and streams all downed wood and snags that are not safety or fire hazards. Snags felled for safety or fire hazard reasons shall be retained where they are felled unless used for stream improvement pro jects. (4) Notwithstanding the requirements of section (2) of this rule, vegetation, snags and trees within 20 feet of the high water level of the stream may be felled, moved or harvested as allowed in other rules for road construction, yarding corridors , temporary stream crossings, or for stream improvement. (5) Operators shall retain at least 40 live conifer trees per 1000 feet along large streams and 30 live conifer trees per 1000 feet along medium streams. This includes trees left to meet the requir ements described in section (2) of this rule. Conifers must be at least 11 inches DBH for large streams and 8 inches DBH for medium streams to count toward these requirements. (6) Operators shall retain trees or snags six inches or greater DBH to meet th e following requirements (this includes trees left to meet the requirements of sections (2) and (5) of this rule): (a) If the live conifer tree basal area in the riparian management area is greater than the standard target shown in Table 2 [on page 51 ] where the harvest unit will be a harvest type 2 or type 3 unitJanuary 2014 Oregon Forest Practice s Act 44 or Table 3 [on page 5 1 ] where the harvest unit will be a harvest type 1, partial harvest, or thinning, operators shall retain live conifer trees of sufficient basal area to meet the standard
target. (b) If the live conifer tree basal area in the riparian management area is less than the standard target (as shown in Table 2 where the harvest unit will be a harvest type 2 or type 3 unit, or Table 3 where the harvest unit will be a harvest type 1, partial harvest, or thinning) but greater than one

half the standard target shown in Table 2 , operators shall retain all live conifer trees six inches DBH or larger in the riparian management area (up to a maximum of 150 conifers per 1000 feet along large streams, 100 conifers per 1000 feet along medium streams, and 70 conifers per 1000

fe et along small streams). (c) If live conifer tree basal area in the riparian management area is less than one

- half the standard target shown in Table 2 : (A) Operators may apply an alternative vegetation retention prescription as described in OAR

629

- 64 0

- 0300 where applicable, or develop a site specific vegetation retention prescription as described in 629

- 640

- 0400; or (B) Operators shall retain all conifers in the riparian management area and all hardwoods within 50 feet of the high water level for large streams, within 30 feet of the high water level for medium streams, and within 20 feet of the high water level for small streams. (7) In the Coast Range, South Coast, Interior, Western Cascade, and Siskiyou geographic regions, hardwood trees and snags six inches or greater DBH may count toward the basal area requirements in subsection (6)(a) of this rule as follows: (a) All cottonwood and Oregon ash trees within riparian management areas that are beyond 20 feet of the high water level of large Type F streams, may count toward the basal area requirements. (b) Up to 10 percent of the basal area requirement may be comprised of sound conifer snags at least 30 feet tall and other large live hardwood trees, except red alder, growing in the riparian management area more than 20 feet from the high water level and at least 24 inches DBH. (8) In the Eastern Cascade and Blue Mount ain geographic regions, hardwood trees, dying or recently dead trees and snags six inches or greater DBH may count toward the basal area requirements in subsection (6)(a) of this rule as follows: (a) The basal area of retained live hardwood trees may cou nt toward meeting the basal area requirements. (b) Up to 10 percent of the basal area retained to meet the basal area requirement may be comprised of sound conifer snags at least 30 feet tall. (c) For small Type F streams, the maximum required live con ifer tree basal area that must be retained to meet the standard target is 40 square feet. The remaining basal area required may come from retained snags, dying or recently dead trees, or hardwoods if available within the riparian management area. (9) Not withstanding the requirements indicated in this rule, operators may conduct precommercial thinning and other release activities to maintain the growth and survival of conifer reforestation within riparian management areas. Such activities shall contribute to and be consistent with enhancing the stand's ability

to meet the desired future condition. (10) When determining the basal area of trees, the operator may use the average basal area for a tree's diameter class, as shown in Table 4 [on page 52 ] , or determine an actual basal area for each tree. The method for determining basal area must be consistent throughout the riparian management area. (11) (a) For large and medium Type F streams, live conifer trees retained in excess of the active

managem ent target shown in Table 2 and hardwoods retained beyond 20 feet of the high water level of the stream that otherwise meet the requirements for leave trees may be counted toward requirements for leave trees within harvest type 2 or harvest type 3 units (p ursuant to ORS

527.676 ). (b) For small Type F streams, all retained live trees that otherwise meet the requirements for leave trees may count toward requirements for leave trees within harvest type 2 or harvest type 3 units (pursuant to ORS 527.676 ). (12) Trees on islands with ground higher than the high water level may be harvested as follows: (a) If the harvest unit is solely on an island, operators shall apply all the vegetation retention requirements for a large Type F stream described in this r ule to a riparian management area along the high water level of the channels forming the island. (b) Otherwise, operators shall retain all trees on islands within 20 feet of the high water level of the channels forming the island and all trees leaning ov er the channels. In this case, conifer trees retained on islands may count toward the basal area requirement for adjacent riparianJanuary 2014 Oregon Forest Practice s Act 45 management areas so long as the trees are at least 11 inches DBH for large streams and eight

inches DBH for medium streams. (13) When applying the vegetation retention requirements described in this rule to the riparian management areas, if an operator cannot achieve the required retention without leaving live trees on the upland side of a road that may be within the riparian management area and those trees pose a safety hazard to the road and will provide limited functional benefit to the stream, the State Forester may approve a plan for an alternate practice to modify the retention requirements on a site specific basis.

629

- 640

- 0105 Placing Large Wood Key Pieces in Type F Streams to Improve Fish Habitat (1) Placement of large wood key pieces in a Type F stream to improve fish habitat that is conducted in conjunction with a forest operation is subject to the regulations in th e Oregon Forest Practices Act and the forest practice rules. (2) The goal of placing large wood key pieces is to deliver wood that is relatively stable, but can reconfigure to a limited degree and work with the natural stream flow to restore and maintain habitat for aquatic species. When placing large wood key pieces in conjunction with an operation, an operator shall design and implement the project to: (a) Rely on the size of wood for stability and exclude the use of any type of artificial anchoring; (b) Emulate large wood delivery configurations that occur from natural riparian processes over time; (c) Restore and maintain natural aquatic habitat over time rather than rely on constructed habitat

structures; and (d) Meet the standards established in “ Guide to Placement of Wood, Boulders and Gravel for Habitat

Restoration ,” developed by the Oregon Department of Forestry, Oregon Department of Fish and Wildlife, Oregon Department of State Lands, and Oregon Watershed Enhancement Board, January 2010

.

629

- 640

- 0110 Live Tree Retention Credit for Improvement of Type F Streams (1) Many Type F streams currently need improvement of fish habitat because they lack adequate amounts of large woody debris in channels, or they lack other important habitat elemen ts. (2) This rule allows operators incentives to conduct other stream enhancement projects to create immediate improvements in fish habitat. Operators placing large wood key pieces in streams, as described in OAR

629

- 640

- 0105, may qualify for the live tre e retention credit under this rule only if such placement meets the additional requirements of this rule. (3) When addressed in a written plan, operators may place conifer logs or downed trees in Type F streams and receive basal area credit toward meeting the live tree retention requirements in a stream's riparian
management area. (4) For each conifer log or tree the operator places in a large or medium Type F stream, the basal area credit is twice the basal area of the placed log or tree. (5) For each c onifer log or tree the operator places in a small Type F stream, the basal area credit is equal to the basal area of the placed log or tree. (6) Basal area credit will be determined by measuring the cross

- sectional area of the large end of a log or by

mea suring the point on a downed tree that would be equivalent to breast height. (7) To receive basal area credit for downed trees or conifer logs placed in a stream, the operator shall comply with the guidance and restrictions for placing logs or trees presc ribed by the State Forester. (8) Operators may propose other stream enhancement projects for basal area credit such as creation of backwater alcoves, riparian grazing exclosures (such as fencing), and placement of other instream

structure such as boulders and rootwads. When a project is addressed in a written plan and reviewed by the department in consultation with the Department of Fish and Wildlife, basal area credit shall be given toward meeting the live tree requirements within riparian management area s. The basal area credit shall be negotiated between the department, operator and Department of Fish and Wildlife. (9) Basal area credit may be given to an operation for enhancement projects conducted at locations other than at the operation site so long as the project is in the same immediate vicinity as the operation site (for instance, within one or two miles of the operation). (10) Basal area credit may be given to an operation for improvement projects conducted at a later date (this may be necessary to avoid operating under high water conditions or to protect spawning areas), but the project must be completed within six months of the completion of the operation.January 2014 Oregon Forest Practice s Act 46

(11) In granting basal area credit, the standing tree basal area retained within riparian management areas of Type F streams shall not be reduced to less than the active management targets shown in Table 2 or 3 [on page 51 ] , as applicable. (12) For small Type F streams in the Eastern Cascade and Blue Mountain geographic regions, the live conifer tree basal area may be reduced to 30 square feet for the active management target. The remaining portion of the basal area requirement must come from snags, dying or recently dead or dying trees, or hardwood trees if available in the riparian manag ement area. (13) Operators shall notify the State Forester of the completion of live tree retention credit stream improvement projects that were planned for locations other than on the operation site under section (9) of this rule or that were planned to be completed at another date under section (10) of this rule.

629

- 640

- 0200 General Vegetation Retention Prescription for Type D and Type N Streams (1) (a) Operators shall apply the vegetation retention requirements described in this rule to the riparia n

management areas of Type D and Type N streams. (b) Segments of Type D or Type N streams that may be of a different size within an operation shall not be combined or averaged together when applying the vegetation retention requirements. (c) Trees left to meet the vegetation retention requirements for one stream type shall not count toward the requirements of another stream type. (2) Operators shall retain along all Type D, and large and medium Type N streams: (a) All understory vegetation within 10 feet of the high water level; (b) All trees within 20 feet of the high water level; and (c) All trees leaning over the channel. (3) Operators shall retain all downed wood and snags that are not safety or fire hazards within riparian management areas and streams. Snags felled for safety or fire hazard reasons shall be retained where they are felled unless used for stream improvement pro jects. (4) Notwithstanding the requirements of section (2), vegetation, snags and trees within 20 feet of the high water level of the stream may be felled, moved or harvested as allowed in the rules for road construction, yarding corridors, temporary str eam crossings, or for stream improvement. (5) Operators shall retain at least 30 live conifer trees per 1000 feet along large Type D and Type N streams and 10 live conifer trees per 1000 feet along medium Type D and Type N streams. This includes any

tree s left to meet the requirements described in section (2) of this rule. Conifers must be at least 11 inches DBH for large streams and eight inches DBH for medium streams to count toward these requirements. (6) Operators shall retain all understory vegetation and non

- merchantable conifer trees (conifer trees less than six inches DBH) within 10 feet of the high water level on each side of small perennial Type N

streams indicated in Table 5 [on page 52 ]

. (a) The determination that a stream is perennial shall be made by the State Forester based on a reasonable expectation that the stream will have summer surface flow after July 15. (b) The determination in subsection (6)(a) of this rule can be made based on a sit e inspection, data from other sources such as landowner information, or by applying judgment based upon stream flow patterns experienced in the general area. (c) Operators are encouraged whenever possible to retain understory vegetation, non

- merchantable trees, and leave trees required within harvest type 2 or harvest type 3 units (pursuant to ORS

527.676 ) along all other small Type N streams within harvest units. (7) Operators shall retain trees six inches or greater DBH to meet the following requirements (this includes trees left to meet the requirements of sections (2) and (5) of this rule): (a) If the live conifer tree basal area in the riparian management area is greater than the standard target shown in Table 6 [on page 53 ] where the harvest will be a harvest type 2 or type 3 unit or

in Table 7 [on page 53 ] where the harvest unit is a harvest type 1, partial harvest, or thinning, operators shall retain along all Type D, and medium and large Type N streams live conifer trees of sufficient basal area to meet the standard target. (b) If the live conifer tree basal area in the riparian management area is less than the standard target (as shown in Table 6 where the harvest will be a harvest type 2 or type 3 unit or Table 7 where the harvest unit is a harvest type 1, partial harvest, or thinning), but greater tha n one

- half the standard target shown in Table 6 , operators shall retain along all Type D, and medium and large Type N streams all conifers 6 inches DBH or larger in the riparian management area (up to a maximum of 100 conifers per 1000 feet along large str eams, and 70 conifers per 1000 feet along medium streams).January 2014 Oregon Forest Practice s Act 47

(c) If the live conifer tree basal area in the riparian management area is less than one

- half the standard target shown in Table 6 : (A) Operators may apply an alternative vegetation retention p rescription as described in OAR

629

- 640

- 0300, where applicable, or develop a site specific vegetation retention prescription as described in OAR 629

- 640

- 0400; or (B) Operators shall retain along all Type D, and medium and large Type N streams all

conifer s in the riparian management area and all hardwoods within 30 feet of the high water level for large streams and within 20 feet of the high water level for medium

streams. (8) In the Coast Range, South Coast, Interior, Western Cascade, and Siskiyou geogr aphic regions, hardwood trees and snags six inches or greater DBH may count toward the basal area requirements in subsection (7)(a) of this rule as follows: (a) All cottonwood and Oregon ash trees within riparian management areas that are beyond 20 feet

o f the high water level of large Type D and N streams, may count toward the basal area requirements. (b) For large Type D and N streams, up to 10 percent of the basal area requirement may be comprised of sound conifer snags at least 30 feet tall and other large live hardwood trees, except red alder, growing in the riparian management area more than 20 feet fr om the high water level

and at least 24 inches DBH. (c) For medium Type D and N streams: (A) Up to 30 square feet of basal area per 1000 feet of stream may be comprised of

hardwood trees. (B) Up to five percent of the basal area retained may be comprised of sound conifer snags

that are at least 30 feet tall. (9) In the Eastern Cascade and Blue Mountain geographic regions: (a) The basal area of all retained live hardwood trees may count towa rd meeting the basal area requirements. (b) For large Type D and N streams, up to 10 percent of the basal area requirement may be comprised of sound conifer snags at least 30 feet tall. (c) For medium Type D and N streams, up to five percent of the basa l area retained may be comprised of sound conifer snags that are at least 30 feet tall. (10) Notwithstanding the requirements indicated in this rule, operators may conduct precommercial thinning and other release activities to maintain the growth and sur vival of conifer reforestation within riparian management areas. Such activities shall contribute to and be consistent with enhancing the stand's ability

to meet the desired future condition. (11) When determining the basal area of trees along streams in a harvest unit, operators may use the average basal area for a tree's diameter class, as shown in Table 4 [on page 52 ] i n OAR 629

- 640

- 0100, or determine an actual basal area for each tree. The method for determining basal area must be consistent throughout the riparian management area. (12) All live trees retained along Type D and N streams that otherwise meet the require ments for leave trees may count toward requirements for leave trees within harvest type 2 or harvest type 3 units (pursuant to ORS 527.676). (13) Trees on islands with ground higher than the high water level may be harvested as follows: (a) If the harv est unit is solely on an island, operators shall apply all the vegetation retention requirements for a large Type F stream described in this rule to a riparian management area along the high water level of the channels forming the island. (b) Otherwise, operators shall retain all trees on islands within 20 feet of the high water level of the channels forming the island and all trees leaning over the channels. In this case, conifer trees retained on islands may count toward the basal area requirement for a djacent riparian management areas so long as the trees are at least 11 inches DBH for large streams and 8

inches DBH for medium streams. (c) All merchantable trees may be harvested from islands within small Type N streams. (14) When applying the vegetat ion retention requirements described in this rule to the riparian management areas, if an operator cannot achieve the required retention without leaving live trees on the upland side of a road that may be within the riparian management area and those trees pose a safety hazard to the road and will provide limited functional benefit to the stream, the operator may submit a plan for an alternate practice to the State Forester to modify the retention requirements on a site specific basis.January 2014 Oregon Forest Practice s Act 48

629

- 640

- 0210 Leaving Green Trees and Snags along Small Type N Streams subject to Rapidly Moving Landslides (1) The purpose of this rule is to provide a source of large wood that can be moved by rapidly moving landslides into Type F streams. (2) When directed by the S tate Forester, operators must retain green trees and snags required for harvest type 2 or type 3 units under ORS 527.676 adjacent to small Type N streams subject to rapidly moving landslides likely to deliver wood to Type F streams. (a) The green trees an d snags must be retained within an area that is 50 feet on each side of the small Type N stream and 500 feet upstream from a riparian management area of a Type F

stream. (b) Requirements under OAR 629

- 623

- 0300 supersede the requirements of this rule. (3) Operators are required to retain all green trees and snags in the area described in subsection (2)(a) of this rule up to the number determined by the equation H

- T where: (a) H is the total number of green trees and snags required to be retained in the harvest type 2 or type 3 unit; and (b) T is the number of trees retained in riparian management areas in the harvest unit that may be

counted as harvest unit leave trees under OAR 629

- 640

- 0100(11) and 629

- 640

- 0200(12). (4) An operator may propose a plan for an alternate practice to meet the purpose of this rule. Alternate practices may include but are not limited to placing wood directly in the Type F stream. (5) This rule takes effect on October 1, 2007.

629

- 640

- 0300 Alternative Vegetation Retention P rescriptions (1) Alternative prescriptions are intended to apply to situations where the existing streamside stand is too sparse or contains too few live conifers to maintain fish, wildlife, and water quality resources over time.

Future desired streamside stand conditions are achieved through immediate manipulation of vegetation, including reforesting the riparian management area with conifers. (2) Sections (3) and (4) of this rule are alternative vegetation retention prescriptions that operators may appl y if the conifer basal area in the riparian management area is no more than one

- half of the standard target

indicated in either Table 2 [on page 51 ] of OAR 629

- 640

- 0100 or Table 6 [on page 53 ] of 629

- 640

- 0200, as may be applicable, and conditions described in the alternative prescription are applicable. (3) Alternative Vegetation Retention Prescription 1 (Catastrophic Events). This alternative prescription applies to streamside stands that have been damaged by wildfire or by catastrophic windthrow, insect or disease mortality. Such mortality must occur at the stand level and shall not include normal endemic mortality. The prescription is intended to provide adequate stream shade, woody debris, and bank stability for the future while creating conditions in t he streamside area that will result in quick establishment of a new and healthy stand. Operators shall: (a) Retain trees that have fallen in the stream. Only portions of these trees that are outside the high

water levels and do not contribute to the abili ty of the downed tree to withstand movement during high flows may be harvested. (b) Retain all live and dead trees within 20 feet of the high water level of large and medium streams and 10 feet of the high water level of small streams. (c) For Type F str eams, retain live trees, dying or recently dead trees, and downed logs sufficient to satisfy the active management target shown in Table 2

. (d) For Type D and N streams, retain live trees, dying or recently dead trees, or downed logs sufficient to satisfy the standard target shown in Table 6

. (e) Live conifers shall be retained first to meet the target. If live conifers are too few to satisfy the target, then the target shall be met as much as possible by including windthrown trees within the

channel and dying or recently dead trees. (f) For purposes of this prescription the basal area of a windthrown tree in the channel or a retained dying or recently dead tree contributes two times its basal area toward meeting the target. (4) Alternative Vegetation Re tention Prescription 2 (Hardwood Dominated Sites). This alternative prescription applies to streamside sites that are capable of growing conifers, and where conifer stocking is currently low and unlikely to improve in a "timely manner" because of competiti on from hardwoods and brush. If portions of such riparian management areas currently contain abundant conifer basal area, it is intended that these areas of good conifer basal area be segregated and managed using the general vegetation retention prescripti on while the remainder is managed according to this alternative prescription. The alternative prescription is intended to provide adequate stream shade, some woody debris, and bankJanuary 2014 Oregon Forest Practice s Act 49

stability for the future while creating conditions in the streamside area t hat will result in quick establishment of a conifer stand. The operator shall: (a) Evaluate the stand within the riparian management area and, where they exist, segregate segments (200 feet or more in length) that are well

- stocked with conifer, as identif ied from an aerial photograph, from the ground or through other appropriate means. The general vegetation retention prescription for vegetation retention shall be applied to these segments. (b) For the remaining portion of the riparian management area that has lower conifer basal area, the riparian management area shall be divided into conversion blocks and retention blocks. (c) No more than half of the total stream length in the harvest unit can be included within conversion

blocks. Conversion blocks can b e no more than 500 feet long and must be separated from each other by at least 200 feet of retention block or by at least a 200 foot segment where the general vegetation retention prescription is applied. (d) Within conversion blocks the operator shall re tain: (A) All trees growing in the stream or within 10 feet of the high water level of the stream. (B) All trees leaning over the channel within 20 feet of the high water level of large streams. (e) Within retention blocks the operator shall retain: (A) For large streams, all conifer trees within 50 feet of the high water level of the stream and all hardwood trees within 30 feet of the high water level of the stream. (B) For medium streams, all conifer trees within 30 feet of the high water level of th e stream and all hardwood trees within 20 feet of the high water level of the stream. (C) For small streams, all trees within 20 feet of the high water level of the stream.

629

- 640

- 0400 Site Specific Vegetation Retention Prescriptions for Streams and Riparian Management Areas (1) (a) Operators are encouraged to develop site specific vegetation retention prescriptions in a plan for

an alternate practice. (b) A primary aim of these prescriptions is to identify opportunities and allow incentives for res toring or enhancing riparian management areas or streams. (c) Another purpose of site specific vegetation retention prescriptions is to allow for changes to the vegetation retention requirements in OARs 629

- 640

- 0100 and 629

- 640

- 0200. The changes must

prov ide for the functions and values of streams and their riparian management areas as described in the vegetation retention goals for streams while affording a better opportunity to meet other objectives. (2) Operators may develop site specific vegetation re tention prescriptions for streams and their riparian management areas to achieve the vegetation retention goals described in OAR 629

- 640

- 0000 if: (a) The potential of the streamside stand to achieve basal area and stand density similar to mature

conifer f orest stands in a "timely manner" is questionable; or (b) In

- stream conditions are impaired due to inadequate large woody debris or other factors; or (c) The modification of a standard or practice would result in less environmental damage than if the

sta ndard or practice were applied. (3) A plan for an alternate practice shall be approved if the State Forester determines that when properly executed the alternate plan will have no significant or permanent adverse effects and: (a) It will meet or exceed t he vegetation retention goals in a more "timely manner" than if the plan were not implemented; or (b) The long

- term benefits of the proposed restoration practice are greater than short

- term detrimental effects; or (c) The proposed practice will result in less environmental damage than if the regular rules were

followed. (4) Factors that may need to be considered in the plan include, but are not limited to, the potential of the existing streamside stand to achieve mature conifer forest characteristics, th e long

- term supply of woody debris, survival of planted conifers, sensitivity to changes in water temperature and water quality, the potential for sedimentation, the stability of woody debris placed in aquatic areas, and monitoring the direct

effects of th e proposed practices.

629

- 640

- 0500 Reforestation Within Stream Riparian Management Areas Harvested portions of riparian management areas along streams are subject to the same reforestation requirements that apply to adjacent areas outside of the riparian management areas. Reforestation is more difficult in riparian management areas due to a number of factors. To succeed with the required reforestation,January 2014 Oregon Forest Practice s Act 50

land

- owners should anticipate and plan for such factors as brush control measures, animal damage problem s, and tree species that are suitable for wetter sites.

FIGURE 1. Geographic Regions

OAR 629

- 635

- 0220

TABLE 1. Riparian Management Area Widths for Streams of Various Sizes and Beneficial Uses (OAR 629

- 635

- 0310.)

Type F Type D Type N

LARGE 100 feet 70 feet 70 feet

MEDIUM 70 feet 50 feet 50 feet

SMALL 50 feet 20 feet Apply specified water quality protection

measures, and see OAR 629

- 640

- 0200.January 2014 Oregon Forest Practice s Act 51

TABLE 2. General Prescription for Type F streams: Streamside Tree Retention for Harvest Type 2 or Type 3 Units (OAR 629

- 640

- 0100 (6) (a))

SQUARE FEET OF BASAL AREA PER 1000 FEET OF STREAM, EACH SIDE

Geographic Region LARGE

Type F

RMA = 100 feet MEDIUM

Type F

RMA = 70 feet SMALL

Type F

RMA = 50 feet

Standard

Target Active Mgt.

Target Standard

Target Active Mgt.

Target Standard

Target Active Mgt.

Target

Coast Range & S. Coast 230 170 120 90 40 20

Interior & W. Cascade 270 200 140 110 40 20

Siskiyou 220 170 110 90 40 20

Eastern Cascade & Blue Mountain 170 130 90 70 50 1 50 2

TABLE 3. General Prescription for Type F Streams: Streamside Tree Retention for Harvest Type 1, Partial Harvest, or Thinning Units (OAR 629

- 640

- 0100 (6) (a))

SQUARE FEET OF BASAL AREA PER 1000 FEET OF STREAM, EACH SIDE

Geographic region LARGE

Type F

RMA = 100 feet MEDIUM

Type F

RMA = 70 feet SMALL

Type F

RMA = 50 feet

Standard

Target Active Mgt.

Target Standard

Target Active Mgt.

Target Standard

Target Active Mgt.

Target

Coast Range & S. Coast 300 270 160 140 50 30

Interior & W. Cascade 350 310 180 160 50 30

Siskiyou 290 260 140 120 50 30

Eastern Cascade & Blue Mountain 220 200 120 100 50 1 50 2

1 The maximum live conifer tree basal area that must be retained is 40 square feet. The remaining basal area may come from sna gs, dying or recently dead or dying trees, or hardwood trees if available within the riparia n management area.

2 Live conifer tree basal area may be reduced to 30 square feet for the active management target. The remaining portion of the basal area requirement must come from snags, dying or recently dead or dying trees, or hardwood trees if av ailable within the riparian management

area.January 2014 Oregon Forest Practice s Act 52

TABLE 4. Basal Area for Various Diameter Classes (OAR 629

- 640

- 0100 (10))

Diameter BreastHeight
(inches) Basal Area

(square feet) Diameter Breast

Height (inches) Basal Area
(square feet)

6 to 10 0.3 41 to 45 10.1

11 to 15 0.9 46 to 50 12.6

16 to 20 1.8 51 to 55 15.3

21 to 25 2.9 56 to 60 18.3

26 to 30 4.3 61 to 65 21.6

31 to 35 5.9 66 to 70 25.2

36 to 40 7.9 71 to 75 29.0

TABLE 5. Vegetation Retention for Specified Small Type N Streams (OAR 629

- 640

- 0200 (6))

Geographic

Region Retain Understory Vegetation and Unmerchantable Conifers 10

Feet Each Side of Stream for:

Eastern Cascades and Blue

Mountains All perennial streams.

South Coast Portions of perennial streams where the upstream drainage area is

greater than 160 acres.

Interior Portions of perennial streams where the upstream drainage area is

greater than 330 acres.

Siskiyou Portions of perennial streams where the upstream drainage area is

greater than 580 acres.

Coast Range and

Western Cascades No retention required.January 2014 Oregon Forest Practice s Act 53

TABLE 6

. General Prescription for Type D, and Large and Medium Type N Streams: Streamside Tree Retention for Harvest Type 2, or Type 3 Units (OAR 629

- 640

- 0200 (7) (a))

SQUARE FEET OF BASAL AREA PER 1000 FEET OF STREAM,

EACH SIDE

Geographic Region LARGE

TYPE D AND N

RMA = 70 feet MEDIUM

TYPE D AND N

RMA = 50 feet SMALL

TYPE D

RMA = 20 feet

Standard Target Standard Target Standard Target

Coast Range & S. Coast 90 50 1 0

Interior & W. Cascade 110 50 1 0

Siskiyou 90 50 1 0

Eastern Cascade & Blue

Mountain 70 50 1 0

TABLE 7. General Prescription for Type D, and Large and Medium Type N Streams: Streamside Tree Retention for Harvest Type 1, Partial Harvest, and Thinning Units (OAR 629

- 640

- 0200 (7) (a))

Geographic Region SQUARE FEET OF BASAL AREA PER 1000 FEET OF STREAM,

EACH SIDE

LARGE

TYPE D AND N

RMA = 70 feet MEDIUM

TYPE D AND N

RMA = 50 feet SMALL

TYPE D

RMA = 20 feet

Standard Target Standard Target Standard Target

Coast Range & S. Coast 140 6 0 1 0

Interior & W. Cascade 1 60 6 0 1 0

Siskiyou 1 20 6 0 1 0

Eastern Cascade & Blue

Mountain 100 60 1

0

______________________________

1 Hardwoods may count up to 30 square feet of basal area per 1000 feet toward meeting the standard target.January 2014 Oregon Forest Practice s Act 54 DIVISION 645

WATER PROTECTION RULES: RIPARIAN MANAGEMENT AREAS

AND PROTECTION MEASURES FOR SIGNIFICANT WETLANDS

629

- 645

- 0000 Riparian Management Areas and Protection Measures for Significant Wetlands (1) (a) The purpose of these rules is to protect the functions and values of significant wetlands, including

wetland s larger than eight acres, estuaries, bogs and important springs in eastern Oregon on

forestlands. (b) Significant wetlands on forestlands provide a wide range of functions and values, including those related to water quality, hydrologic function, fish a nd other aquatic organisms, and wildlife. (c) Estuaries are unique systems because they form transitions between terrestrial, marine, and freshwater environments. Because of this link, estuarine systems are among the most biologically productive in the w orld. Estuaries support many resident species. Estuaries also provide food, spawning area, and shelter for numerous other species at critical points in their life cycles. Removal of shoreline trees reduces the overall productivity of the estuary by reducin g leaf and litter fall, thus depriving the estuary of substrate, and by removing feeding and resting habitat for

birds and small mammals. (d) Bog communities are a result of specific hydrologic, soil, and nutrient conditions. Bogs are usually
saturated, low in nutrients, and highly acidic. Changes in runoff, sediment loading, and nutrient loading can alter the plant community composition. The peat soils have evolved over time. Compaction damages plant communities and may encourage the invasion of exotic s pecies. Harvesting may disrupt shade tolerant vegetation, alter plant community characteristics, and hasten succession. Compaction, saturated conditions, and poor nutrient status make

reforestation difficult. (e) In arid parts of eastern Oregon, springs provide a critical source of water. These important springs have established wetland vegetation, flow year round in most years, and are used by a concentration of diverse animal species. By reason of sparse occurrence, important springs have a major influe nce on the distribution and abundance of upland species. Important springs shall be identified by the State Forester. (2) (a) The goals of significant wetland protection are to maintain the functions and values of significant

wetlands on forestlands over time, and to ensure that forest practices do not lead to resource site destruction or reduced productivity, while at the same time ensuring the continuous growth and harvest of forest tree species. To accomplish these goals, the rules focus on the protect ion of soil, hydrologic functions, and specified levels of vegetation. (b) The intent of the rules is to minimize soil disturbance and to minimize disturbance to the natural drainage patterns of the significant wetland. (c) Vegetation retention (includ ing understory vegetation, snags, downed wood, and live trees) is needed to prevent erosion and sedimentation into the significant wetland, minimize soil disturbance and hydrologic changes, and to maintain components of the vegetation structure to provide for other benefits, particularly fish and wildlife values. (3) Significant wetlands other than estuaries, bogs or important springs in eastern Oregon shall have riparian management areas extending 100 feet from the wetlands. When an operation is proposed within 300 feet of an estuary or within 100 feet of a wetland la rger than eight acres (non estuary), bog or important spring in eastern Oregon, the resource site evaluation process in OAR 629

- 665

- 0020 shall be followed by the landowner, operator or timber owner. If the proposed operation conflicts with the significant wetland, the operator shall submit a written plan to the State Forester before starting operations. The written plan shall comply with the requirements of 629

- 605

- 0170, Written Plans. (4) For all significant wetlands, operators shall provide the followin g to the wetlands and riparian
management areas: (a) Live tree retention (OAR 629

- 645

- 0010); (b) Soil and hydrologic function protection (OAR 629

- 645

- 0030); (c) Understory vegetation retention (OAR 629

- 645

- 0040); and (d) Snag and down wood retentio n (OAR 629

- 645

- 0050). (5) For forested significant wetlands, written plans must address reforestation. (6) When an operation is proposed within 300 feet of an estuary, bog or important spring in eastern Oregon,

the State Forester shall determine the ri parian management area during the resource site inspection required by OAR 629

- 665

- 0020. Riparian management areas shall extend outward 100 to 200 feet from the estuary, 50 to 100 feet from the bog, or 50 to 100 feet from the important spring in eastern Or egon. The distance determination of the State Forester shall depend on:January 2014 Oregon Forest Practice s Act 55

(a) Stocking level of the timber stand adjacent to the estuary, bog or spring; (b) Ability of the area to withstand windthrow; (c) Size of the estuary, bog or spring. As the size increases, the size of the riparian management area shall increase; and (d) For bogs and springs only, topography and erodibility of adjacent uplands.

629

- 645

- 0010 Live Tree Retention for Significant Wetlands (1) In significant wetlands and their riparian management areas, operators shall retain approximately 50 percent of the original live trees, by species, in each of the following diameter classes (DBH): (a) 6 to 10 inches; (b) 11 to 20 inches; (c) 21 to 30 inches; and (d) larger than 30 inc hes. (2) As part of the live trees in subsection(1) above, operators shall retain trees bordering significant wetlands. (3) For estuaries and the adjacent riparian management areas, operators shall protect live trees that are: (a) Perch and nest trees for predatory birds and colonial nesting birds; (b) Likely to provide for future large woody debris to the estuaries' perimeters; and (c) Contributing to bank stability.

629

- 645

- 0020

Site

- Specific Vegetation Retention Prescriptions for Significant Wetla nds (1) Operators are encouraged to develop site specific vegetation retention prescriptions for significant wetlands in a plan for an alternate practice. (2) The functions and values of forested wetlands vary with species composition, stocking levels, and geographic location. Operators are encouraged to propose site specific vegetation retention prescriptions in a plan for an alternate practice that allow for changes to the live tree requirements in OAR 629

- 645

- 0010 and that provide equal or better prot ection of the functions and values of forested significant

wetlands and forested stream

- associated wetlands, and address operational concerns.

629

- 645

- 0030 Soil and Hydrologic Function Protection for Significant Wetlands (1) In significant wetlands an d their riparian management areas, operators shall protect soil from disturbances that result in impaired water quality, hydrologic functions, or soil productivity. Operators shall protect hydrologic functions by minimizing disturbances and shall prevent a ccelerating the natural conversion of the wetland to uplands. (2) The written plan required under OAR 629

- 605

- 0170 shall describe how the operation will be conducted to prevent adverse effects on water quality, hydrologic functions or soil productivity. The following practices shall be addressed in written plans when they are proposed in significant wetlands: (a) Filling within wetlands; (b) Machine activity within wetlands; and (c) Road construction within wetlands. (3) Operators shall not drain significant wetlands. (4) Notwithstanding subsection (3) of this rule, minor drainage for reforestation is allow ed. Any drainage for reforestation must be designed so the significant wetland is not converted to an upland.

629

- 645

- 0040 Understory Vegetation Retention for Significant Wetlands (1) The purpose of retaining understory vegetation is to provide soil st ability and bank stability in and along significant wetlands, to maintain cover and shade for wildlife habitat and aquatic habitat, and to protect water quality. (2) To achieve the purpose of understory retention, the operator shall limit disturbance of understory vegetation within significant wetlands and their riparian management areas to the minimum necessary to

remove timber harvested from the area and achieve successful reforestation. (3) The written plan required in OAR 629

- 605

- 0170 for operations within 300 feet of estuaries and 100 feet of wetlands larger than eight acres (non

- estuaries), bogs and important springs in eastern Oregon shall describe how disturbance to the understory vegetation will be minimized during harvest or site preparation for reforestation.January 2014 Oregon Forest Practice s Act 56

629

- 645

- 0050 Snag and Downed Wood Retention for Significant Wetlands (1) For significant wetlands, operators shall retain all snags and downed trees within the wetlands and the applicable riparian management areas. (2) N otwithstanding subsection (1) of this rule, any snag defined to be a safety hazard under the safety requirements found in OAR 437, D ivision 7, Forest Activities, or determined to be a fire hazard by the State Forester, may be felled. Any snag felled becaus e of a safety or fire hazard shall be left unyarded. (3) The retention requirements in subsection (1) of this rule may be modified for reasons of forest health for trees that are dying or recently dead because of fire, insect or disease epidemics, or oth er catastrophic events when addressed in a plan for an alternate practice approved by the State Forester. (4) Snags and downed wood left pursuant to subsection (1) of this rule may not be counted toward the requirements of ORS 527.676.

DIVISION 650

WATER PROTECTION RULES: RIPARIAN MANAGEMENT AREAS AND PROTECTION MEASURES FOR

LAKES

629

- 650

- 0000 Riparian Management Areas and Protection Measures for Lakes (1) The purpose of this rule is to protect the functions and values of lakes. Lakes on forestla nds provide a wide range of functions and values, including those related to water quality, hydrologic functions, aquatic organisms, fish and wildlife. (2) Operators shall protect riparian management areas extending: (a) 100 feet from the high water le vel of large lakes; and (b) 50 feet from the high water level of other lakes that have fish use or other lakes that are equal to or greater than one

- half acre in size. (c) No riparian management area is required for other lakes that do not have fish an d that are less

than one

- half acre. (3) For all lakes with riparian management areas, operators shall provide the following to the riparian management areas and the aquatic areas: (a) Live tree retention (OAR 629

- 650

- 0010); (b) Soil and hydrologic function protection (OAR 629

- 650

- 0020); (c) Understory vegetation retention (OAR 629

- 650

- 0030); and (d) Snag and down wood retention (OAR 629

- 650

- 0040). (4) For all lakes not having riparian management areas, the lakes shall be pr otected as other wetlands (OAR

629

- 655

- 0000).

629

- 650

- 0005 Written Plans for Operations Near Large Lakes An operator shall submit a written plan to the State Forester before conducting an operation that requires

notification under OAR 629

- 605

- 0140 and that is within 100 feet of a large lake.

629

- 650

- 0010

Live Tree Retention for Lakes (1) Operators shall retain in the riparian management areas of lakes approximately 50 percent of the original live trees, by species, in each of the following diameter classes (DBH): (a) 6 to 10 inches; (b) 11 to 20 inches; (c) 21 to 30 inches; and (d) larger than 30 inches. (2) As part of the live trees in subsection(1) above, trees on the edge of lakes shall be retained.

629

- 650

- 0020 Soil and Hydrologic Function Protection for Lakes (1) Operators shall protect soil within the riparian management areas of lakes from disturbances that result in impaired water quality, hydrologic functions, or soil productivity. Operators shall protect hydrologicJanuary 2014 Oregon Forest Practice s Act 57

functions by minim izing disturbances and shall prevent accelerating the natural conversions of lakes to uplands. (2) Operators shall not drain lakes except for lakes formed by plugged culverts or beaver dams and as

allowed in rule for road maintenance.

629

- 650

- 0030 Understory Vegetation Retention for Lakes (1) The purpose of retaining understory vegetation is to provide soil stability and bank stability along lakes, to maintain cover and shade for wildlife habitat and aquatic habitat, and to protect water quality. ( 2) To achieve the purpose of understory retention, operators shall limit disturbance of understory vegetation within riparian management areas of lakes to the minimum necessary to remove timber harvested from

the areas and to achieve successful reforestat ion.

629

- 650

- 0040 Snag Retention and Downed Wood Retention for Lakes (1) For lakes, operators shall retain all snags and downed trees within the lakes and the applicable riparian
management areas. (2) Notwithstanding subsection (1) of this rule, any snag defined to be a safety hazard under the safety requirements found in OAR 437, D ivision 7, Forest Activities, or determined to be a fire hazard by the State Forester, may be felled. Any snag felled becau se of a safety or fire hazard shall be unyarded. (3) The retention requirements in subsection (1) of this rule may be modified for reasons of forest health for trees that are dying or recently dead because of fire, insect or disease epidemics, or other c atastrophic events when addressed in a plan for an alternate practice approved by the State Forester. (4) Snags and downed wood left pursuant to this rule may not be counted toward the requirements of ORS

527.676.

DIVISION 655

WATER PROTECTION RULES: PROTECTION MEASURES FOR "OTHER WETLANDS",

SEEPS AND SPRINGS

629

- 655

- 0000 Protection Measures for "Other Wetlands," Seeps and Springs (1) There is no riparian management area for other wetlands, seeps and springs. (2) When operating in or along other wetlands greater than one

- quarter acre, the operator shall: (a) Protect soil and understory vegetation from disturbance that results in reduced water quality, hydrologic function or soil productivity. Operators shall protect hydrologic functions by minim izing disturbances to soils during forest operations and shall prevent accelerating the natural conversions of wetlands to uplands; (b) Leave snags and downed trees in the wetlands, except for any snags determined by the State Forester to be fire hazards, or any snags that must be felled to achieve compliance with the safety requirements found in OAR 437, D ivision 7, Forest Activities. (A) Any snags felled because of safety or fire hazards shall be left unyarded. (B) Snags and downed wood left within oth er wetlands, seeps or springs may apply toward the requirements of ORS 527.676. (3) When conducting operations along other wetlands less than one

- quarter acre, springs or seeps, operators shall protect soil and vegetation from disturbances which would cau se adverse effects on water quality, hydrologic function, and wildlife and aquatic habitat. (4) Identification of other wetlands is sometimes difficult, especially when the wetland has no standing water. This is particularly true when the other wetland is forested or very small. In recognition of these facts, the State Forester shall apply appropriate discretion when determining compliance with this rule. (5) Operators are encouraged to: (a) Retain portions of in

- unit live green trees and snags as blocks of intact vegetation around other
wetlands; and (b) For other wetlands that are forested, adequately consider how reforestation will be accomplished.January 2014 Oregon Forest Practice s Act 58 DIVISION 660

WATER PROTECTION RULES: SPECIFIC RULES FOR OPERATIONS NEAR WATERS OF THE STATE

629

- 660

- 0040 Stream Channel Changes (1) Operators shall not channelize, relocate, or divert water from any stream, except as allowed in the forest practice rules for construction of roads, stream improvement projects or temporary stream crossings. (2) Operators shall not add to or remove soil or rock from any streams, except as allowed in the forest practice rules for construction of roads, stream improvement projects or temporary stream crossings.

629

- 660

- 0050

Beaver Dams or Other Natural Obstructio ns (1) Except as needed for road maintenance, operators must submit a written plan to the State Forester prior to the removal of beaver dams and other natural obstructions from waters of the state during forest operations. Removal of any beaver dam that is within 25 feet of a culvert shall be considered to be

needed for road maintenance. (2) A written plan for removal of a beaver dam or obstruction must demonstrate: (a) A beaver dam or obstruction threatens existing forests or plantations; (b) Beaver dam removal is part of a beaver population control program approved by the Oregon Department of Fish and Wildlife; or (c) Retaining the beaver dam or obstruction would result in greater environmental harm than benefit. (3) Sediment releases and d ownstream channel scouring can occur when beaver dams are removed. Operators are encouraged to use techniques that result in a gradual release of water when a dam is

removed.

629

- 660

- 0060 Headwater Amphibian Species Amphibians that are sensitive to tempe rature and moisture fluctuations may live in small Type N streams. Operators are encouraged to retain portions of in

- unit green live trees and snags as blocks of intact vegetation along small Type N streams.

DIVISION 665

SPECIFIED RESOURCE SITE PROTECTIO N RULES

629

- 665

- 0000 Purpose (1) OAR 629

- 665

- 0000 to 0300 shall be known as the specified resource site protection rules. (2) These rules provide a protection goal, describe the duties of the State Forester, landowner, timber owner and operator, and out line protection for: (a) Sensitive Bird Nesting, Roosting and Watering Resource Sites (OAR 629

- 665

- 0100); (b) Threatened and Endangered Fish and Wildlife Species that use Resource Sites on Forestlands (OAR 629

- 665

- 0200); (c) Biological Sites that are Ecologically and Scientifically Significant (OAR 629

- 665

- 0300); and (d) Significant Wetlands on Forestlands (OAR Chapter 629, Division 645).

629

- 665

- 0010

Protection Goal for a Resource Site (1) The goal of resource site protection is to ensure that forest practices do not lead to resource site destruction, abandonment or reduced productivity. (2) A resource site shall receive protection when the State Forester determines: (a) It is an active resource site; and (b) Proposed forest practices conflic t with the resource site. (3) The State Forester may grant an exception from either structural or temporal protection as determined by the Board for each species or resource site.January 2014 Oregon Forest Practice s Act 59

629

- 665

- 0020 Application of Protection and Exception Rules; State For ester Duties; Landowner, Timber Owner and Operator Duties (1) When a landowner, timber owner or operator proposes an operation near a resource site that requires special protection, the State Forester shall inspect the resource site with the landowner or landowner's representative, the operator and when available, the appropriate representative of the Department of Fish

and Wildlife. The State Forester shall: (a) Identify the resource site. (b) Apply the protection goal in OAR 629

- 665

- 0010. (A) If the proposed forest practices do not conflict with the resource site, the operation will not be subject to the protection requirements for the resource site. The operation shall be conducted in compliance with all other existing forest practice rules; (B) If the proposed forest practices conflict with the resource site, the structural and temporal protection requirements for the resource site shall be required to eliminate the conflict; (C) When the proposed forest practices conflict with a resource site, t he landowner or operator may request a structural or temporal exception through a plan for an alternate practice, if the applicable administrative rule provides for such an exception. (D) The State Forester shall document and maintain on file the reasons for granting or denying all exceptions. (2) If the proposed operation conflicts with the resource site, the operator shall submit a written plan to the State Forester before starting operations. The written plan shall comply with the requirements of OAR

629

- 605

- 0170, Written Plans. (3) When the written plan in subsection (2) of this rule does not follow the written recommendations of the Department of Fish and Wildlife or other responsible coordinating state agency, the State Forester shall

maintain on file a written explanation of the reasons for: (a) Differences in the identification of the resource site; and (b) Different protection levels required for the resource site. (4) When a resource site is discovered by the operator, timber owner or la ndowner during a forest operation, the party making the discovery shall: (a) Immediately protect all remaining trees within 300 feet of the resource site and submit to the State Forester a written plan for the resource site; and (b) Immediately notify t he State Forester.

629

- 665

- 0100 Species Using Sensitive Bird Nesting, Roosting and Watering Sites The following species use sensitive bird nesting, roosting and watering resource sites: (1) Osprey use sensitive bird nesting sites. (2) Great blue herons use sensitive bird nesting sites.

629

- 665

- 0110 Osprey Resource Sites; Key Components; Protection Requirements; Exceptions (1) For osprey, the resource site is the active nest tree and any identified key components. (a) An active nest tree is one that has been used by osprey within the past five (5) nesting seasons. No protection is required for abandoned resource sites. (b) The key components associated with an osprey resource site are perching and fledging trees and

r eplacement trees. Factors to consider when identifying key components: (A) Actual observation data if available; (B) Perching trees should provide for maximum visibility of the surrounding terrain and structure that allows the osprey easy access, such as large, tall snags or trees that have broken or dead tops, forks, or lateral branches high in the crown; (C) Replacement trees should provide maximum visibility of the surrounding terrain, and be large enough to support an osprey nest; (D) Perching a nd fledging trees and replacement trees should be located within 600 feet of
the active nest tree; (E) Areas of high winds may require that additional trees be retained to protect the resource site from damage. (2) When the State Forester identifies th e resource site as per OAR 629

- 665

- 0020, the operator shall provide the following protection measures: (a) Retain the active nest tree; andJanuary 2014 Oregon Forest Practice s Act 60

(b) Retain no fewer than eight additional trees as key components (i.e.: perching, fledging and replacement tree s). (c) During forest operations, the resource site shall be protected from damage. The operation shall be designed to protect these trees from windthrow; (d) During the critical period of use, the active nest tree and any perch tree identified as a ke y component shall be protected from disturbance. From March 1st through September 15th, forest operations shall not be permitted within 600 feet of the active nest tree or perch tree unless the State Forester determines that the operations will not cause t he birds to flush from these trees. The critical period of use may be modified in writing by the State Forester as the resource site is evaluated as per OAR 629

- 665

- 0020. (3) The State Forester shall not permit structural exceptions for the resource site : Removal of a resource site may be permitted if replacement nest trees, artificial structures, or replacement key components are provided by the operator or landowner. Replacement is not considered an exception, since the productivity of the nesting terri tory is maintained. When addressed in a plan for an alternate practice, replacement may be considered by the State Forester when: (a) Alternate forest practices which retain and protect the resource site are not economically feasible;

and (b) The productivity of the nesting territory is not reduced. (4) Temporal exceptions for the resource site may be approved by the State Forester when addressed in a plan for an alternate practice that demonstrates: (a) Nest disruption or failure for a sea son does not affect the local population; and (b) There are no economically feasible forest practices that avoid disturbance to the resource site during the critical period of use. (5) Factors considered by the State Forester before approving a plan fo r an alternate practice under section (4) of this rule shall include, but are not limited to: (a) The size of the local population; (b) The contribution of the resource site in question to the local population; and (c) The feasibility of alternate fo rest practices that do not cause disturbance. (6) The State Forester shall document all requests and decisions concerning structural or temporal exceptions. All approved structural replacements shall be documented.

629

- 665

- 0120

Great Blue Heron Resource Sites; Key Components; Protection Requirements; Exceptions (1) For the great blue heron, the resource site is the active nest tree(s) and any identified key components. (a) An active nest tree is one that has been used by one or more pair of gre at blue heron within the past three nesting seasons. No protection is required for an abandoned resource site. (b) The key components associated with a great blue heron resource site are the nest tree(s), a vegetative buffer around the nest tree(s) inclu ding perching and fledging trees, and replacement tree(s). Factors to consider when identifying key components: (A) Actual observation data when available; (B) Perching, fledging, and replacement tree(s) should be tall with plenty of space for these large birds to fly into and out. Older trees with open branching should be retained; (C) Areas of high winds may require that additional trees be retained to protec t the active nest tree and identified key components from damage. (2) The operator shall provide the following protection measures when operating within or near a great blue

heron resource site: (a) Retain the active nest tree; (b) Retain a vegetative buffer not less than 300 feet around the outermost nest trees as key components that includes perching and fledging trees, and replacement trees. (c) The vegetative buffer around a rookery may be actively managed if the key components in subsection (1) a re protected. When conducting forest management activities within this buffer, operators shall consider heron protection as the highest priority. The vegetative buffer needs to provide a visual screen from disturbing influences around the rookery, and must be designed to protect the nest tree(s), perching, fledging, and replacement tree(s) from windthrow. Examples of forest management activities that may occur within the vegetative buffer include tree topping, and/or other methods of "feathering" the outer edges of the buffer to reduce windthrow potential, or remove individual trees (especially along the edge of the buffer) if the integrity of the buffer is maintained and all the key components are adequately protected. Input from the ODFW wildlifeJanuary 2014 Oregon Forest Practice s Act 61 biologist and ODF's fish and wildlife specialist is important when marking trees to be removed

from this buffer. (d) During and after forest operations, the resource site shall be protected from damage. The operation shall be designed to protect the key component s from windthrow; (e) During the critical period of use, operations shall be designed and conducted so as not to disturb great blue herons using the key components. From February 15 through July 31, forest operations shall not be permitted within one

- qua rter (1/4) mile of the active nest tree(s) unless the State Forester determines that the operations will not cause the birds to flush from these trees. The critical period of use may be modified by the State Forester after the resource site is

evaluated fo llowing OAR 629

- 665

- 0020. (3) Structural exceptions for the resource site may be approved by the State Forester when addressed in a plan for an alternate practice. The State Forester may approve such a plan when these criteria are met: (a) The site con tains five nests or fewer; (b) The State Forester determines that the loss of the site will not adversely affect the local population; and (c) There are no economically feasible alternatives that maintain the key components. (4) Factors considered by the State Forester before approving a structural exception to protection of a great
blue heron resource site shall include, but are not limited to: (a) The size of the site (number of nests); (b) The size of the breeding population in the local area; (c) The productivity of great blue herons in the local area; (d) The contribution of the site to local productivity; (e) The probability that protection measures will be successful; (f) Available alternate nesting sites; and (g) Whether alternatives that protect the site are economically feasible. (5) Temporal exceptions to protection of a great blue heron resource site may be approved by the State Forester when addressed in a plan for an alternate practice. The State Forester m ay approve such a plan

when: (a) The State Forester determines that nest disruption or failure for a season or site abandonment will not adversely affect the local population; and (b) There are no economically feasible alternatives that will not distur b the birds during the critical period of use. (6) Factors considered by the State Forester before approving a temporal exception shall include, but are not

limited to: (a) The size of the site (number of nests); (b) The size of the breeding populati on in the local area; (c) The productivity of great blue herons in the local area; (d) The contribution of the site to local productivity; and (e) Whether alternatives that protect the site are economically feasible.

629

- 665

- 0200 Resource Sites Used By Threatened and Endangered Species The following resource sites used by threatened or enda n gered species are sensitive to forest practices: (1) Northern spotted owl nesting sites. (2) Bald eagle nesting sites. (3) Bald eagle roost ing sites. (4) Bald eagle foraging perches.

629

- 665

- 0210 Interim Requirements for Northern Spotted Owl Nesting Sites (1) Whenever the State Forester determines that an operation will conflict with protection of a nesting site of the northern spotted owl (Strix occidentalis caurina), the operator must submit to the State Forester a written plan before commencing the operation. The written plan, at a minimum, must address how the operation will be conducted to provide for the following: (a) A 70 acre area of suitable spotted owl habitat encompassing the nest site, to be maintained as suitable spotted owl habitat; (b) Prevention of disturbances resulting from operation activities which cause owls to flush from the nesting site. Such disturbances must be prevented during the critical period of use for nesting. The critical period of use is the time period between March 1 and September 30, each year.January 2014 Oregon Forest Practice s Act 62

(2) For the purposes of this rule, nesting site means and includes the tree, when known, containing a s potted owl nest; or when not specifically known, includes an activity center of a pair of adult spotted owls. An activity center is a location determined by the State Forester to have been reliably identified as being occupied by an adult pair of spotted o wls, capable of breeding. Such determination must be supported by repeated observation of the owls in close proximity or observation of nesting behavior. (3) (a) For the purposes of this rule, suitable spotted owl habitat means and includes:

(A) A stan d of trees with moderate to high canopy closure (60 to 80%); a multi

- layered, multi

species canopy dominated by large overstory trees (greater than 30 inches in diameter at breast height); a high incidence of large trees with various deformities (e.g., lar ge cavities, broken tops, and other evidence of decadence); numerous large snags; large accumulations of fallen trees and other woody debris on the ground; and sufficient open space below the canopy for owls to fly; or (B) In the absence of habitat which exhibits all the characteristics listed above, the available forested habitat which comes closest to approximating the listed conditions. (b) Stands which do not exhibit at least two of the characteristics listed in paragraph (a)(A) of this

section are not suitable habitat. (4) (For information only) Federal law prohibits a person from taking northern spotted owls. Taking under the federal law may include significant alteration of owl habitat on any class of land ownership. Compliance with subsection ( 1) of this rule is not in lieu of compliance with any federal requirements related to the federal Endangered Species Act. (5) Exceptions to the requirements for protecting northern spotted owl nesting sites are allowed if the operator is in compliance wi th, and has on file with the State Forester, an applicable incidental take permit issued by federal authorities under the Endangered Species Act.

629

- 665

- 0220 Bald Eagle Nesting Sites; Key Components; Protection Requirements; Exceptions (1) For bald eagle nesting sites, the resource site is the active nest tree and all identified key components: (a) An active nest tree is one in which a bald eagle has nested in the past, and that the State Forester determines to be structurally capable of s uccessful future use, whether or not the tree

still contains a nest. (b) An active nest tree may fall down or may become structurally incapable of supporting a bald eagle nest site. When this happens the nest resource site shall be considered active and shall be protected for an additional five (5) years only if the site contains suitable nesting sites. In this case, if a nesting resource site is not used during this five

- year period, the site shall be considered abandoned and no protection will be requir ed. (c) The key components associated with a bald eagle nesting site are perching and fledging trees, replacement nest trees, and a forested buffer around the nest tree. Factors to consider when identifying key components: (A) Actual observation data w hen available. (B) Perching and fledging trees should be tall enough to provide maximum visibility of the surrounding area. Perching and fledging trees are often snags or decadent live trees with exposed, strong, lateral branches high in the crown. (C) Replacement nest trees should provide maximum visibility of the surrounding terrain, and be large enough to support a bald eagle nest. Bald eagles prefer to nest in large, tall trees that are alive, with large limbs, broken tops, or irregular growth patte rns with open

structure. (D) Areas of high winds may require that additional trees be retained to protect the active nest tree(s) and identified key components from damage. (2) The operator shall provide the following protection measures when operating within or near a bald eagle nesting site: (a) During and after forest operations, the resource site shall be protected from damage. The operation shall be designed to protect the trees from windthrow; (b) Retain the active nest tree. (c) Retain a fo rested buffer not less than 330 feet around the active nest tree as a key component that includes perching, fledging, and replacement tree(s). (d) During the critical period of use, operations shall be designed and conducted to not disturb bald eagles us ing the resource site: (A) Except as provided in paragraph (B) of this subsection, during the critical period of use, operations shall not be permitted within one

- quarter (1/4) mile of the active nest tree orJanuary 2014 Oregon Forest Practice s Act 63 perch trees. If the eagles have line

- of

- sight vision from these trees to the operation, the

distance is one

- half (1/2) mile. (B) If the State Forester determines through review of the written plan that the operations will not cause the birds to flush from the trees identified in paragraph (A) of th is section, then there is no conflict and the distance restrictions in paragraph (A) of this section may be

modified. (C) The critical period of use is January 1 through August 31. The specific critical period of use for individual nesting resource sites may be modified in writing by the State Forester depending upon the actual dates that bald eagles are present at the resource site and are susceptible to disturbance. (3) Structural or temporal exceptions for the resource site are allowed if the operator is in compliance with, and has on file with the State Forester, an applicable incidental take permit issued by federal authorities under the Endangered Species Act.

629

- 6 65

- 0230 Bald Eagle Roosting Sites; Key Components; Protection Requirements; and Exceptions (1) For bald eagle roosting sites, the resource site is the active roost trees, probable roost trees as identified by the State Forester, and all identified key c omponents: (a) An active roosting site is one that has been used within the past 5 years for roosting by bald eagles. No protection is required for an abandoned bald eagle roosting site. (b) The key components associated with a bald eagle roosting site are staging trees, probable roost trees as identified by the State Forester, and a forested buffer around the roost trees. Factors to consider when identifying key components: (A) Actual obser vation data when available. (B) Roost sites frequently occur in mature forests. Roost trees are often significantly larger

than the rest of the stand. (C) Staging trees are often large, dead

- top or dominant trees or snags where one or more eagles can p erch and have direct access to the roosting site. (D) The surrounding forested buffer must be adequate to maintain a suitable microclimate

around the roost trees. (E) Areas of high winds may require that additional trees be retained to protect the acti ve roost tree(s) and identified key components from damage. (2) The operator shall provide the following protection measures when operating within or near a bald eagle roosting site: (a) During and after forest operations, the resource site shall be re tained and protected from damage. The operation shall be designed to protect the trees from windthrow. (b) Retain the active roost tree(s )

. (c) Retain a forested buffer not less than 300 feet around the outermost active roost trees as a key component that includes probable roost trees. (d) Retain staging trees

. (e) During the critical period of use, operations shall be designed and conducted to not disturb bald eagles using the resource site: (A) Except as provided in paragraph (B) of this subsection, during the critical period of use, operations shall not be permi tted within one

- quarter (1/4) mile of the active roost trees. If the eagles have line

- of

- sight vision from these trees to the operation, the distance is one

half (1/2) mile. (B) If the State Forester determines through review of the written plan that the operations will not cause the birds to flush from trees identified in paragraph (A) of this subsection, then there is no conflict and the distance restrictions in paragraph (A) of this subsection may

be modified. (C) The critical period of use for bald eagle roosting sites in the Klamath Basin is October 31 through March 31. In other areas of Oregon the critical period of use is November 15 through March 15. The specific critical period of use for individual roosting resource sites may be modified in wri ting by the State Forester depending upon the actual dates that bald eagles are present at the resource site and are susceptible to disturbance. (3) Structural or temporal exceptions for the resource site are allowed if the operator is in compliance with

, and has on file with the State Forester, an applicable incidental take permit issued by federal authorities under the Endangered Species Act.January 2014 Oregon Forest Practice s Act 64

629

- 665

- 0240 Bald Eagle Foraging Perches; Key Components; Protection Requirements; and Exceptions (1) For ba ld eagle foraging perches, the resource site is the active foraging perch. An active foraging perch is one that is habitually used by eagles as a vantage point while hunting. No protection is required for abandoned bald eagle foraging perches. The presence or absence of foraging perches within or near a foraging area shall be determined by the State Forester when the forester conducts an operation inspection. Factors to consider when identifying key components: (a) Actual observation data when available. (b) Bald eagles usually perch in the tallest trees on the edge of forest stands overlooking the hunting area. Snags and dead

- top trees are often used. (c) Areas of high winds may require that additional trees be retained to protect the active foraging

p erch from damage. (2) The operator shall provide the following protection measures when operating near a bald eagle foraging perch: (a) During and after forest operations, the foraging perch shall be retained and protected from damage. The operation sh all be designed to protect the foraging perch from windthrow. (b) During the critical period of use, operations shall be designed and conducted so they do not cause excessive disturbance to bald eagles using the foraging area. The critical period of use shall be determined on a site specific basis. The critical period of use varies for each bald eagle foraging area, depending on whether the foraging area is used by nesting, wintering, or migrating bald eagles. (3) Temporal exceptions for the entire fora ging areas shall not be permitted by the State Forester. Temporal protection is determined by evaluating the potential disturbance to the entire foraging area used by a breeding pair or wintering population of bald eagles. Disturbance at a single foraging perch in a foraging area may be determined by the State Forester to not cause a conflict. This evaluation shall be based on the number of alternative foraging perches in the bald eagle foraging area. (4) Structural exceptions for an active foraging perch may be permitted if the State Forester determines that adequate replacement foraging perches will remain in the vicinity after completion of the forest operation.

DIVISION 670

FOREST PRACTICES ADMINISTRATION

Civil Penalties

629

- 670

- 0000 Purpose

OAR 629

- 670

- 0000 through 629

- 670

- 0350 shall be known as the Oregon Forest Practices Act Enforcement and Civil Penalty Rules. These rules direct the State Forester to take fair and uniform enforcement action when there is a violation of the Oregon Forest Pr actices Act. OAR 629

- 670

- 0300 and 629

- 670

- 0310 provide an outline of contested case hearings procedures, with specific contested case rules in OAR C hapter 629, D ivision 1 and OAR

C hapter 137, D ivision 3.

629

- 670

- 0010

Definitions

As used in OAR C hapter 62 9, D ivisions 670 through 680: (1) " Board " means the State Board of Forestry. (2) " Damage " means an adverse disturbance to a resource protected by the Oregon Forest Practices Act that cannot be immediately stabilized and corrected, resulting from a forest practice that is not in compliance with the Oregon Forest Practices Act or the forest pra ctice rules. (3) " Forest practice rule " means any rule regulating operations under the Oregon Forest Practices Act, as

found in OAR C hapter 629, D ivisions 600 through 680. (4) " Operation " means any commercial activity relating to the establishment, man agement 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 p lanting;January 2014 Oregon Forest Practice s Act 65 (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 ferti lization, 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. (5) " Operator " means any person, in cluding a landowner or timber owner, who conducts an operation. (6) " Plan for an Alternate Practice " means a document prepared by the landowner, operator or timber owner, submitted for approval in writing by the State Forester describing practices differ ent than those prescribed in statute or administrative rule. (7) " State Forester " means the State Forester or the duly authorized representative of the State Forester. (8) " Timely corrective action " means action to be taken by the operator within a spe cified time to prevent or reverse the damage potentially caused by an unsatisfactory condition. (9) " Unsatisfactory condition " means the circumstance which exists when an operator or landowner fails to comply with a practice specified in a forest practic e rule or statute listed in ORS 527.990(1) or 527.992 and the State Forester determines that all of the following conditions exist: (a) The forest practice rule or statute applies to the type of operation conducted; (b) The practice is necessary to mee t the purpose of the statute or rule; and (c) The operator has not been exempted from the rule or statute by obtaining approval for, or having obtained approval has not followed, a plan for an alternate practice as prescribed by OAR 629

- 605

- 0100. (10) " Violation " means the circumstances which exist any time one or more of the following occurs: (a) An operator fails to comply with any provision of ORS 527.670(6) or (7) requiring notification to the State Forester before commencing an operation. (b) An unsatisfactory condition exists, and: (A) Damage has resulted; or (B) The State Forester has determined that it is not feasible for the operator, by timely corrective action, to eliminate the consequences of the unsatisfactory condition; or (C) A written statement of unsatisfactory condition has been issued to the operator, the deadline for action has passed and appropriate action has not been taken by the
operator. (c) The operator has failed to follow a procedural practice required in statute or rule including, but not limited to, failure to submit a required written plan. (d) An operator has failed to comply with any term or condition of any order of the State Forest er issued in accordance with ORS 527.680. (11) " Written statement of unsatisfactory condition " means a written statement issued by the State Forester to a landowner or an operator that describes the nature of an unsatisfactory condition and that specifie s the corrective action to be taken within a definite time limit.

629

- 670

- 0015 Enforcement Policy Effective administration of the Oregon Forest Practices Act and forest practice rules is a balance of technical design, education and enforcement. The fore st practice rules require compliance with a practice specified in a rule unless a plan for an alternate practice has been approved in writing by the State Forester. However, it is very difficult to write rules which deal with every conceivable situation an d unlikely that the State Forester can monitor every forest operation in Oregon. The board recognizes that it is appropriate that the State Forester exercises judgment in not enforcing compliance with practices in a rule where the practice is clearly not n ecessary toJanuary 2014 Oregon Forest Practice s Act 66

accomplish the purpose of the rule. At the same time, without written approval for an alternate practice, such a recognition by the board shall not be a defense for an operator who has not complied with a practice.

629

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- 0100 Inspections; Compliance Determination (1) The State Forester shall conduct investigations of reported Oregon Forest Practices Act violations and make preventative and compliance inspections on forest operations subject to the Oregon Forest

Practices Act. (2) When in specting operations, the State Forester shall examine practices used by the operator to assess compliance with the applicable forest practice rules and plans for an alternate practice. The State Forester may make recommendations that would help the operato r avoid an unsatisfactory condition. (3) When the State Forester determines that an unsatisfactory condition or a violation exists, enforcement action shall be initiated by the State Forester.

629

- 670

- 0105 The Concept of Damage (1) Understanding the c oncept of damage is important when an unsatisfactory condition results in damage, or if there is the potential for damage to occur. (2) Damage, as defined in OAR 629

- 670

- 0010(2), can be characterized as an adverse disturbance of air quality, water quality , soil productivity, aquatic habitat, wildlife habitat, or visually sensitive corridors under

ORS 527.755. (3) The concept of damage under the Oregon Forest Practices Act does not apply to damages to improvements such as dwellings, barns, pastures, fences , water intake structures, or agricultural crops. (4) Damage to natural resources is a difficult concept to quantify because of the changes that naturally occur

with or without human involvement. (5) The State Forester shall determine damage based on the degree of disturbance to the natural condition over time and space, while considering the relative importance of the particular protected resource, recognizing: (a) There is a level of natural disturbance which is both acceptable and unavoidable, such as a certain amount of erosion from naturally exposed soils; (b) There is a level of disturbance which should be considered to be reasonable and necessary as a result of accepted management practices, such as disturbance to soils and vegetation during

road construction conducted in compliance with the forest practice rules; and (c) There are many possible levels of disturbance that may result from a failure to comply with the rules. Disturbance may sometimes be very limited in extent and can be immediately stabilized and corrected. Examples include temporary water turbidity from a road ditch or a minor slash deposit in a Type F stream. (6) Resource damage does not exist when the State Forester determines: (a) Disturbance is at or below the reasonable and necessary management level; or (b) Disturbance that results from rule noncompliance is very limited in extent, over time and space, and is immediately stabilized and corrected.

629

- 670

- 0110

Enforcement Action The State Forester may initiate enforcement a ction by issuing and serving to the responsible person, persons, or corporation either a: (1) Written statement of unsatisfactory condition under OAR 629

- 670

- 0115, OAR 629

- 670

- 0120, or OAR

629

- 670

- 0125; or (2) Citation under OAR 629

- 670

- 0130 and ORS 527. 680.

629

- 670

- 0115 Using the Written Statement of Unsatisfactory Condition to Prevent Damage (1) Enforcement action may be initiated by the State Forester by issuing and serving a written statement of unsatisfactory condition to the landowner or operator when the State Forester determines that: (a) A specific operating practice prescribed by a rule or statute, or a condition described in an approved plan for an alternate practice, has not been followed; and (b) Noncompliance with a rule has resulted in adverse resource disturbance that is very limited in extent and that can be immediately stabilized and corrected; orJanuary 2014 Oregon Forest Practice s Act 67

(c) Through timely corrective action the operator can eliminate the potential for resource dama ge or other consequences due to compliance failure. The State Forester may consider expected weather and site conditions, availability of equipment, expertise to accomplish work, and access to the site before requiring corrective action. (2) A written st atement of unsatisfactory condition shall contain: (a) The nature of the unsatisfactory condition; (b) The corrective action to be taken by a specific date; and (c) A notice that a citation will be issued if damage results before corrective action is completed, or if corrective action is not completed by the specific date. (3) If the operator completes the corrective action described in the written statement of unsatisfactory condition, it is not necessary to issue a citation or assess a civil penal ty.

629

- 670

- 0120 Using the Written Statement of Unsatisfactory Condition for Failure to Begin Timely Reforestation The State Forester may issue a written statement of unsatisfactory condition when the landowner fails to begin reforestation, including any necessary site preparation, within 12 months after the completion of the operation and

as described in OAR 629

- 610

- 0040, Time Allowed for Reforestation.

629

- 670

- 0125 Using the Written Statement of Unsatisfactory Condition for Noncompliance with Procedur al Rules (1) Some forest practice rules deal with administrative procedures rather than resource protection. Rules requiring notification, written plans and plans for an alternate practice are examples of procedural rules which, if not complied with, may or may not result in resource damage. (2) Compliance with these procedural rules is essential if the Oregon Forest Practices Act program is to succeed in educating forest landowners and operators, preventing resource damage before it occurs, and

fulfilli ng its legal obligations to keep other agencies and interested citizens informed about planned operation activities. (3) The board's intent is that violations of procedural rules should result in the issuance of a citation in most
instances. However, the State Forester has the option of using the written statement of unsatisfactory condition, described in OAR 629

- 670

- 0110, as the enforcement action when the State Forester determines the following conditions exist: (a) Resource damage from failure to com ply with the procedural rule did not, and will not, occur; (b) The written statement of unsatisfactory condition will result in immediate compliance with the procedural rule and will be adequate to educate the operator about the rule that was not complie d with and to favorably modify the operator's future behavior; (c) The operator had no prior knowledge or only general knowledge of the Oregon Forest Practices Act and rules and has not had significant past experience with the practice in question, or the operator has had significant past experience with the practice, but the violation was inadvertent or accidental; (d) The rule violation did not result in a greater economic benefit for the operator than if the operator had complied with the procedural rule; and (e) Noncompliance with the procedural rule has not denied a person an opportunity to receive a copy of a notification or written plan under ORS 527.670(9) before the operation began, if that person has previously requested copies for the purpose of commenting on the operation. (4) If the operator or landowner reports to the State Forester an unsatisfactory condition that meets the requirements in section (3) of this rule, the State Forester may issue a written statement of unsatisfactory

condition.

629

- 670

- 0130 Issuing a Citation and an Order to Cease Further Violation (1) When the State Forester determines a violation exists, enforcement action may be initiated by issuing and serving a citation to the responsible persons or corporations in accordance with ORS 527.680. (2) The State Forester shall also issue an order to cease further violation and determine whether it is practical and economically feasible for the operator to take corrective action to repair the damage or correct the unsatisfactory condition. The State Forester may then issue and serve an ord er directing the operator to make reasonable efforts to repair the damage or correct the unsatisfactory condition in accordance with ORS 527.680(2)(b).January 2014 Oregon Forest Practice s Act 68

629

- 670

- 0140

Criminal Prosecution Citations for violation of any forest practice rule or statute shall be presented to the District Attorney for the county where the violation occurred, along with a case brief, for the purpose of filing a complaint or information pursuant to ORS 527.990(1) whenever: (1) In the judgment of the State Forester, the operator acted intentionally, knowingly, or recklessly as defined in ORS 161.085 relating to criminal liability; or (2) The violation appears in the judgment of the State Forester to have resulted in monetary gain to the operator, substantially in excess of any am ount recoverable by a civil penalty, and which would not have resulted under compliance with the rule.

629

- 670

- 0200 Assessment of Civil Penalties; Notice of Penalty (1) In addition to any other remedy, the State Forester may assess a civil penalty for any violation described in ORS 527.992(1). (2) The purpose of this rule is to establish civil penalties that will be uniformly assessed by a civil penalty administrator who is appointed by the State Forester. (3) After a citation is issued, the citation and any accompanying information shall be reviewed by a civil penalty administrator. The civil penalty administrator shall review the circumstances of the violation and determine the amount of penalty to be assessed. (4) The State Forester shall give writ ten notice of a civil penalty by certified and first class mail to the person incurring the penalty. The notice shall include but not be limited to: (a) A reference to the particular sections of the statute, rule, standard, order or permit involved; (b) A short and plain statement of the matters asserted or charged; (c) A statement of the amount of the penalty or penalties imposed and how it was calculated; (d) A statement that the party may request collaborative dispute resolution, within 20 days of se rvice of the notice, in which an independent mediator would review the facts of the case, or facilitate any agreement to mitigate the penalty or penalties imposed; (e) A statement of the party's right to request a hearing within 20 days of service of the notice and an explanation of how a hearing or mitigation of a penalty may be requested; (f) A statement that the notice becomes a final order unless the person upon whom the civil penalty is assessed, makes a written request for a hearing within 20 days f rom the date of service of the notice; and (g) A statement that the record of the proceedings to date, including the agency file or files on the subject of the civil penalty, automatically becomes part of the contested case record upon default for the pur pose of providing a prima facie case.

629

- 670

- 0210

Amount of Civil Penalties (1) The amount of civil penalty per violation shall be the lesser of $5000 or the amount determined by the formula $B(C x P) + ($B x D x R) where: (a) $B is a base fine established by type of violation in section (2) of this rule; (b) C is cooperation; (c) P is prior knowledge or prior violations; (d) D is damage to protected resources; and (e) R is the extent of damage that cannot be corrected, or prevented in the future, even though repairs are made. (2) The base penalty value ($B) shall be established as follows: (a) A base penalty of $100 shall be applied to violations of a type where the operator fails to notify

the State Forester of inte nt to operate or fails to submit a required written plan or obtain written approval of a plan for an alternate practice. (b) A base penalty of $250 shall be applied to: (A) Violations of any rule or statute which requires or sets standards for accompli shing

reforestation. (B) Violations involving a failure to comply with the terms or conditions of any order of the

State Forester issued in accordance with ORS 527.680. (C) Violations of a type where the operator fails to comply with any term or condit ion of an approved plan for an alternate practice.January 2014 Oregon Forest Practice s Act 69 (D) Violations where the State Forester determines that an operator has intentionally failed to notify the State Forester of intent to operate, notwithstanding subsection (2)(a) of this

rule. (E) All o ther violations of forest practice rules or statutes not specifically described in section (2) of this rule. (c) A base penalty of $1000 shall be applied to violations of any rule or statute which sets a maximum size for harvesting operations. (3) The cooperation value (C) shall be determined by the State Forester after reviewing whether the operator is taking all feasible steps or procedures necessary or appropriate to correct the violation for which the penalty is being assessed. The value shall be as signed as follows: (a) A value of 0.5 shall be assigned when, in the judgment of the State Forester, the operator takes substantial initiative to correct the damage or problem that led to the violation. Substantial initiative may include, but is not limi ted to, reporting the violation before it is discovered, initiating effective repairs without having to be directed, or making substantive changes in operating procedures designed to identify and avoid potential recurrences. (b) A value of 1 shall be ass igned when the operator cooperates in following the direction of the State Forester by immediately ceasing further violation and taking prompt action to repair damage or correct any unsatisfactory condition where deemed feasible by the State Forester. (c) A value of 2 shall be assigned when the State Forester determines that the operator does not immediately cease further violation, is evasive upon attempts to make necessary communications, or neglects to take necessary and timely action to repair damage or correct any unsatisfactory condition. (4) The prior knowledge value (P) shall be determined by the State Forester after reviewing department records of citations, operation notification or operation inspections. A value from 0.5 through 10 shall be

as signed as follows: (a) A value of 0.5 is appropriate when the operator has little or no prior knowledge of the Oregon Forest Practices Act but has cooperated in ceasing violation and correcting unsatisfactory

conditions. (b) A value of 1 is appropriate when the operator has general knowledge of the Oregon Forest Practices Act and rules, but has not had significant past experience with the practice in question, or has significant past experience with the practice, but the viola tion is determined by the State

Forester to be inadvertent or accidental. (c) A value of 2 is appropriate when the operator has had significant past experience with a practice or condition, or has had specific correspondence or conversation with departme nt personnel about the required practices or actions involved in the violation, before the violation. (d) A value of 4 is appropriate when the State Forester has issued a written statement of unsatisfactory condition to the operator for the violation and timely corrective action was not

taken. (e) A value from 3 through 5 is appropriate when the operator has received citations for any other forest practice rule or statute within the past three years. (f) A value from 5 to 10 shall be assigned when the operator has been cited within the past three years for a violation of the same forest practice rule, statute, or condition; or in a case of failure to comply with an order to cease further violation, or order to repair damage, or order to correct an

unsa tisfactory condition (ORS 527.680(2)). (5) The damage value (D) shall be determined by the State Forester as a measure of extent or relative adverse effect of damage. The specific value applied shall be based on the pre

- operation condition of the
site, i f known, the severity and extent of damage associated with the violation, and any potential economic gain to any involved operators. The damage value should be consistent with the policy of deterring future violations. A value from 0 through 20 shall be as signed. The following shall guide the

State Forester's determination: (a) A value of zero shall be assigned when the violation has not resulted and will not result in resource damage. (b) A value of 1 shall be assigned when the adverse effects of the v iolation left uncorrected are minor and the affected resources will naturally self

- restore within one year. Example: Siltation from exposed soil flows into the upper reaches of a stream, but the site will naturally revegetate within the next growing season , preventing further siltation. (c) A value from 2 to 5 shall be assigned when the damage from the violations left uncorrected is more serious than described in subsection (b) of this section, but the affected resources will self

restore naturally within five years. Examples: A small volume debris avalanche is caused by roadJanuary 2014 Oregon Forest Practice s Act 70 construction material placed in an unstable location and the debris comes to rest in a fish

- bearing or domestic use water; or logs are skidded across a stream without an adequate temp orary crossing leaving ruts and disturbed soil areas that will flow muddy water directly into the stream. (d) A value from 5 through 10 shall be assigned when the damage from the violation left uncorrected is major in relative effect, with natural self

- r estoration taking up to 10 years. A consideration in selecting a value from 5 to 10 may include, but is not limited to the size of the area affected. Examples: Failure to reforest five acres may be assigned no less than a 5, while failure to reforest

50 ac res may be assigned a 10. Removal of understory vegetation along 500 feet of a small stream may be assigned a 10. (e) A value from 5 through 20 shall be assigned when damage is the result of harvest or destruction of trees or snags required to be maintai ned; or when the damage from the violation left uncorrected is major in relative effect, with self

- restoration taking more than 10 years. Example: Severe riparian management area soil disturbance, combined with the total harvest or destruction

of what had been a fully stocked stand of trees required to be maintained, along more than 500 feet of a small stream may be assigned a factor of 20. (6) The repair value (R) shall be assigned by the State Forester as a measure of the relative extent of the damage t hat is corrected or prevented through timely corrective action. The value shall be set by the State Forester between 0 and 1, inclusive and expressed as a decimal. The decimal indicates the degree of damage that already occurred and future damage that cann ot be prevented, even after the repairs are completed as directed in the repair order. Example: A tractor crossed a stream with no temporary structure, breaking the stream banks down, leaving exposed skid trails which eroded, creating turbidity,

and leavin g visible sediment in the stream. With no repairs, the stream bank and skid trails would revegetate in 4 years. The landowner performed all repairs as ordered, including mulching, placing rip

rap, and building waterbars. In the State Forester's judgement, compliance with the repair order will prevent all but 20% of the potential damage expected over the next 4 years. Therefore R equals 0.20. If repairs are not feasible or are not completed, R equals 1.0.

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- 0212 Reducing the Civil Penalty after Repai rs are Complete A person may request that a civil penalty be reduced by the actual costs of the repairs up to an amount equal to $B x D x R. The request must be in writing and received by the State Forester within 20 days of service of the

notice of civil penalty. Evidence of actual costs must be presented with the written request. This evidence will not prejudice any claim by the person that a violation has not occurred, or that the person is not responsible for the

violation. The State Forester shall dete rmine if the actual repair costs are reasonable and reduce the civil penalty accordingly.

629

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- 0214 Civil Penalty Administrator Discretion (1) The civil penalty administrator shall have the discretion to combine violations for the sake of assessing reasonable penalties, under the following circumstances: (a) Multiple citations have been issued for violations resulting from the same practice; (b ) Multiple citations have been issued for violations resulting in the same damage; or (c) Upon a finding of the State Forester that a combination of violations is in the public interest and consistent with the policy of the Oregon Forest Practices Act, ORS 527.630. (2) The civil penalty administrator shall have the discretion to find a penalt y is not warranted for reforestation
violation cases, when: (a) The party cited for the violation was not the landowner at the time the harvesting operation reduced stocking below the minimum standards; and (b) Planting is completed as directed in the repair order. (3) The civil penalty administrator shall have the discretion to find a penalty is not warranted for cases where all of the following conditions exist: (a) The violation arose inadvertently; (b) There was little or no potential for dama ge; (c) No damage resulted; and (d) The cooperation of the operator shows there is little or no chance that the violation will be repeated. (4) Penalties totaling less than $100 shall be suspended, pending no further violations within one year of

iss uance of the citation.January 2014 Oregon Forest Practice s Act 71

(5) The civil penalty administrator shall have the discretion to reduce the amount of the civil penalty when the party assessed: (a) Agrees to the facts of the case; (b) Accepts responsibility for the violation; and (c) Agree s to perform mitigation on the operation unit, or within the watershed, that is equal or greater in value than the amount by which the penalty will be reduced. Examples may include, but are not limited to, any of the following restoration and enhancement a ctivities : ( A ) Reconstructing, relocating, or vacating roads that, because of their location, present a higher risk to water quality than if they had been located and designed to current forest practice rule standards; (B) Restoring or enhancing upstream and downstream fish passage, including replacing crossing structures not designed to current forest practice rule standards; (C) Restoring or enhancing fish habitat by placing large woody debris or other structures in or adjacent to stream channels; (D) Retaining conifers adjacent to streams, to supplement current forest practice rule requirements, consistent with forest health co nsiderations; (E) Restoring or enhancing habitat for threatened and endangered species or other wildlife
habitat; (F) Restoring or enhancing the protection of salmonid production areas. Salmonid production areas include habitat identified through strea m or other inventories as being important for spawning, rearing, or over

- wintering; (G) Participating in a research or monitoring program sponsored or endorsed by the Department of Forestry or the Department of Fish and Wildlife; (H) Participating with Watershed Councils to conduct watershed assessments, develop action plans or implement restoration projects; (I) Controlling noxious weeds or exotic species; or (J) Implementing strategies to reduce the risk of catastrophic fire or insect or disease

d amage.

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- 0220 Amount of Penalties; Special Circumstances (1) Notwithstanding OAR 629

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- 0210, when an operator has had three or more separate incidents of forest practice violations within any three year period, the State Forester may assess a civil penalty of any amount up to the limit established in ORS 527.685(1) as may be deemed appropriate to deter the operator from further violation. (2) For violations involving the harvest or destruction of trees or snags required to be maintained, in or der to deter future violations, each tree or snag, or group of trees or snags harvested may be treated as a separate violation when it is appropriate in the judgment of the State Forester, considering the real or potential economic gain of operators involv ed. (3) When making the determination in section (2) of this rule, the State Forester may consider any evidence that the improper removal of the trees or snags yielded real or potential economic advantage. Evidence may include: (a) The market value of th e trees or snags at the time they were taken; (b) The market value of the trees or snags compared with the value of the timber harvested in the operation as a whole; or (c) The real or potential increase in the value of the land as a consequence of the h arvest, including

its value for uses other than forestland.

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- 0300 Civil Penalties Contested Case Hearings Procedures A person being assessed a penalty has the right to request a hearing and resolution process that allows a fair review of the facts and circumstances of an alleged violation. The Office of Administrative Hearings Rules in OAR

137

- 003

- 0501 to 137

- 003

- 0700 an d the State Forester's procedural rules in 629

- 001

- 0000 to 629

- 670

- 0055 apply to all civil penalty contested case hearings.January 2014 Oregon Forest Practice s Act 72

629

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- 0310 Requesting a Hearing; Stating Claims and Defenses (1) When requesting a hearing, or within ten (10) days follow ing a request for hearing, the person assessed a civil penalty must admit or deny, in writing, all factual matters stated in the notice of penalty. Any factual matters not denied shall be presumed admitted. (2) When requesting a hearing, or within 10 days following a request for hearing, the person assessed a civil penalty shall affirmatively state, in writing, any and all claims or defenses the person may have and the reason that supports the claim or defense. Failure to raise a claim or defense shall be presumed to be a

waiver of such claim. (3) Evidence shall not be taken on any issue not raised in the notice and either the request for hearing or a subsequent statement within ten days following the request for hearing as required in sections (1) and (2)

of this rule. (4) When the person requests a hearing, but fails to deny any factual matters stated in the notice of penalty or to state any claims or defenses, either when requesting the hearing or within ten (10) days following a request for hearing, as required in sections (1) and (2) of this rule, a hearing will not be held. Instead, the civil penalty administrator shall submit the citation and any accompanying information used in preparing the notice of penalty to an administrative law judge, who shal l prepare a proposed order for final consideration by the Board of Forestry.

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- 0315 Requesting a Reduced Civil Penalty Due to Financial Hardship (1) A person may submit a written request to reduce a civil penalty due to financial hardship. The writ ten request shall be made within the same timelines of the request for hearing in OAR 629

- 670

- 0310. (2) The person asking for a reduced civil penalty due to financial hardship is responsible for submitting

evidence of their economic and financial conditio n to the administrative law judge before the hearing. This evidence shall not prejudice any claim by the person that the violation has not occurred, or that they are not responsible for the violation. (3) Unless the issue is raised in the person's request for hearing, no evidence may be presented during the hearing on the economic and financial condition of the person. During the hearing, the burden of proof and the burden of going forward with evidence concerning the person's economic and financial condit ion, shall be upon the person against whom the civil penalty is assessed. (4) The administrative law judge shall consider the evidence of financial hardship and make separate findings and recommendation in the proposed order that support or reject reducin g the amount of any civil penalty. (5) The board delegates to the State Forester the authority to reach settlement to remit or mitigate the amount of any civil penalty at any time before the board issues a final order regarding financial hardship.

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- 0350 Orders Prohibiting New Operations (1) The purpose of this rule is to respond to situations where an operator or landowner has failed to complete repairs ordered by the State Forester to correct or mitigate damages resulting from a violation of forest practice rules, or has failed to pay civil penalties. (2) If a final order directing a landowner or an operator to make reasonable efforts to repair damage or correct an unsatisfactory condition issued under ORS 527.680(2)(b) has not been compl ied with within the time specified by the order, the State Forester may issue an additional order that prohibits the landowner or operator from conducting any new operations on any forestland in Oregon until: (a) The repairs are completed or the unsatisfa ctory condition is corrected to the satisfaction of the State Forester; or (b) The order to prohibit conducting new operations has been revoked or modified following an appeal under the procedures of ORS 527.700. (3) If a final order issued to a landown er or an operator under ORS 527.687 imposing civil penalties has not been complied with within the time specified by the order, the State Forester may issue an additional order that prohibits the landowner or operator from conducting any new operations on any forestland in Oregon until: (a) The civil penalty payment is received by the State Forester; or (b) The order to prohibit conducting new operations has been revoked or modified following an appeal under the procedures of ORS 527.700. (4) The intent of an order issued under the provisions of section (2) or section (3) prohibiting a landowner or operator from conducting new operations is to compel timely compliance by the operator with either an order to repair damage or correct an unsatisfactory cond ition or a final order requiring payment of a civilJanuary 2014 Oregon Forest Practice s Act 73

penalty. Orders may be issued in addition to any other remedy available to the State Forester under statute or rule to compel compliance. Orders may be issued when, in the opinion of the State Forester,

t he other available remedies would likely be less effective in compelling compliance in a timely manner. (5) For the purpose of this rule, "new operation" means any operation requiring notification to the State Forester under the provisions of OAR 629

- 605

- 0140 and 629

- 605

- 0150 for which a notification has not been received by the State Forester, or, if a notification has been received, operation activity has not started before an order prohibiting new operations is issued under sections (2) or (3) of this r ule to the landowner or operator.January 2014 Oregon Forest Practice s Act 74 OREGON FOREST PRACTICES ACT

(Generally)

527.610 Short title

................................ ................................ ................................ ................................ ... 75

527.620 Definitions for ORS 527.610 to 527.770

................................ ................................ ................... 75

527.630 Policy; rules

................................ ................................ ................................ ............................... 76

527.640 Forest regions

................................ ................................ ................................ ........................... 77

527.650 Forest practice committees; members; qualifications; appointment; terms

............................. 77

527.660 Committees to review rules

................................ ................................ ................................ ....... 77

527.665 Notice of reforestation requirements to be given in forestland transfers; effect of failure to

notify; damages

................................ ................................ ................................ ......................... 77

527.670 Commencement of operations; rules; written plan; effect of plan; notice of chemical

ap plication; fees

................................ ................................ ................................ ........................ 77

527.674 Rules requiring approval of Written Plan prohibited

................................ ................................ . 79

527.676 Leaving snags and downed logs in harvest type 2 or type 3 units; green tree s to be left

near certain streams

................................ ................................ ................................ .................. 79

527.680 Violation by operator; citation; order to cease violation; order to repair damage; temporary

order where violation continuing; service on operator; [order prohibiting new operations]

....... 8 0

527.683 Notice of vi olation

................................ ................................ ................................ ...................... 81

527.685 Civil penalty considerations; rules

................................ ................................ ............................. 81

527.687 Civil penalty procedure

................................ ................................ ................................ .............. 81

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 or owner

........ 81

527.700 Appeals from orders of State Forester; hearing procedure; rules; stay of operation

............... 82

527.710 Duties and powers of board; rules to protect resources; inventory for resource protection;

consultation with other agencies required

................................ ................................ ................ 83

527.714 Types of rules; procedure; findings necessary; rule analysis

................................ .................. 85

527.715 Rules to establish standards and procedures

................................ ................................ ........... 8 6

527.721 Coordination with state and local agencies for review and comment on operations

................ 8 6

527.722 Restrictions on local government adoption of rules regulating forest operations; exceptions

.. 8 6

527.724 Forest operations to comply with air and water pollution cont rol rules and standards;

effect of V iolation

................................ ................................ ................................ ....................... 8 7

527.730 Conversion of forestlan d to other uses

................................ ................................ ..................... 8 7

527.736 Forest practice standards for operations on public and private land; rules

.............................. 8 7

527.740 Harvest type 3 limitations; exceptions

................................ ................................ ....................... 8 8

527.745 Reforestation of certain harvest types; adoption of standards; rules

................................ ....... 88

527.750 Exceeding harvest type 3 size limitation; conditions; rules

................................ ....................... 89

527.755 Scenic highways; visually sensitive corridors; operations restricted; exemptions

.................... 90

527.760 Reforestation exemptions for land use changes

................................ ................................ ....... 91

527.765 Best management practices to main tain water quality; rules

................................ ................... 91

527.770 Good faith compliance with best management practices not violation of water quality

standards; subsequent enforcement of standards

................................ ................................ ... 9 2

527.780 Exemption from liability for trees or debris left on property

................................ ....................... 9 2

527.785 Exemption from liability for large woody debris left on property

................................ ............... 92

527.990 Criminal penalties

................................ ................................ ................................ ...................... 9 3

527.992 Civil penalties

................................ ................................ ................................ ............................ 9 3January 2014 Oregon Forest Practice s Act 75 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.

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) “ Board ” means the State Board of Forestry. (2) “ Cumulative effects ” means the imp act 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 st ate 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 construc tion 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 ” me ans 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 requir es 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 b oard 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 ade quate 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 Fo ot 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 t he 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:January 2014 Oregon Forest Practice s Act 76 (A) Grown on land that has been prepared by intensive cultivation methods and that is cleared of competing vegetation for at least t hree 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, fr uits, 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 le ss 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

manag ed 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 cor porations 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 th e 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 ” m eans 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 forest land 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 t o 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 declar ed 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 privat ely 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 genera tions 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 conduct ed. It is further recognized that it is essential to avoid uncertainty and confusion in enforcement and implementation of such laws and regulations and in planning and carrying out operations on forestlands. (3) To encourage forest practices implementing the policy of ORS 527.610 to 527.770 and 527.990 and 527.992, it is declared to be in the public interest to vest in the State Board of Forestry exclusive authority to develop and enforce statewide and regional rules pursuant to ORS 527.710 and to coordina te 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.January 2014 Oregon Forest Practice s Act 77

(5) The board shall adopt and enforce fore st 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

.

527.640 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.

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 qu alified 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 regular ly 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.

527.660 Committees to re view 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 an d the committees need not be consulted prior to the adoption of any forest practice rule.

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 t o 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

.

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 ru le; (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 541.423. (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:January 2014 Oregon Forest Practice s Act 78 (A) The board, by r ule, 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 541.423. (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
541.423; and (B) I s 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 ope rator, 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 leg al 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 applic ation 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

St ate 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 notificati on. (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 w riting 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

tho se 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 Foreste r 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.January 2014 Oregon Forest Practice s Act 79

(11) (a) Comments provided by the State Fore ster, 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

com ply 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 pe rsons 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 s ubsection (9) of this section.

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.

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 an d 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 fee t 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 l ong. 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

a nd 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 le ave 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.January 2014 Oregon Forest Practice s Act 80

(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 availabl e 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 manageme nt 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

ownershi p exceeding 25 acres, the wildlife leave tree and downed log requirements of subsection (1) of this section apply to the combined total contiguous acreage.

527.680 Violation by operator; citation; order to cease violation; order to repair damage; tempora ry 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 repre sentative. 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 re sult 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 oper ator 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 an d 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 co ndition 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 autho rized 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 t he 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 no t 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 specif ied 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.January 2014 Oregon Forest Practice s Act 81

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

.

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 subsection (5) of this section, no civil penalty shall exceed $5,000 per viol ation. (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 o f the violation was an unavoidable accident, negligence or an intentional act. (f) The size and type of ownership of the operation. (g) Any relevant rule of the board. (h) The violator’s cooperativeness and efforts to correct the violation. (3) The penalty imposed under this section may be remitted or mitigated upon such terms and conditions as the board determines to be proper and consistent with the public benefit. Upon the request of the person incurring the penalty, the board shall consider evide nce 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 notic e 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 t his 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 526.0 60 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 th e costs of reforestation shall be paid to the General Fund.

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; orJanuary 2014 Oregon Forest Practice s Act 82

(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 r eview 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 b oard 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 re pair 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 accou nt 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 subsec tion (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 d eposit 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, t he 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 oth er 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, c ontaining 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.

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

orde r 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 t his 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 For ester completed review of the written plan and issued any comments. Copies of theJanuary 2014 Oregon Forest Practice s Act 83

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 intere st 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. Th e 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 concernin g 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 believ e 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 operatio n 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 th e 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 fo r 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.

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 ad dition 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:January 2014 Oregon Forest Practice s Act 84 (A) Threatened and endangere d 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 su bsection. 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 inc entive 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 Par ks 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 resourc es 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) o f 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 ad ditional 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 adverseJanuary 2014 Oregon Forest Practice s Act 85

impacts from cumulative effects have occurred or are likely to occur, and may require that a written plan

be submitted for har vests 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 thos e 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 popula tions 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, t he 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 appropria te 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

.

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 5 27.710 (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 O RS 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 prop osed 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 1 83.410 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 s hall describe in its rule the purpose of the rule and the level of protection that is desired. (5) If the board determines that a proposed rule is of the type described in subsection (1)(c) of this section, including a proposed amendment to an existing rule not qualifying under subsection (3) of this section, and the proposed rule would provide new or increased standards for forest practices, the board may adopt such a rule only after determining that the following facts exist and standards are met: (a) If forest practices continue to be conducted under existing regulations, there is monitoring or research evidence that documents that degradation of resources maintained under ORS 527.710 (2) or (3) is likely, or in the case of rules proposed under ORS 5 27.710 (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 do cumented 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 t he proposed rule are clearly defined, and the restrictions placed on forest practices as a result of adoption of the proposed rule: (A) Are to prevent harm or provide benefits to the resource or resource site for which protection is sought, or in the ca se of rules proposed under ORS 527.710 (10), to reduce risk of serious bodily injury or death; and (B) Are directly related to the objective of the proposed rule and substantially advance its

purpose;January 2014 Oregon Forest Practice s Act 86

(e) The availability, effectiveness and feasibilit y 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 prac tices of the landowners and timber owners, in the aggregate, are contributing to the overall resource concern that the proposed rule

is intended to address. (6) Nothing in subsection (5) of this section: (a) Requires the board to call witnesses; (b) Requires the board to allow cross

- examination of witnesses; (c) Restricts ex parte communications with the board or requires the board to place statements of
such communications on the record; (d) Requires verbatim transcripts of records of proceedings ; or (e) Requires depositions, discovery or subpoenas. (7) If the board determines that a proposed rule is of the type described in subsection (1)(c) of this section, and the proposed rule would require new or increased standards for forest practices, a s 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 impa ct 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, emplo yment and income; (c) An estimate of the total economic impact on the forest products industry and common school and county forest trust land revenues, both regionally and statewide; and (d) Information derived from consultation with potentially affect ed landowners and timber owners and an assessment of the economic impact of the proposed rule under a wide variety of circumstances, including varying ownership sizes and the geographic location and terrain of a diverse subset of potentially affected fores tland parcels. (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 legis lative 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 197.1 80, 197.270, 197.825, 215.050, 477.090,
477.440, 477.455, 477.460, 526.009, 526.016, 526.156, 527.620, 527.630, 527.660, 527.670, 527.683 to 527.724, 527.736 to 527.760 and 527.992.

527.721 Coordination with state and local agencies for review and comme nt 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

.

527.722 Restrictions on local government adoption of rules regulating forest operations; exceptions. (1) Notwithstanding any provisions of ORS chapters 195, 196, 197, 215 and 227, and except as provided in subsections (2), (3) and (4) of this section, no unit of local government shall adopt any rules, regulations or ordinances or take any other actions that prohibit, limit, regulate, subject to approval or in any other way affect forest practices on forestlands located outside of an acknowledged urban growth boundary. (2) Nothing in subsection (1) of this section prohibits local governments from adopting and applying a comprehensive plan or land use regulation to forestland to allow, pr ohibit 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;January 2014 Oregon Forest Practice s Act 87

(c) The establishment or alteration of structures other than temporary on

- site structures which are auxiliary to and us ed 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 processi ng, 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 gov ernment 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 reg ulations 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 F orestry 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 n ot 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 s ection 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 su bmitted 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.

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 relati ng 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.

527.730 Conversion of forestland to other uses. Nothing in the Oregon Forest Practices Act shall prevent the conversion of forestland to any other use

.

527.736 Forest practice standards for operations on public a nd 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 thinn ing.January 2014 Oregon Forest Practice s Act 88

(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 d epartment, 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 541.423 to modify or waive the limitations and requ irements 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 c ontrol and disease control.

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 u nit 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 h arvest 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 lando wner’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 m ust 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

.

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 c ommence 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 suit able 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 underJanuary 2014 Oregon Forest Practice s Act 89 subsection (2) of this section, including but not limited to variances in t he 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 f or 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 adopte d 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 resourc es 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 de finitions, 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

st andards 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 speci fic 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 necess ary 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 th at 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.

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 appr oved 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, a nd 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 uni t 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 unde r 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; orJanuary 2014 Oregon Forest Practice s Act 90 (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 b y 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 O regon 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

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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) S tate 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 enjoym ent 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 r egulations 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 subsec tion (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 pro tect 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 o peration 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 temp orarily 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 roadwa y, 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 adjacen t 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.January 2014 Oregon Forest Practice s Act 91

(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 act ive 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 harves t 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 Fore st 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 195.060; and (c) Harvest within zones designated for rura l residential development pursuant to an exception adopted to the statewide land use planning goals under ORS 197.732.

527.760 Reforestation exemptions for land use changes. (1) The State Board of Forestry shall review its rules governing changes in la nd 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 comple tion 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 cont inuous 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 al l 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 sub ject 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 continuousl y 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

re gulations

.

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 pract icable 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 b est 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 limi ted 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 resu lting from forest operations on forestlands.January 2014 Oregon Forest Practice s Act 92

(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 significantl y 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 d ismissed, 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 d etermines 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 petit ion 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

o f 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.

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 wi th 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 appl y 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 ad option 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.

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, de ath 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 do es 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) T he limitation on liability provided by this section does not apply to any liability established by the provisions of ORS chapter 477.

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 toJanuary 2014 Oregon Forest Practice s Act 93

527.770, under any rules adopted pursuant to OR S 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 dama ge 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 n ot 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

rea sonable 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.

PENALTIES

527.990 Criminal penalties. (1) Subject to ORS 153.022, violation of ORS 527.670, 527 .676, 527.740, 527.750 or 527.755, or any rule promulgated under ORS 527.710 is 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) i s 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, 527.676, 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 B oard 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

.January 2014 Oregon Forest Practice s Act 94

INFORMATION

For more information about the Oregon Forest Practices Act or the Forest Practice Rules, please contact your local Oregon Department of Forestry district office listed below or the headquarters office at 2600 State Street, Salem, Oregon 97310. (503) 945

- 747 1

.

Eastern Oregon

3501 NE 3rd (PO Box 670), Prineville 97754

................................ ................................ ...... (541) 447

- 5658

3701 West 13th, The Dalles 97058

................................ ................................ ..................... (541) 296

- 4626
415 Patterson Bridge Rd. (PO Box 546), John Day 97845

................................ ................. (541) 575

- 1139
2995 Hughes Lane, Baker City 97814

................................ ................................ ................ (541) 523

- 5831

3 200 DeLap Road, Klamath Falls 97601

................................ ................................ ............ (541) 883

- 5681

2290 North 4th Street, Lakeview 97630

................................ ................................ .............. (541) 947

- 3311

611 20th Street, LaGrande 97850

................................ ................................ ....................... (541) 963

- 3168
1055 Airport Road, Pendleton 97801

................................ ................................ .................. (541) 276

- 3491
802 West Hwy 82, Wallowa 97885

................................ ................................ ...................... (541) 886

- 2881

Northwest Or

egon 801 Gales Creek Road, Forest Grove 97116

................................ ................................ ...... (503) 357

- 2191
92219 Hwy 202, Astoria 97103

................................ ................................ ........................... (503) 325

- 5451
405 E Street, Columbia City 97018

................................ ................................ ...................... (503) 397

- 2636

5005 3rd Street, Tillamook 97141

................................ ................................ ........................ (503) 842

- 2545
14995 South Hwy 211, Molalla 97038

................................ ................................ ................. (503) 829

- 2216
22965 North Fork Road SE, Lyons 97358

................................ ................................ .......... (503) 859

- 2151
24533 Alsea Highway, Philomath 97370

................................ ................................ .............. (541) 929

- 3266

825 Oak Villa Road, Dallas 97338

................................ ................................ ........................ (503) 934

- 8146
763 NW Forestry Road, Toledo 97391

................................ ................................ ................ (541) 336

- 2273

Southern Oregon

1758 NE Airport Road, Roseburg 97470

................................ ................................ ............. (541) 440

- 3412
63612 Fifth Road, Coos Bay 97420

................................ ................................ .................... (541) 267

- 4136
4690 Highway 20, Sweet Home 97386

................................ ................................ ............... (541) 367

- 6108
3150 Main Street, Springfield 97478

................................ ................................ ................... (541) 726

- 3588
87950 Territorial Highway, Veneta 97487

................................ ................................ ........... (541) 935

- 2283
2660 Kingwood St. (PO Box 4 60), Florence 97439

................................ ............................ (541) 997

- 8713

5286 Table Rock Road, Central Point 97502

................................ ................................ ...... (541) 664

- 3328

5375 Monument Drive, Grants Pass 97526

................................ ................................ ........ (541) 474

- 3152