justicedao/ipfs_state_laws huggingface dataset:
629-043-0005 Snag Falling (1) Pursuant to ORS 477.565(1): (a) Operators must fell all snags which, in the judgment of the forester, constitute a fire hazard, when directed by the forester in written order. (b) The forester may only require the felling of snags which: (A) Are necessary to prevent the spread of fire; and (B) Are over 15 feet in height and within 100 feet distance of a landing. (2) Pursuant to ORS 477.565(2): (a) Operators must fell all snags which, in the judgment of the forester, constitute a fire hazard, when directed by the forester in written order. (b) The forester may only require the felling of snags which are: (A) Necessary to prevent the spread of fire on forestland west of the summit of the Cascade Mountains; and (B) Over 15 feet in height and over 12 inches in diameter. (3) The forester must: (a) When determining whether snags constitute a fire hazard, give due consideration to: (A) The topography of the operation area; (B) The number and location of snags in and near the operation area; and (C) The frequency of lightning in the operation area; (b) When issuing written orders, specify if the felling of snags is to be completed before or concurrent with the operation of power driven machinery (other than power saws); (4) The forester may, in written order, require additional snags in an operation area to be felled if, in the judgment of the forester, conditions so warrant. Statutory/Other Authority: ORS 477.565 Statutes/Other Implemented: ORS 477.565 History: DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17 DOF 9-1998, f. & cert. ef. 6-3-98 FB 8-1986, f. & ef. 9-25-86 FB 17, f. & ef. 5-12-68
629-043-0015 Spark Arresters (1) Pursuant to ORS 477.645, any persons operating an internal combustion engine during fire season, on, or within one-eighth of one mile of a forest protection district, must equip and maintain the engine with a spark arrester, which is; (a) In good operating condition, and (b) Listed in the most recent edition of a publication of the National Wildfire Coordinating Group and the U.S.D.A. Forest Service, entitled "Spark Arrester Guide". (2) The following are exempt from the requirements of section (1) of this rule: (a) Fully turbo-charged engines which are maintained in good operating condition; (b) Engines in motor vehicles operating on improved roads which are equipped with a muffler and an exhaust system; (c) Engines in light trucks which are equipped with a muffler and an exhaust system; (d) Engines in heavy trucks which are equipped with a muffler and an exhaust system which: (A) Extends at least to the end of the truck frame and discharges to the rear; or (B) Extends above the cab of the truck and discharges upward or to the rear. (e) Engines of 50 cubic inch displacement or less which are equipped with a muffler and an exhaust system; (f) Water pumping equipment used exclusively for fighting fire. (3) Engines in all-terrain vehicles and motorcycles are exempt from section (1) of this rule if equipped with: (a) A muffler and an exhaust system; or (b) A screen which completely encloses exhaust system openings and which is: (A) Heat and corrosion resistant; and (B) Which has no openings greater than .023 inch diameter. (4) Power saws are exempt from this rule, but are separately regulated by OAR 629-043-0036. (5) All exhaust systems, mufflers and screens referred to in this rule must be kept in good operating condition. (6) The forester may, in written order, reduce or waive any requirement of this rule if, in the judgment of the forester, conditions so warrant. NOTE: Use of any of the above mentioned equipment may be further regulated or prohibited during fire season through the application of industrial or regulated use closures (ORS 477.535–.550) [Publications: The publication(s) referred to are available at: https://www.fs.fed.us/t-d/programs/fire/spark_arrester_guides/] Statutory/Other Authority: ORS 477.645 Statutes/Other Implemented: ORS 477.645 History: DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17 DOF 9-1998, f. & cert. ef. 6-3-98 FB 28, f. 2-14-72, ef. 7-1-72 FB 17, f. & ef. 5-12-68
629-043-0023 Additional Water Supply and Equipment (1) Pursuant to ORS 477.615, operators must provide a self-propelled motor vehicle equipped with a water tank containing not less than 300 gallons of water and that complies with the capacity, pump, hose, nozzle and readiness requirements set forth in OAR 629-043-0020, when directed by the forester in written order. (2) The forester may, in written order, reduce or waive any requirement of the order issued under this rule if, in the judgment of the forester, the conditions so warrant or to take advantage of alternate methods or equipment proposed by the operator which provide, in the judgment of the forester, equal or better suppression of fire. Statutory/Other Authority: ORS 477.615 Statutes/Other Implemented: ORS 477.615 History: Renumbered from 629-043-0010 by DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17 DOF 9-1998, f. & cert. ef. 6-3-98 FB 17, f. & ef. 5-12-68
629-043-0026 Operation Area Fire Prevention (1) Pursuant to ORS 477.625(1)(a), during a fire season, operators must comply with the following reasonable precautions that, in the judgment of the forester, are necessary to prevent the spread of fire on or from an operation area: (a) When conducting a cable logging operation during fire season: (A) Clear the ground of all flammable material (down to mineral soil) for not less than ten feet (radius) slope distance, from the point directly below any block. (B) Do not permit moving lines to rub on rock or woody material in such a way to cause sparks or sufficient heat that may cause ignition of fire. (b) Keep all power driven machinery free of excess flammable material which may create a risk of fire. (c) When power driven machinery is left unattended, operators must disconnect main batteries from powered components (other than what may be necessary to retain computer memory) through a shut-off switch or other means or, if battery power is not disconnected, unattended power driven machinery must be left on ground cleared of flammable material. (2) When conducting a operation during fire season which uses mobile equipment east of the summit of the Cascade Mountains and when directed by the forester in written order, the operator must comply with limitations on when mobile equipment may be used. The forester must base such limitations on the fire danger in the operation area, on the risk of fire beginning in the operation area, or due to a combination of any such conditions. (3) When using fire to dispose of slashing at any time of year, the operator must develop a plan for prior approval which sets forth the personnel, equipment and procedures necessary to safely conduct the burning. The plan must be developed in such a manner as to give due consideration to prevention of fire escape and protection of life, forest resources, property and air quality. If a prescribed fire is planned to burn across land ownership boundaries, the operator must: (a) Obtain a single permit listing all landowners on whose lands the fire is planned to burn; (b) Demonstrate to the Department that the operator has obtained consent to conduct the fire from all persons on whose lands the fire is planned to burn, and (c) Conduct the burn in compliance with the permit and the conditions of the permit. (4) The forester may, in written order, reduce or waive any requirement of this rule if, in the judgment of the forester, conditions so warrant or to take advantage of alternate methods or equipment proposed by the operator which provide, in the judgment of the forester, equal or better prevention or suppression of fire. Statutory/Other Authority: ORS 526.016 & 526.041 Statutes/Other Implemented: ORS 477.625 History: DOF 2-2022, amend filed 06/14/2022, effective 06/15/2022 DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17 DOF 9-1998, f. & cert. ef. 6-3-98 FB 3-1986, f. & ef. 3-12-86 FB 4-1985(Temp), f. & ef. 6-17-85
629-043-0030 Fire Watch Service (1) Pursuant to ORS 477.665, during fire season inside or within one-eighth of one mile of a forest protection district, operators must comply with the following fire watch requirements. A person performing fire watch service must: (a) Constantly observe the operation area during any breaks in operation activity and for a period of time designated by the forester, through a written order, not to exceed 2 hours after the power driven machinery used by the operator has been shut down for the day; (b) Visually observe all portions of the operation area on which operation activity occurred during the preceding period of activity; and (c) Be qualified in the use and operation of assigned firefighting equipment and tools; be physically capable of performing assigned fire suppression activities; and be advised of single employee assignment responsibilities (OAR 437-007-1315), when working alone. (2) After a measurable amount of rain on the operation area, the forester may suspend the requirements of subsection (1) of this rule until such time as, in the judgment of the forester, conditions warrant reinstatement. (3) The forester may reduce or waive any requirement of subsection (1)(a) or (b) of this rule in a written order if, in the judgment of the forester, conditions so warrant. (4) Immediately following a period when the only operation activity has been the use of self-loading log trucks on improved roads or landings cleared of flammable material, fire watch service is not required. (5) Pursuant to ORS 477.625(1)(a) operators must comply with the following fire watch service requirements: (a) Each person providing fire watch service on an operation area must have adequate facilities for transportation and communication to be able to summon firefighting assistance in a timely manner. (b) Upon discovery of a fire, fire watch personnel must: (A) First report the fire, summon any necessary firefighting assistance, describe intended fire suppression activities and agree on a checking system; then (B) After determining a safety zone and an escape route that will not be cut off if the fire increases or changes direction, immediately proceed to control and extinguish the fire, consistent with firefighting training and safety. Statutory/Other Authority: ORS 477.665 Statutes/Other Implemented: ORS 477.665 History: DOF 17-2024, amend filed 09/30/2024, effective 01/01/2025 DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17 DOF 2-1999, f. & cert. ef. 5-13-99 DOF 9-1998, f. & cert. ef. 6-3-98 FB 23, f. 6-5-70, ef. 6-25-70 FB 17, f. & ef. 5-12-68
629-043-0036 Power Saws Pursuant to ORS 477.640, any persons operating a power saw during fire season inside or within one-eighth of one mile of a forest protection district must comply with the following fire prevention and suppression requirements: (1) A power saw must be equipped and maintained with a spark arrester and other fire prevention equipment that is listed in the most recent edition of a publication of the National Wildfire Coordinating Group and the U.S.D.A Forest Service, entitled "Spark Arrester Guide Volume 2 — Multi-Position Small Engine”. Power saws which have been modified from the configuration, as tested and listed in the Spark Arrester Guide, are prohibited from use during fire season. (2) When using a power saw, the following minimum fire tools and fire suppressants must be immediately available for the prevention and suppression of fire: (a) One gallon of water or pressurized container of fire suppressant of at least eight ounce capacity; and (b) One round pointed shovel which has a face not less than 8 inches wide and a handle not less than 26 inches long. (3) A power saw motor must be stopped during fueling and moved not less than 20 feet from the place of fueling before being started. (4) All fire prevention equipment, such as fire suppressants, fire tools, screens, shovels, spark arresters and spark arresting devices referred to in this rule must be kept ready for immediate use. (5) If in the judgment of the forester conditions warrant, the forester may, in written order, reduce or waive any requirement of this rule. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 477.640 Statutes/Other Implemented: ORS 477.640 History: DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17 DOF 2-1999, f. & cert. ef. 5-13-99 DOF 9-1998, f. & cert. ef. 6-3-98 FB 50, f. & ef. 9-1-77 FB 48(Temp), f. & ef. 6-29-77 FB 47, f. 9-15-76, ef. 7-1-77
629-043-0040 Burning Permits (1) Pursuant to ORS 477.515, holders of permits for burning must: (a) Before burning, clear the area immediately around and above the burn site of material that may carry fire; (b) When burning in a barrel or similar container, completely cover the container openings with a screen constructed of not less than 14-gauge wire and that has openings which are no larger than one-fourth inch in diameter; (c) Not allow the uncontrolled spread of fire away from the permitted burn site; (d) Not burn on a day when burning has been prohibited by the forester because of increased fire danger or because of air quality conditions; (e) Not burn without complying with all conditions, hours and dates set forth on the permit; and (f) Not burn without complying with the open burning prohibitions set forth in OAR 340-264-0050 to 340-264-0170. (2) The requirements of this rule do not apply to prescribed burning conducted in compliance with ORS 477.013 and 477.552 to 477.562, OAR 629-043-0026(4) and 629-048-0001 to 629-048-0500. (3) The forester may, in a written order, reduce or waive any requirement of this rule if: (a) In the judgment of the forester, conditions so warrant; and (b) The burning complies with the requirements of ORS 477.515, and any applicable portions of Chapter 468, Chapter 468A and OAR chapter 340 division 264. Statutory/Other Authority: ORS 477.013, 526.016 & 526.041 Statutes/Other Implemented: ORS 477.013 & 477.515 History: DOF 2-2017, f. 6-9-17, cert. ef. 7-1-17 DOF 4-2007, f. 12-31-07, cert. ef. 1-1-08 DOF 11-1998, f. & cert. ef. 8-13-98 FB 8-1986, f. & ef. 9-25-86 FB 6, f. 5-9-60
629-043-0050 Slash Hazard Release Under the provisions of ORS 477.580, the Forester will not withhold a release for any fire hazard located west of the summit of the Cascade Mountains after a period of seven years, nor withhold a release for any fire hazard located east of said summit after a period of five years; said periods of time to be determined from the first day of October immediately following the creation of the hazard. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.580 History: FB 6, f. 5-9-60
629-043-0065 Payment for Additional Fire Hazard (1) Pursuant to ORS 477.580(4), when the forester receives payment from an owner or an operator for a release, the monies received shall be used exclusively in the district wherein the additional fire hazard is located, as follows: (a) The payment for such release shall be set aside as a reserve for the purpose of providing additional protection, hazard reduction, or actual fire suppression on the additional fire hazard areas involved. (b) All or portions of such monies shall be credited annually to a dedicated district fund in accordance with an annual district additional fire hazard plan. (c) Monies which are not expended during a period of seven years shall be credited to the district budget the following year. (2) The sum of money the forester receives from an owner or an operator for a release shall be determined by the use of the rating table described in Directive 1-1-1-102. Use of the rating table shall result in the calculation of a “point” total. (a) For an additional fire hazard created by timber harvested in a commercial operation, the sum of money for each 1,000 board feet of timber harvested shall be determined by the point total, as follows: (A) 40–59 points — $1.60; (B) 60–79 points — $2.40; (C) 80–99 points — $3.30; (D) 100–119 points — $4.20; (E) 120–139 points — $5.10; (F) 140+ points — $6.00. (b) For an additional fire hazard created by a stand improvement operation where no timber is harvested, the sum of money for each acre shall be determined by the point total, as follows: (A) 40–59 points — $7.00; (B) 60–79 points — $7.70; (C) 80–99 points — $8.40; (D) 100–119 points — $9.10; (E) 120–139 points — $9.80; (F) 140+ points — $10.00. Statutory/Other Authority: ORS 477.580 Statutes/Other Implemented: ORS 477.580 History: DOF 4-1998, f. 3-10-98, cert. ef. 5-1-98 FB 14, f. 11-18-65 FB 6, f. 5-9-60
629-043-0070 Operation Closedown (1) Pursuant to ORS 477.625(1)(c) and 477.670, operators west of the summit of the Cascade Mountains shall comply with close down requirements which the forester, in written order, has issued. (2) Pursuant to ORS 477.365(1)(h), the forester may, in written order, reduce or waive any requirement of this rule if, in the judgement of the forester, conditions so warrant. Statutory/Other Authority: ORS 526.016 & 526.041 Statutes/Other Implemented: ORS 477.365, 477.625 & 477.670 History: DOF 9-1998, f. & cert. ef. 6-3-98 FB 19, f. & ef. 7-15-68 FB 6, f. 5-9-60
629-043-0076 Permits to Use Fire or Power-Driven Machinery Pursuant to ORS 477.630, operators or owners shall provide the following information that, in the judgement of the forester, is necessary for the administration of rules promulgated under ORS Chapter 477: (1) The name of the county in which the operation area is located. (2) The name and/or the identifying number of a timber sale to be harvested by the operation. (3) The telephone number of the operator. (4) The telephone number of the landowner. (5) The name, mailing address and telephone number of the timber owner. (6) A description of the primary activities to be conducted in the operation area. (7) A description of the primary methods to be used in the operation area. (8) An estimate of the size of the operation area. (9) An estimate of the amount of timber to be harvested from the operation area. (10) The estimated starting date of the operation. (11) The estimated ending date of the operation. Statutory/Other Authority: ORS 526.016 & 526.041 Statutes/Other Implemented: ORS 477.630 History: DOF 9-1998, f. & cert. ef. 6-3-98
629-043-0080 Additional Fire Hazard For the purpose of sections(1) and (2) of ORS 477.580, notice of additional fire hazard shall be given to the landowner and operator in writing with instructions for offsetting or abating such fire hazard. Such notice will include one or more options as follows, provided such options are consistent with the provisions of 527.610 through 527.730. The Forester will issue a release upon successful completion of the instructions for offsetting or abating the hazard: (1) By burning part or all of the slashing to reduce the extra hazard as approved by the Forester. (2) By altering the fuel loading and arrangement on the site by piling slash, crushing, or otherwise altering the fuel to reduce hazard as approved by the Forester. (3) By making physical improvements to offset the hazard such as building fire trails, water supply sources, building fuel breaks, compartmentizing the improvement which effectively offsets the fire hazard as approved by the Forester. (4) By payment to the Forester of a sum of money for extra fire protection for the area if such release is requested by the owner or operator with approval of the owner. Such payment is subject to the provisions of OAR 629-043-0065. (5) Other hazard offsets as approved by the Forester. NOTE: It is intended that physical improvements under sections(1), (2), and (3) of this rule shall offset the additional hazard created to such a degree that the possibility of spread of fire is sufficiently reduced and the ability to control fire sufficiently improved, that extra protection for the area is not warranted. Statutory/Other Authority: ORS 477 & 526 Statutes/Other Implemented: ORS 477.580 History: FB 37, f. 4-15-74, ef. 5-11-74 FB 35(Temp), f. & ef. 1-17-74
629-045-0020 Definitions (1) The definitions set forth in ORS 477.001, 477.205, 526.005, and 526.305 shall apply to OAR 629, division 045, unless the context requires otherwise. (2) The following words and phrases, when used in OAR 629, division 045, shall mean the following unless the context requires otherwise: (a) “Actively managed” means that vegetation management activities are conducted on a continuing, annual basis and periodically through a calendar year, as is necessary to accomplish the landowner’s objectives. (b) “Class 1” means timber class, and includes forestland suitable for the production of timber and may include lands on which structures are present. (c) “Class 2” means timber and grazing class, and includes forestland suitable for joint use for timber production and the grazing of livestock and may include lands on which structures are present. (d) “Class 3” means agricultural class, and includes forestland suitable for grazing of livestock or other agricultural use and may include lands on which structures are present. (e) “Forest Patrol Assessment roll” means the assessment roll process and the direct billing process described in ORS 477.270(1). (f) “Locale” means the general geographic area which is contiguous to or which surrounds a specific site. (g) “Periodically” means at least once every five years. (h) “Potential” means the ability of a site to grow vegetation, notwithstanding current or past uses of the site nor the current or past presence of structures on the site, and regardless of how the site is zoned or taxed. (i) “Routinely” means at least once each calendar year. (j) “USDA” means the United States Department of Agriculture. Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009 Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370 History: DOF 1-2010, f. & cert. ef. 5-19-10
629-045-0025 Identification of Forestland by a Committee (1) A committee shall periodically identify all lands which meet the following criteria: (a) Is within the county or counties of its jurisdiction; and (b) Is a woodland, brushland, timberland, grazing land or clearing that, during any time of the year, contains enough forest growth, slashing or vegetation to constitute, in the judgment of the forester, a fire hazard, regardless of how the land is zoned or taxed. As used in this subsection, “clearing” means any grassland, improved area, lake, meadow, mechanically or manually cleared area, road, rocky area, stream or other similar opening that is surrounded by or contiguous to land described in the first sentence of this subsection (c) And that has been included in areas classified as forestland under ORS 526.305 to 526.370. (2) All lands which meet the criteria set forth in section (1) of this rule shall be considered to be forestland. Statutory/Other Authority: ORS 526.041, Sec. 11 & Ch. 69 OL 2009 Statutes/Other Implemented: ORS 477.205, 477.230 & 526.305 - 526.370 History: DOF 1-2010, f. & cert. ef. 5-19-10